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TDSAT sets aside amendments for commercial & ordinary subscribers

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NEW DELHI: Two amendments made by the Telecom Regulatory Authority of India (TRAI) to its tariff orders that aimed at preventing broadcasters from giving their channels directly to the subscribers and putting commercial subscriber at par with ordinary subscribers were today struck down by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT).

 

TDSAT chairman Aftab Alam and member Kuldip Singh said the two amendments were ‘quite unsustainable and we are thus constrained to set aside the impugned amendment orders.’

 

The amendments referred to are the Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Twelfth Amendment) Order 2014 dated 16 July, 2014 and the Telecommunications (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) Order 2014 dated 18 July, 2014 by which similar amendments were made in the Telecommunication (Broadcasting and Cable) Services(Second) Tariff Order 2004 dated 1 October, 2004 (relating to non-addressable or analogue systems) and the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order 2010 dated 21 July, 2010 (relating to addressable systems) respectively.

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The Indian Broadcasting Foundation (IBF) and the Federation of Hotels and Restaurant Association of India (FHRAI) had challenged the amendments as the commercial subscriber is put at par with the ordinary subscriber and the tariff orders treat as equal groups of subscribers that are inherently unequal and are also so recognised in their different definitions in the tariff orders.

 

The impugned amendments introduce mainly three changes: firstly, the broadcaster is no longer allowed to provide its channels directly to a subscriber, be it an “ordinary subscriber” or a “commercial subscriber;” secondly, the terms “commercial establishment” and “commercial subscriber” are defined elaborately and classified separately from “ordinary subscriber” and thirdly, though defined and classified separately from “ordinary subscriber,” for the purpose of charges for receiving supply of channels, the very large and highly heterogeneous body of “commercial subscriber” is en-block put completely at par with the “ordinary subscriber.”

 

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The appellants are aggrieved by the amendments in so far as the commercial subscriber is put at par with the ordinary subscriber and contend that as a result of the impugned amendments, the tariff orders treat as equal groups of subscribers that are inherently unequal and are also so recognized in their different definitions in the tariff orders.

 

The Tribunal said even while the hearing of the present appeal before the Tribunal was underway, TRAI issued the Telecommunication (Broadcasting & Cable) Services (Second) Tariff (Fourteenth Amendment) Order 2015 on 6 January, 2015 that inter alia restates the impugned amendments in the Second and Fourth tariff order. Consequently the appellants have filed an application for amending the appeal with a view to challenge the restatement of the impugned amendments in the fourteenth amendment of the Second tariff order.

 

Allowing the petition, TDSAT said proviso 6 and 7 to clause 3 of the fourteenth amendment along with the explanation appended to proviso 7 are also set aside.

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It said TRAI must now undertake a fresh exercise ‘on a completely clean slate. It must put aside the earlier debates on the basis of which it has been making amendments in the three principal tariff orders none of which has so far passed judicial scrutiny. It must consider afresh the question whether commercial subscribers should be treated equally as home viewers for the purpose of broadcasting services tariff or there needs to be a different and separate tariff system for commercial subscribers or some parts of that larger body. It is hoped and expected that TRAI will issue fresh tariff orders within six months from to-day.’

 

TDSAT said that now that the impugned tariff orders are quashed, the question that arises is the rates that commercial establishments are to be charged, especially those that were excluded from the tariff protection by the seventh amendment of the Second tariff order until TRAI comes out with the fresh tariff order.

 

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The seventh amendment to the Second tariff order and the first amendment to the Third (CAS Area) tariff order were quashed by the judgment of the Tribunal dated 28 May, 2010 but those were kept alive by the Supreme Court for a period of three months from 16 April, 2014, the date of the order by which the Court confirmed the Tribunal’s judgment.

 

As that period is long over, TDSAT said it would not be proper to revive the tariff amendment orders dated 21 November, 2006. As a consequence, the un-amended Second, Third and Fourth tariff orders will come into play and commercial subscriber would, by default, get bracketed with ordinary subscriber.

 

In other words though the impugned amendments in the tariff orders are quashed by this judgment, TDSAT said for practical purposes the situation will continue to remain the same. This is because despite two orders by the Supreme Court to consider the question of tariff in respect of commercial subscribers within specified times periods, TRAI has not been able to produce the tariff that would satisfy judicial scrutiny.

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“This is evidently a highly anomalous situation and to remedy it TRAI must consider whether to issue an interim tariff order dealing with the matter until it takes a final call on the subject. TRAI should take a decision in regard to any interim arrangement within one month from today.”

 

The Tribunal said, “We are fully mindful that TRAI has been painstakingly grappling with this matter for a long time. We also recognise that the issue is highly complex and no easy answers are available. We feel that a good deal of confusion and misunderstanding has resulted from the fact that the seventh amendment of the Second tariff order came to be issued just three days before the pronouncement of the judgment by the Supreme Court in the first round of litigation. TRAI can hardly be blamed for this as it had acted in pursuance of the direction of the Supreme Court by which the Court had modified the status quo order passed at the time of the admission of the appeal. But the result was that in framing the seventh amendment to the Second tariff order, TRAI did not have the benefit of the pronouncement of the Supreme Court in the matter. At the same time the Supreme Court could not get to know how the First and the Second tariff orders were perceived by their maker, the regulator and to what object and purpose those tariff orders were made according to the regulator.”

