INDIRA TELEVISION LTD vs TELECOM REGULATORY AUTHORITY OF INDIA AND ORS.
$~ 15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28th June, 2024
+ W.P.(C) 8735/2024, CM APPLs. 35630/2024 & 35631/2024
INDIRA TELEVISION LTD ….. Petitioner
Through: Mr. Mahfooz A. Nazki with Mr. Meeran Maqbool, Advocates.
(M): 9873384984
Email: office@nazki.in
versus
TELECOM REGULATORY AUTHORITY OF INDIA AND
ORS. ….. Respondents
Through: Mr. Rakesh Kumar, CGSC with Mr.
Vedansh Anand, GP for respondent
no. 1/UOI.
(M): 8700015764
9811549455
Email: advrathoremahesh@gmail.com
rakeshkumarcgsc@gmail.com
Mr. K.L.N.V.Veeranjaneyulu,
Advocate for respondent nos. 6 to 8.
CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J (ORAL)
CM APPL. 35631/2024 (For Exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 8735/2024 & CM APPL. 35630/2024
3. The present writ petition has been filed seeking declaration that the disconnection/switching off of the petitioners channel, by the respondent nos. 6 to 8, is in willful breach of Telecom Regulatory Authority of Indias (TRAIs) Interconnection Regulations, 2017, Quality of Service Regulations, 2017, and is illegal and bad in law.
4. It is submitted that the petitioner is a broadcaster of its channel and respondent no.6 to 8 are Multi System Operator, i.e., a service provider under TRAI Act, 1997.
5. Learned Counsel appearing for the petitioner submits that respondent nos. 6 to 8 have disconnected/switched off the petitioners channel, i.e., Sakshi TV, without any cause of action, and without issuance of the mandatory disconnection notice as duly mandated by Clause 17 of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (TRAI Interconnection Regulations, 2017).
6. Learned counsel appearing for the petitioner submits that the disconnection violates Clause 17 of the TRAIs Interconnection Regulations pertaining to the mandatory 21 days prior notice, regarding the disconnection of the channels. Respondent nos. 6 to 8 have not issued any disconnection notice at all, making the actions of respondent nos. 6 to 8, per se, as illegal and bad in law.
7. It is submitted that the action of respondent nos. 6 to 8 have caused significant reputational and financial loss to the petitioner and deprived the subscribers of the petitioner of access to Sakshi TV channel during a critical period. Thus, the petitioner seeks immediate restoration of the channel on the network owned and operated by respondent nos. 6 to 8, on the same status and position, as before the illegal switching off of the channel, prior to 20th June, 2024.
8. It is submitted that Sakshi TV channel is one of the most popular Telugu language news channel, and is available on almost all the major DTH (Direct to Home) platforms, and on the networks of all the Multi System Operators (MSOs) in the State of Andhra Pradesh.
9. It is submitted that since the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) is not functioning in the vacations and there is no Vacation Bench in the said Tribunal to hear and decide the subject matter, the petitioner has approached this Court by way of the present petition.
10. It is submitted that the petitioners channel, Sakshi TV, was being retransmitted by the respondent no. 4 on its network, since its inception in the year 2015. The Sakshi TV channel was available on LCN No. 50, until its illegal and arbitrary disconnection, on 20th June, 2024.
11. Attention of this Court has also been drawn to the TRAI Interconnection Regulations, 2017, in particular to Clause 17, which reads as under:
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17. Disconnection of signals of television channels – No service provider shall disconnect the signals of television channels without giving at least three weeks notice in writing to other service provider, clearly specifying the reasons for the proposed disconnection:
Provided that the period of three weeks notice shall start from the date of receiving the notice by the other service provider:
Provided further that the distributor of television channels shall, fifteen days prior to the date of disconnection, inform the subscriber, through scrolls on the channels proposed to be disconnected, the date of disconnection of signals of such television channels:
Provided also that no service provider shall display notice for disconnection of signals of television channels in form of static images overlaid on the television screen, obstructing normal viewing of the subscribers.
xxx xxx xxx
12. By referring to the aforesaid TRAI Interconnection Regulations, 2017, it is submitted that it has categorically been stipulated, that no service provider shall disconnect the signals of the television channels, without giving at least three weeks notice, in writing.
13. Learned Counsel also refers to Clause 18 (4) of the said TRAI Interconnection Regulations, 2017, which reads as under:
xxx xxx xxx
18.
(4) The channel number once assigned to a particular television channel shall not be altered by the distributor for a period of at least one year from the date of such assignment:
Provided that this sub-regulation shall not apply in case the channel becomes unavailable on the distribution network:
Provided further that if a broadcaster changes the genre of a channel then the channel number assigned to that particular television channel shall be changed to place such channel together with the channels of new genre in the electronic program guide.
xxx xxx xxx
14. By referring to the aforesaid Clause 18 (4), it is submitted that once a channel number has been assigned to a particular television channel, it shall not be altered by the distributor for a period of at least one year.
15. Per contra, learned counsel appearing for respondent no.1-Union of India submits that the present petition would not be maintainable before this Court, as TDSAT is the authority where the petitioner ought to have filed an appeal. He further submits that respondent no.1 has been made a party, solely for the purpose of bringing the present petition within the jurisdiction of this Court. It is further submitted that the present petition involves private commercial dispute between the petitioner and respondent no.1, wherein, the party is in Andhra Pradesh.
16. Learned counsel appearing for respondent nos. 6 to 8, submits that the petitioner ought to have approached the TDSAT. In the absence of the TDSAT, it is the Andhra Pradesh High Court, which has the jurisdiction to hear the present matter. He further submits that the transmission of the channel, i.e., Sakshi TV, is undisruptive, and is currently in place.
17. Considering the submissions made by learned counsels for the parties, this Court at the outset records the submission made by learned counsel appearing for respondent nos. 6 to 8, that the transmission of the channel of the petitioner, i.e., Sakshi TV, is uninterrupted and unhindered, and is being relayed in the State of Andhra Pradesh.
18. This Court also notes that the petitioner has already filed an appeal before TDSAT, and has approached this Court only in the interregnum, since there is no Vacation Bench in the TDSAT.
19. Thus, this Court notes that the TRAI Interconnection Regulations, 2017, stipulate issuance of mandatory statutory notice of three weeks in writing, before disconnecting signals of television channels. Hence, without giving a prior notice of three weeks to the petitioner, in terms of Clause 17 of TRAI Interconnection Regulations, 2017, the respondent nos.6 to 8 could not have disconnected the signals of the petitioners channel. Since, it has come on record that the respondent nos. 6 to 8 have failed to give any such notice to the petitioner herein, the disconnection/switching off of the signals of the petitioners channel, without any prior notice, is ex-facie bad in law.
20. It is to be noted that this Court by its decision dated 24th June, 2024, passed in W.P.(C) 8688/2024, and other connected matters, has dealt with similar situation with respect to some other channel.
21. Accordingly, it is directed that in terms of the submission made on behalf of respondent nos. 6 to 8, the transmission of the television channel, i.e., Sakshi TV, shall continue uninterruptedly and unhindered on the same position, as existing prior to 20th June, 2024. With regard to further grievances of the petitioner, it is noted that the petitioner has already filed an appeal before TDSAT.
22. Accordingly, no further orders are required to be passed in the present petition.
23. The present petition is accordingly disposed of, in the aforesaid terms, along with the pending application.
MINI PUSHKARNA, J
(VACATION JUDGE)
JUNE 28, 2024
au
W.P.(C) 8735/2024 Page 6 of 6