Monday, 28 April 2014

MP HC accepts LCOs petition against DAS regulation

The Indore bench of Madhya Pradesh High Court on 25th April has accepted the Malwa Cable Operator Sangh’s (MCOS) writ petition challenging the constitutional validity of the Telecom Regulatory Authority of India’s (TRAI) Tariff Order and Interconnect Regulation. 
The MP HC while accepting the writ petition also asked the sector regulator to file its reply in the matter within eight weeks. The matter has been put up for final hearing at a later date. 

The other respondents in the case are the Ministry of Information and Broadcasting (MIB) and multi-system operators (MSOs) like Hathway Cable & Datacom, Digicable, Siti Cable and UCN. 
The MCOS had challenged TRAI’s Tariff Order and Interconnect Regulation in its writ petition. It had pleaded to set aside the tariff order and the interconnect regulation till the final disposition of the petition. 
The petition stated that the Tariff Order and Interconnect Regulation were arbitrary and discriminatory against the LMOs who own the last mile customers. This, the MCOS argued, would put the LCOs at a disadvantage in relation to the MSOs. 
The cable operators’ body also contended that the revenue share formula designed by TRAI was tilted towards the MSOs. 
TRAI’s digital addressable system (DAS) regulation was unconstitutional as it transferred the powers of the LCOs like channel packaging, customer billing and activation/deactivation of STBs to the MSOs, the petition argued.


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