 

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The seventh amendment to the Second tariff order and the amendment to the Third CAS areas tariff order were eventually quashed by the Tribunal and in the judgment TRAI came in for some strong criticism.

 

TDSAT said it appeared that as a result of this, TRAI went to the other extreme in coming up with the impugned tariff orders. All the different kinds of commercial subscribers being put en block at par with the ordinary subscriber appears to be as arbitrary and unreasonable as the carving out of a very small segment of hotels [namely, (i) hotels with rating of three stars and above, (ii) heritage hotels and (iii) any other hotel/motel, inn and such other commercial establishment providing board and lodging having 50 or more rooms] for exclusion from the tariff protection.

 

“We are strongly of the view that what is required in the matter is a far more nuanced approach. We rather feel it is high time that TRAI should stop making any further amendments in the different tariff orders and take a completely fresh and holistic view on the question of tariff in broadcasting services. As a result of repeated amendments, the Second, Third and Fourth tariff orders have become so complicated that it has become difficult even to follow the exact import of a provision without examining all the amendments made earlier in the Principal tariff order. How much the tariff orders have become clumsy and unwieldy is evident from their very names as is sought be demonstrated in the opening lines of this judgment. We, accordingly, expect that as the whole country is now to come under the DAS regime, TRAI will undertake a fresh exercise and come out with a single consolidated instrument covering broadcasting services,” the Tribunal said.

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Awards

Hamdard honours changemakers at Abdul Hameed awards

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NEW DELHI: Hamdard Laboratories gathered a cross-section of India’s achievers in New Delhi on Friday, handing out the Hakeem Abdul Hameed Excellence Awards to figures who have left their mark across healthcare, education, sport, public service and the arts.

The ceremony, attended by minister of state for defence Sanjay Seth and senior officials from the ministry of Ayush, celebrated individuals whose work blends professional success with a sense of public purpose. It was as much a roll call of achievement as it was a reminder that influence is not measured only in profits or podiums, but in people reached and lives improved.

Among the headline awardees was Alakh Pandey, founder and chief executive of PhysicsWallah, recognised for turning affordable digital learning into a mass movement. On the sporting front, Arjuna Awardee and kabaddi player Sakshi Puniya was honoured for her contribution to the game and for pushing women’s participation onto bigger stages.

The cultural spotlight fell on veteran lyricist and poet Santosh Anand, whose songs have echoed across generations of Hindi cinema. At 97, Anand accepted the honour with characteristic humility, reflecting on a life shaped by perseverance and hope.

Healthcare honours spanned both modern and traditional systems. Manoj N. Nesari was recognised for strengthening Ayurveda’s place in national and global health frameworks. Padma shri Mohammed Abdul Waheed was honoured for his research-backed work in Unani medicine, while padma shri Mohsin Wali received recognition for his long-standing contribution to patient-centred care.

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Education and social development also featured prominently. Padma shri Zahir Ishaq Kazi was honoured for decades of work in education, while former Meghalaya superintendent of Police T. C. Chacko was recognised for public service. Goonj founder Anshu Gupta received an award for his dignity-centred rural development initiatives, and the Hunar Shakti Foundation was honoured for empowering women and young girls through skill development.

The Lifetime Achievement Award went to former IAS officer Shailaja Chandra for her long career in public healthcare and governance, particularly in the traditional systems under Ayush.

Speaking at the event, Hamdard chairman Abdul Majeed said the awards were a tribute to those who combine excellence with empathy. “These awardees reflect Hakeem Sahib’s belief that healthcare, education and public service must ultimately serve humanity,” he said.

Minister Seth struck a forward-looking note, saying India’s young population gives the country a unique opportunity to become a global destination for learning, health and wellness by 2047.

The ceremony also featured the trailer launch of Unani Ki Kahaani, an upcoming documentary starring actor Jim Sarbh, set to premiere on Discovery on 11 February.

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Instituted in memory of Unani scholar and educationist Hakeem Abdul Hameed, the awards have grown into a national platform that celebrates those building a more inclusive and resilient India. For one evening at least, the spotlight was not just on success, but on service with substance.

 

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MAM

Why the best campaigns today start with insights, not ideas

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MUMBAI: For decades, creative storytelling has been the cornerstone of brand communication. The “big idea” amplified through catchy jingles, striking visuals, and memorable hooks was once the gold standard for relevance and recall. Creativity defined presence, and the loudest, boldest campaigns often won attention.

But the marketing landscape today looks very different.

Audiences are more exposed, more discerning, and far less patient. They are inundated with messages across platforms, formats, and creators, often encountering hundreds of brand touchpoints in a single day. In this environment, creativity alone especially when untethered from real consumer truths is no longer enough to move behaviour. Great ideas are abundant. Meaningful impact is not.

