DTH players upset with broadcasters offering free pay channels on DD Free Dish

“Our customers are complaining (that they are paying for something that is available for free on other platforms). We started these conversations a year ago when we first saw this happening and even wrote to TRAI (Telecom Regulatory Authority of India). But we have not received any response from neither the broadcasters or the regulatory authority,” said Harit Nagpal, managing director and chief executive officer of Tata Sky. If the DTH players still do not hear back, Nagpal said that they will proceed with legal action. He said that they are considering all this.

Nagpal said that all DTH players including Tata Sky, Dish TV and Airtel TV are seeing their business getting affected due to free offers. However, the other two companies did not respond. Mintquestion on this issue. Broadcasters like Zee Entertainment Enterprises Ltd., Viacom18 Media Pvt. Ltd., Star Network and IN10 Media, which owns these channels as well as TRAI, also did not respond.

Akshay Sachte, principal associate of law firm Phoenix Legal, said the new tariff order (NTO) brought in by TRAI requires broadcasters to declare channels as free-to-air or pay channels and determine the MRP for pay channels. The MRP declared for the pay channel should be uniform across all the distribution platforms. On this basis, different pricing for a single DPO appears to be inconsistent with the regulations.

“Having said that, with respect to DD Free Dish, debate has been going on for some time now and it seems that TRAI is aware of the issue. TRAI has FAQs on broadcast and cable TV services on its website, including a query on why pay channels are shown free on DD Free Dish. In response, TRAI has insisted that the nature of a channel should be the same across all addressable platforms and the matter has been seized and in correspondence with the persons concerned,” said Sachche.

“Although the basis for the differential treatment of DD Free Dish is unclear, some reports suggest that DD Free Dish is not covered by the NTO, as it has unencrypted transmissions and is therefore not an ‘addressable system’ for the NTO. . applies,” he said.

Sachte pointed out that if the NTO is applied, a possible argument could be that DD Free Dish as a distributor would be allowed to price the pay channels at any price (even a zero price) under the rules. allowed, as long as it does not exceed the channel limit. MRP set by broadcasters. However, broadcasters are not allowed to provide discounts to distributors beyond certain limits or limits specified in the Interconnection Rules of TRAI.

“Under the NTO, TRAI has the power to issue orders or directions or to intervene for the purposes of securing compliance with the conditions of the NTO or for the purposes of facilitating competition or promoting efficiency in broadcast operations. If the DPOs are dissatisfied with the reply of TRAI, the option of writ petition can be explored in the High Court.