Trai was right in not regulating tariff for HD Feed: TDSAT

Sectoral tribunal TDSAT has ruled that Trai need not regulate tariffs for high definition (HD TV) feed provided by broadcasters to DTH operators.

The bench of Telecom Disputes Settlement and Appellate Tribunal (TDSAT), headed by Justice S B Sinha, gave the ruling saying that the viewers who can afford to watch HD feed on costly TV sets may not need protection like general viewers.

"Televisions on HD feed are watched by those who can afford to purchase specialised type of set-top boxes or a very costly TV set. They cannot prima facie be said to be falling within the category of viewers who require protection," said the TDSAT bench, comprising members G D Gaiha and P K Rastogi.

The ruling was on a plea by Kalanithi Maran-promoted Sun Direct TV, a DTH operator, challenging the Telecom Regulatory Authority of India (Trai)'s not fixing tariff for the HD Feed.

"We do not agree with the contention of Sun Direct TV that Regulator must regulate in all situations. How much the DTH Operators have to pay to the broadcasters, therefore, need not always be a relevant criteria," the tribunal said.

It added, "The requirements of big operators like DTH operators need not be, in our considered opinion, equated with the need of the general and end consumers."

The tribunal also said that the HD Feed broadcasters use entirely new and different technology and they are free to negotiate the terms and conditions, and that Trai was right in not prescribing any rate for the same.

During the Fifa cup, the tribunal had directed ESPN to enter into an agreement with DTH operators TataSky and Sun Direct TV for HD feed by paying Rs 2.5 crore, as there was no guidelines from Trai on this.