Indian Kanoon - Search engine for Indian Law

2. The present Public Interest Litigation is inspired by the activities of the cable operators for digitalization of Cable Television Services. According to the allegations made in various paras of the petition, the cable operators are misusing the newly added Section 4A of the Cable Networks (Regulation) Act, 1995 ( for brevity 'the Act') by forcing their subscribers to switch over to Cable Digitalization by purchasing a Set-top box which is priced at Rs.1200/-. The amount of Rs. 500/- is to be deposited in advance by March 15, 2013. The balance amount is to be paid at the time of installation of Set-top box. In that regard, reliance has been placed on a notice issued by the cable operators Take One JK Media Ltd and Space Communication Network-respondent nos. 5 and 6 respectively (Annexure C).

13. Having perused the notification dated 11.11.2011 and the provisions of Section 4A (1) of the Act and its proviso, we are of the view that the argument of the petitioner does not emanate either from the plain language of the provision nor from its intendment. Section 4A is manifestly clear that the Central Government is competent on recording its satisfaction and by issuing notification in the official gazette, making it obligatory on every Cable Operator to transmit or re-transmit programmes of any channel in an encrypted form through a digital addressable system with effect from such date as may be specified in the notification and different dates may be specified for different States, Cities, towns, or areas. The proviso put it beyond any doubt that the date specified in the notification shall not be earlier than six months from the date of issuance of such notification. In other words, in the notification dated 11.11.2011 the target date required to be fixed could not be earlier than six months; meaning thereby that a period of at least six months has to be afforded to enable the Cable Operators to install the equipment required for the purposes of transmitting or re- transmitting the programmes in a encrypted form through a digitalized addressable system. The object sought to be achieved by proviso to sub-section (1) of Section 4A of the Act is that adequate time should be available to the Cable Operators to switch over to digitalization of Cable Television Services. Therefore, the argument, interpreting the proviso to mean that it cannot commence prior to six months, has to be rejected as it emanates from complete misreading of the provision. Therefore, question A is answered against the petitioner and in favour of the respondents.

16. In pursuance of the aforesaid provisions the TRAI has issued order dated 30.04.2012, which is known as "the Telecommunication (Broadcasting and Cable) Services (Fourth) Addressable System) Tariff Order, 2012. The same has already been set out in extenso in the preceding para 5 of this judgment. Clause I of the order imposes an obligation on Cable Operators to offer all channels to its subscribers on a-la-carte basis and it is also obligatory for him to specify the maximum retail price for each channel. It also makes it obligatory that a- la-carte rate of free to air channels must be uniform. Clause 6, as amended on 30.04.2012, further imposes obligation to offer a package of a minimum of one hundred free to air channels as basic service tier including the channels of Prasar Bharati. It is option given to the subscriber to choose any combination of free to air channels up to one hundred channels, in lieu of the basic service tier offered by the Cable Operator. The Cable Operators are also required to specify a minimum monthly subscription, not exceeding one hundred rupees (excluding taxes) per subscriber, towards the basic-service tier or free to air channels in lieu of the basic service tier. The other details as per the provisions of the order are also required to be followed.

17. It appears that the Cable Operators, including respondent nos. 5 and 6 have not complied with the directions issued by the TRAI. There are specific averments made in para 11 of the petition which are to the effect that the Cable Operators have to offer channels on the basic-service-tier and a-la-carte basis at a tariff specified by the TRAI. In para 12 the petitioner has asserted that the Cable Operators have also an obligation to publicize the information including the rates prescribed, standard of quality of service and mechanism for redressal of subscribers grievances. In the corresponding para of the written statement filed by respondent nos. 5 and 6, averments have been made to show that these provisions have been complied with. All that has been said is that the question of specifying one or more free to air channels would arise when appropriate notification by the Central Government under Section 4A of the Act is issued. The aforesaid stand emanates from complete ignorance of the notification issued by the TRAI under Section 11 of the TRAI Act, 1997. All the obligations specified in the aforesaid order have to be complied with by respondent nos. 5 and 6 and the other Cable Operators operating the Cable Television Services in their respective areas. Therefore, the designated officer, namely, the Deputy Commissioner and the Additional Deputy Commissioner is directed to ensure that the provisions of order dated 30.04.2012 issued by the TRAI must be complied with in letter and spirit. The Designated officers shall also ask multi-system Operator providing Cable services to the general public, to comply with various provisions of the aforesaid order.