TDSAT refuses to stay Freedish rules, orders compliance within 14 days

New Delhi: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on Thursday rejected a plea from broadcasters to stay the implementation of the Telecom Regulatory Authority of India's (TRAI) new tariff regulation concerning pay channels on DD Freedish. 

In a significant ruling, broadcasters have been instructed to update their Reference Interconnect Offer (RIO) within the next two weeks in compliance with the new rules.

Earlier in November, the Supreme Court rejected broadcasters’ appeal challenging the telecommunication tariff orders of TRAI and affirmed the Kerala High Court verdict that such matters should be dealt by telecom tribunal TDSAT.

Prior to that, the Kerala High Court declined to hear IBDF's plea against provisions of TRAI's 2017 Interconnection Regulations and Tariff Order.

Under the regulation, channels must either be free across all platforms if they are free on DD Freedish or be withdrawn from the platform to maintain their status as pay channels. 

The refusal to grant a stay comes after a series of legal and regulatory tussles over how pay channels should be managed on DD Freefish. 

Broadcasters have until January 3, 2025, to adjust their offerings in line with TRAI's mandate.

The IBDF claims that the order violates their constitutional right to freedom of speech and expression. They also argue that DD Freedish is distinct from other distribution platform operators (DPOs) because it does not charge consumers a subscription fee.

The IBDF further contends that TRAI's stringent conditions will reduce channel reach, as broadcasters may be forced to withdraw from DD Freedish or make their channels FTA for other DPOs, excluding them from pay channel bouquets.

TDSAT is set to hear arguments from all parties again on February 6.