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| DB directs DC to comply provisions of TRAI in installation of Set- Top boxes | | | Et Report
Jammu, Feb 21(JNF): In a Public Interest Litigation (PIL) filed by Rajeswari Katoch against the installation of set-top boxes in the Jammu, Division Bench (DB) of State High Court directed to comply with various provisions of the order by asking the multi-system operators providing Cable services, known as Cable Operators that Digitalized Cable Television Services be provided to the general public on specified subscription and in the manner provided in the order issued by TRAI. The needful shall be done within a period of six weeks from the date of receipt of copy of this order and disposed of the PIL
Division Bench (DB) of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi observed that pursuance of the provisions the TRAI has issued order dated 30.04.2012, which is known as "the Telecommunication (Broadcasting and Cable) Services (Fourth) Addressable System) Tariff Order, 2012. The same has already been set out in extenso in the preceding para 5 of this judgment. Clause I of the order imposes an obligation on Cable Operators to offer all channels to its subscribers on a-la-carte basis and it is also obligatory for him to specify the maximum retail price for each channel. It also makes it obligatory that a-la-carte rate of free to air channels must be uniform.
The Cable Operators are also required to specify a minimum monthly subscription, not exceeding one hundred rupees (excluding taxes) per subscriber, towards the basic-service tier or free to air channels in lieu of the basic service tier. The other details as per the provisions of the order are also required to be followed. Division Bench further observed that it appears that the Cable Operators, including private respodents have not complied with the directions issued by the TRAI. In the petition the petitioner has asserted that the Cable Operators have also an obligation to publicize the information including the rates prescribed, standard of quality of service and mechanism for redressal of subscribers grievances.
All that has been said is that the question of specifying one or more free to air channels would arise when appropriate notification by the Central Government under Section 4A of the Act is issued.
The aforesaid stand emanates from complete ignorance of the notification issued by the TRAI under Section 11 of the TRAI Act, 1997. All the obligations specified in the aforesaid order have to be complied with by respondent and the other Cable Operators operating the Cable Television Services in their respective areas. Division Bench however directed the designated officer, namely, the Deputy Commissioner and the Additional Deputy Commissioner to ensure that the provisions of order dated 30.04.2012 issued by the TRAI must be complied with in letter and spirit. The Designated officers shall also ask multi-system Operator providing Cable services to the general public, to comply with various provisions of the order by asking the multi-system operators providing Cable services, known as Cable Operators that Digitalized Cable Television Services be provided to the general public on specified subscription and in the manner provided in the order issued by TRAI. The needful shall be done within a period of six weeks from the date of receipt of copy of this order and disposed of the PIL. |
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