After Kerala, Gujarat High Court Seeks TRAI's Response On Cable Operators' Plea Against Increased Channel Pricing

The petitioner challenged the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Fourth Amendment) Regulations, 2022 [Regulations Amendment, 2022] and Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff (Third Amendment) Order, 2022 [Tariff Amendment] citing the alleged exponential increase.

It has been contended that the cap of Rs. 12 was fixed by TRAI only vide amendments on January 1, 2020 and the authority has now taken ‘U-turn’, without any justification.

A similar petition is also pending before the Kerala High Court. The parties therein reached an interim arrangement and High Court will soon decide the matter finally.

In this case the petitioner argued that the price cap of Rs. 12 was upheld by the Bombay High Court in 2021 and instead of implementing the same, TRAI has increased the price cap to Rs. 19 without following due process of law.

The petitioner further contended that TRAI has made changes to Regulation 7(4) and Regulation 10 (12) of the interconnect Regulations which will force the consumers to subscribe to bouquets by making the ala-carte illusionary and increase effective cost to consumers.

Hence, it is submitted that the impugned regulations are in violation of TRAI Act and Article 14 and 19(1)(g) of the Constitution of India as it has taken the choice of consumer and its autonomy. It was also stated that the impugned regulations seems to be motivated and titled towards broadcasters and all other stakeholders were neglected.

The Court has issued notices TRAI, Ministry of Information & Broadcasting and Indian Broadcasting And Digital Foundation, and has listed the matter again on April 5, 2023.

Case Title: Cable Operator Association of Gujarat v. Telecom Regulatory Authority of India

Coram: The Acting Chief Justice A.J. Desai and Justice Biren Vaishnav

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