MUMBAI: The Madras High Court has adjourned the hearing in Sun TV Network versus Telecom Regulatory Authority of India (TRAI) to 20th March. Sun TV Network has challenged the TRAI’s amendments to the new regulatory framework in the Madras High Court. Earlier, the division bench of Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad had issued notices to the Union of India (UOI) and the TRAI. The Additional Solicitor General (ASG) has said that the UOI will file an affidavit on behalf of the TRAI as well. The affidavit had to be filed by 4th February. The HC had also granted permission to implead the UOI, Ministry of Information and Broadcasting (MIB), through its Secretary, in the matter
Madras HC adjourns Sun TV Network vs TRAI matter to 20 Mar
TVP BureauFebruary 5, 2020
MUMBAI: The Madras High Court has adjourned the hearing in Sun TV Network versus Telecom Regulatory Authority of India (TRAI) to 20th March. Sun TV Network has challenged the TRAI’s amendments to the new regulatory framework in the Madras High Court.
Earlier, the division bench of Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad had issued notices to the Union of India (UOI) and the TRAI. The Additional Solicitor General (ASG) has said that the UOI will file an affidavit on behalf of the TRAI as well. The affidavit had to be filed by 4th February.
The HC had also granted permission to implead the UOI, Ministry of Information and Broadcasting (MIB), through its Secretary, in the matter. Accordingly, the UOI was impleaded as the second respondent in the matter.
Sun TV Network counsel Senior Advocate Gopal Jain had raised a challenge to the validity of Section 11(2) of the Telecom Regulatory Authority of India Act, 1997 as well as the amended tariff order and the regulations notified on 1st January 2020 by the TRAI.
Jain had contended that the regulations directly impinge upon the rights of the broadcaster. He had further stated that TRAI has not followed the procedure of transparency in arriving at a conclusion.
The contention is that the amended tariff, as well as the regulations cumulatively, have resulted in a regulatory shock without assessing or analysing the entire foundation for bringing about the changed tariff, which has not been attempted empirically and which also, according to his submissions, is reflected in the minutes recorded in this regard by TRAI itself.
The TRAI amendments have also been challenged in Bombay High Court and Gujarat High Court. In Bombay High Court, the Indian Broadcasting Foundation (IBF) along with other its members has challenged the TRAI amendments. In Gujarat High Court, four individuals have challenged the provisions of the tariff order and the regulation.
The All India Digital Cable Federation (AIDCF) has also challenged certain provisions of the tariff order and the regulation which hamper the rights of the multi-system operators (MSOs). The Kerala High Court has passed an interim order directing TRAI to defer steps that are detrimental to the interest of the AIDCF members.
