T he Gujarat High Court in the case Cable Operator Association of Gujarat v. Telecom Regulatory Authority of India observed and has issued notice to Telecom Regulatory Authority of India (TRAI) wherein a writ petition has been filed by Cable Operator Association of Gujarat challenging the order of new Tariff by which the channel prices have been increased by the broadcasters from Rs. 12 to Rs. 19 for the inclusion in bouquets being offered to cable subscribers.
In the present case it has been challenged by the petitioner in the plea that the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Fourth Amendment) Regulations, 2022 [Regulations Amendment, 2022] and Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff (the Third Amendment) Order, 2022 [Tariff Amendment], wherein citing the alleged exponential increase.
It has also been contended before the court that the cap of Rs. 12 was fixed by TRAI only vide amendments dated 01.01.2020 and now the authority has taken ‘U-turn’, without any justification. The court observed that a similar plea is also pending before the Kerala High Court, wherein the parties reached an interim arrangement and High Court will soon decide the matter finally.
In the said case, it has been argued by the petitioner in the plea that the price cap of Rs. 12 was upheld by the Bombay High Court in the year 2021 and instead of implementing the same, the TRAI has increased the price cap to Rs. 19 without following the due process of the prescribed law.
Further, it has been contended by the petitioner that TRAI has made changes to Regulation 7(4) and Regulation 10 (12) of the interconnect Regulations which will force the consumers for subscribing to bouquets by making the ala-carte illusionary and increase effective cost to consumers.
It has also been submitted before the court that the impugned regulations being in violation of TRAI Act and Article 14 and 19(1)(g) of the Constitution of India as it has taken the choice of consumer and the autonomy. Therefore, it has also been stated that the impugned regulations seems to be motivated and being titled towards the broadcasters and all other stakeholders were being neglected.
The notice has also been issued by the TRAI, Ministry of Information & Broadcasting and Indian Broadcasting And Digital Foundation.
Accordingly, the curt listed the matter to be next heard on April 5, 2023.