The Telecom Regulatory Authority of India (TRAI) has filed a short reply affidavit in response to the petitions filed by broadcasters in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) challenging the regulator’s powers to seek information about the mode of transmission of linear TV channels on over the top (OTT) platforms.
Star India, Sony Pictures Networks India (SPNI), and Sun TV Network have challenged the TRAI’s order dated 25th November 2021 seeking detailed architecture indicating which media is being used to deliver linear content to their own as well as third-party streaming platforms. The broadcasters have contended that the issue is beyond TRAI’s regulatory powers and have refused to share any information with the regulator.
The TRAI has contended that the appeals filed by the broadcasters ought to be dismissed since these are without any merit. “The appellants’ case that the authority is seeking to regulate OTT platforms is without any substance. Authority is acting well within the scope of its powers that under Section 12(1)(a) of TRAI Act read with Section 11(1)(b)(i) of TRAI Act,” the regulator said in its affidavit.
While denying the allegations of the broadcasters, the TRAI noted that the broadcasters have equated the regulator’s statutory powers to issue orders to service providers under Section 12 of Telecom Authority of India Act, 1997 (TRAI Act) with that of regulating OTT platforms, even though such orders have been issued to broadcasters and not OTT platform operators. The authority contended that the TRAI Act empowers it to regulate telecommunication services including broadcasting and cable services. The broadcasting services have not been defined in TRAI Act, however, they are defined in Interconnection Regulations, 2017.
The authority also said it has called for information from the broadcasters to examine if there is any violation of Clause 5.6 of Downlinking Guidelines. It further stated that the 25th November order merely requires the broadcasters to furnish information on streaming linear channels on OTT platforms.
The TRAI also argued that broadcasters cannot claim to be outside the jurisdiction of authority as they have been granted licence for the use of airwaves to transmit signals of TV channels to consumers in a particular setup (under Clause 5.6 of Downlinking Guidelines). Clause 5.6 of the Downlinking Guidelines mandates that a broadcaster shall provide satellite TV channel signals reception decoders only to MSOs/cable operators, DTH operators, IPTV Service Provider, or a HITS operator.
The TRAI further stated that a conjoint reading of the guidelines and the permissions granted to the broadcasters by MIB indicates that the permission has been granted to broadcast a TV channel signal with a particular TV channel name and logo and these channels are broadcast to the consumers, in mode and manner governed by the permissions.
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has adjourned the Telecom Regulatory Authority of India (TRAI) versus broadcaster matter to 3rd March. In the previous hearing, the TDSAT had directed the TRAI not to take coercive steps against broadcasters for not furnishing information related to the mode of retransmission of linear channels on OTT platforms.
