Section 29 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
29. With regard to the objections pertaining to `must provide' it is relevant to mention, that these provisions that have been in existence since 2004 and in fact, were tested before the Hon'ble TDSAT in the context of various arguments of the Copyright Act, 1957 in Noida Software Technology Park v. Media Pro Enterprises India Pvt. Ltd. The Hon'ble TDSAT was pleased to reject the aforementioned contentions and was pleased to hold that these "must provide" provisions are not in any way vitiated on account of any of the rights and entitlements of the Broadcasters under the Copyright Act, 1957 including Broadcasting Reproduction Rights under section 37 of the Act and as stated above the Statutory Appeal preferred against the Hon'ble TDSAT judgement in NSTPL was dismissed by the Hon'ble Supreme Court vide order dated 26.02.2016 in Civil Appeal No. 1446 of 2016 .
