SC Repels Broadcasters' Challenge Against TRAI Tariff Order & Interconnection Regulations [Read Judgment]

The Supreme Court today repelled the challenge made against the validity of tariff order and interconnection regulations introduced by the Telecom Regulatory Authority of India in 2017.The bench of Justice R F Nariman and Justice Navin Sinha dismissed the appeals filed against Madras High Court's judgment which had refused to entertain the challenge by 2:1 majority.The HC bench of the. The Supreme Court today repelled the challenge made against the validity of tariff order and interconnection regulations introduced by the Telecom Regulatory Authority of India in 2017. To maintain the balance between the subscribers’ interests and broadcasters’ interests, again the Authority makes it clear that broadcasters have complete freedom to price channels which do not form part of any bouquet and are offered only on an a-lacarte basis" The Court also extracted in the judgment the Memorandum of TRAI explaining the reasons behind the Regulations as "Abnormal high price of a pay channel may result in higher price of a bouquet leading to adverse impact on subscribers' interests. It was further observed : "If in exercise of its regulatory power under the TRAI Act, TRAI were to impinge upon compensation payable for copyright, the best way in which both statutes can be harmonized is to state that, the TRAI Act, being a statute conceived in public interest, which is to serve the interest of both broadcasters and consumers, must prevail, to the extent of any inconsistency, over the Copyright Act which is an Act which protects the property rights of broadcasters" The Court expressed the view that TRAI wil prevail over Copy Right Act to the extent royalties/compensation payable to the broadcasters under the Copyright Act are regulated in public interest by TRAI under the TRAI Act.