ITV

Tag: Star-TRAI

  • Star-TRAI case hearing in Madras High Court starts

    NEW DELHI: Final hearing commenced in the petition by Star India and Vijay TV challenging the jurisdiction of Telecom Regulatory Authority of India to issue tariff orders on the ground that content came under the Copyright Act.

    Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the high court had earlier this month listed matter to come up for today.

    Heeding the directive of the apex court to hear the matter on a day-to-day basis, the hearing which commenced today will continue for another two or three days until it is concluded.

    The hearing in the court was today confined to hearing the counsel for Star India who is expected to continue tomorrow as well. This will be followed by counsel of the TRAI and the Union of India.

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    Although the high court chief justice Indira Banerjee and Justice M Sundar had listed the matter for 12 June, it issued directions before that date that the matter would come up today (on Tuesday).

    In the hearing in April-end, it had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read:

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    Star India case questioning TRAI jurisdiction over content postponed 

  • Star-TRAI case suffers as another judge withdraws in Madras HC

    MUMBAI: The TRAI tariff standoff with Star India, which is pending before the Madras High Court, seems to have hit another roadblock.

    It has been learnt that another judge — Justice Govind Rajan — on Monday recused himself from the case. Star India SVP – legal and regulatory Pulak Bagchi confirmed while speaking to www.indiantelevision.com that he has withdrawn citing personal reasons. To a question, Bagchi said that the case may be referred to another bench in 2-3 days.

    In the first week of April, the case by Star India and Vijay TV challenging the jurisdiction of TRAI in the matter of tariff orders took a surprising turn when Justice S Nagamuthu and Justice Anita Sumanth recused themselves.

    Though it was not clear, it appeared that the two judges had received a letter which prompted them to withdraw from the case. The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    Meanwhile, counsel opined that, as the pleadings were completed, the new bench will get down to hearing the arguments. Arguments had commenced on behalf of the Union Government until lunch that day and the matter was thereafter adjourned.

    Star India and Vijay TV had decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. 

    Now, it is up to the chief justice of the Madras High Court to nominate another bench to hear the case as the recusing judge had written to the CJI that the matter was important and a new bench should be identified on an urgent basis to dispose of the case.

    Also Read :

    Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

    TRAI extends tariff regulations execution date, Madras High court arguments to continue