The MCOSS pleaded before the TDSAT to strike down the tariff order and the regulations. It has also challenged the 55:45 revenue share model between the multi system operators (MSOs) and the local cable operators (LCOs).
The three respondents in the matter are Union of India, TRAI and Indian Broadcasting Federation (IBF). As these respondents appeared on advance notice the tribunal did not issue any notice. The counsel for the MCOSS has assured that he will take required steps within a day to furnish all the documents accompanying memo of appeal to the counsels for the respondents.
TDSAT said some of the prayers made in this appeal run counter to the decisions already rendered by the Madras High Court and the Supreme Court. The tribunal was referring to the plea to set aside the revenue share model between the MSOs and LCOs in the new regulatory framework.
The tribunal added there is some dispute whether the issue of revenue share arrangement is covered under the Madras HC and Supreme Court orders. The prayer about revenue share arrangement may be covered by the principle of the constructive res-judicata. However, this aspect may be considered at a later stage, it stated.
TDSAT said: “We have made it clear to the parties that in the light of the aforesaid prayer, the main issue is whether there is any requirement of further directions to Broadcasters and MSOs towards implementation of the new Regulations so as to take care of difficulties of the consumers and if there is such requirement in spite of earlier directions, what should be the further directions to achieve the purpose of helping the consumers to reap the benefits of the new Regulations.”
The matter will be heard on 16th April 2019.