This is where insights matter.

The difference may seem subtle, but it is fundamental. An idea represents what a brand wants to say. An insight reflects what the audience is already thinking, feeling, or experiencing. The most effective campaigns emerge not from cleverness alone, but from the intersection of these two forces.

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From creativity to relevance

As the marketing ecosystem becomes increasingly saturated, consumers are growing immune to inflated claims and surface-level storytelling. Even beautifully crafted campaigns can fail if they are disconnected from lived realities. The gap between a brand’s internal enthusiasm and the audience’s actual sentiment can be the difference between attention and indifference.

Insights help bridge this gap. They force brands to pause, listen, and observe to understand emotions, behaviours, cultural contexts, and contradictions. Instead of trying to be remembered through louder branding, insight-led campaigns allow audiences to see their own experiences reflected back at them. When a campaign articulates a problem that feels personal, relevance is created. Trust follows.

Insight is interpretation, not information

It’s important to distinguish between data and insight. Data tells us what is happening. Insight explains why it is happening. While data is measurable and structured, insights are interpretive and dynamic, shaped by real-time sentiment and human behaviour.

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Modern consumers are full of contradictions. They demand authenticity while remaining deeply aspirational. They want brands to take a stand but expect nuance, not instruction. They seek transparency, yet are drawn to curated narratives. These tensions are not obstacles, they are opportunities. When understood correctly, they can shape communication that feels timely, credible, and human.

Some of the most effective campaigns today are born not in isolated brainstorm rooms, but through listening to audiences, creators, editors, online communities, and cultural signals. Insights often exist in blurred patterns, but once identified, they can redefine how a brand connects.

A recent campaign we executed for Domino’s illustrates this shift clearly. The brief wasn’t to make a pizza look bigger or louder. Instead, it was rooted in a simple behavioural truth: in Tier 2 and Tier 3 markets, sharing food is an emotional act tied to family, celebration, and value perception. The “Big Big 6-in-1 Pizza” became a canvas for this insight. The campaign leaned into regional voices and real sharing moments, allowing people to show how they experienced the product rather than being told why they should buy it. Influencers and celebrities amplified genuine usage, not scripted endorsements. The impact from engagement to footfall to sales came not from a clever idea, but from understanding how people relate to food in their everyday lives.

Shifting the starting point

Today’s consumer landscape demands a shift in perspective from “What should the brand say?” to “What does the audience need to hear right now?” This marks a move away from inward-led marketing toward communication shaped by behaviour, emotion, and cultural relevance.

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Brands leading today are keen observers. They notice when perfection stops resonating. They sense when luxury shifts from aspiration to excess. They recognise when influencer content begins to feel repetitive and trust erodes.

Virality, too, is often misunderstood. It is not a strategy to chase, but an outcome. Campaigns rooted in insight do not aim to go viral; they aim to resonate. When content reflects something familiar, a shared truth, emotion, or tension, it travels organically because people see themselves in it.

Ideas attract attention. Insights build connection.

The evolving role of PR

For PR professionals, this shift has redefined success. Coverage volume alone no longer tells the full story. The more meaningful questions today are: Did the communication influence behaviour? Did it align with cultural conversations? Did it address a real consumer pain point?

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Insight-first thinking allows these questions to be answered at the planning stage, rather than corrected midway through execution.

In a world where formats and platforms will continue to evolve, what remains constant is the power of authentic communication. The strongest campaigns today do not begin with a brainstorm, but with observation, interpretation, and empathy. That is not just better marketing, it is more responsible, resilient, and meaningful brand-building.

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Brands

Ahmad Muneeb elevated to VP – HR centre of excellence at Zepto

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MUMBAI: Zepto has elevated Ahmad Muneeb to vice president – HR centre of excellence, placing him at the helm of the company’s total rewards, executive compensation and organisational effectiveness as the quick-commerce firm powers through a high-growth phase.

The move follows his stint as senior director of the HR COE, where he played a central role in preparing the company for IPO readiness while scaling its people analytics capabilities. During this period, Muneeb helped align complex performance management structures with more streamlined and scalable employee experience frameworks.

In his new role, he will steer the design of total rewards strategies, executive compensation planning and organisational design, while also overseeing performance management, employee experience initiatives and people analytics programmes.

Before joining Zepto, Muneeb spent nearly three years at Meesho, where he held multiple rewards and HR business partner roles. Earlier in his career, he worked as a senior rewards consultant at Mercer, advising high-tech clients on compensation benchmarking, pay structures and talent-focused reward frameworks.

He began his hr journey at Cognizant, where he supported compensation programmes for nearly two lakh employees across India and worked on m&a compensation alignment and skill-based pay initiatives. Prior to moving into HR, Muneeb started his career as a software engineer at Netcracker, bringing a technical grounding to his people strategy work.

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With a mix of consulting rigour, start-up agility and enterprise-scale experience, Muneeb’s elevation signals Zepto’s continued focus on building robust people systems as it races towards its next phase of growth.

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