Broadcasters to move TDSAT as Kerala HC dismisses plea against TRAI regulation

The Kerala High Court has dismissed a petition of broadcasters against a notification of the Telecom Regulatory Authority of India (TRAI), which mandates that a channel available at no subscription fee on DD Free Dish shall not be declared as a pay channel by broadcasters for DPOs.

The broadcasters’ body Indian Broadcasting and Digital Foundation (IBDF) is now likely to move the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

Sources confirmed that the high court has dismissed the petition as “not maintainable” and said TDSAT was the appropriate forum.

However, a detailed order copy is awaited.

The plea, filed by Indian Broadcasting and Digital Foundation (IBDF), Viacom18 Media Pvt Ltd and Star India Pvt Ltd in August this year, challenged a July notification of TRAI which also restricts broadcasters from bundling FTA channels with pay channels .

The petitioners have challenged a provision in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) (Fourth Amendment) Order 2024, notified on July 8 by TRAI, referred to as the 2024 Tariff Order, which says that “a channel which is available at no subscription fee on Prasar Bharati’s DD Free Dish platform shall not be declared as pay channel by the broadcasters for addressable distribution platform operators.”

Broadly, addressable system means a system deployed by a DPO, for example, Tata Play, Airtel DTH, NXT, Siti Networks etc, where signals of TV channels are retransmitted by such DPO in an encrypted form. These can be decrypted for viewing by using equipment issued and installed by the relevant DPO at the premises of a subscriber in terms of the authorization made by such a DPO, the plea mentioned.

“The petitioners also challenge the clause, which restricts the ability of the broadcasters to bundle FTA channels with Pay channels. The challenge to the regulation is necessitated in view of the 2024 amendment to the 2017 Tariff Order, as it impinges on the ability of the broadcasters to bundle the channels, which are offered by broadcasters on DD Free Dish which bouquets of pay channels being offered to private DPOs such as MSOs and DTH operators,” it said.

During the proceedings in the HC, All India Digital Cable Federation (AIDCF) and direct-to-home (DTH) operators Tata Play, Dish TV, Airtel Digital TV, Sun Direct and Prasar Bharati had filed impleadment applications before the HC to join the case.

The tension between cable operators and broadcasters is a long-standing issue, with both sides competing for greater control over content distribution and pricing strategies.

Broadcasters argue that they should have the flexibility to package FTA channels with pay channels to maintain competitive offerings, while cable operators and regulators emphasise transparency and fair pricing in the market.

This conflict underscores the challenges of adapting to a rapidly evolving media landscape, where consumer preferences and technology are reshaping traditional broadcasting models.

As both parties navigate these regulatory changes, the outcome will significantly impact the future dynamics of content distribution in India.