JSA Prism – Regulatory (Communications) | December 2021

Implementation of Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019

After deliberating on the writ petition before the Hon’ble High Court of Kerala, WP(C) No. 428 of 2020 titled as ‘AIDCF & Anr. v. TRAI & Anr.’ (“Writ Petition”), challenging the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019 dated September 4, 2019 (“Regulations”), the Kerala High Court, vide its order dated January 9, 2020, had ordered that no coercive action shall be taken by the respondents and has partially set aside the provisions of the said regulations to the extent they require registration of placement/marketing agreements.  

Subsequently, the Telecom Regulatory Authority of India (“TRAI”) has released a letter on December 8, 2021 (“Letter”) addressed to all Broadcasters and Distributors of television channels indicating that all the provisions of the Regulations, except to the extent they require registration of placement/marketing agreements, are in operation. The Letter also indicate that the service providers who have failed to comply with the same, are liable to be proceeded against, under the provisions of the Regulations and TRAI Act, 1997.

In light of the above, all the broadcasters and distributors of television channels are requested to immediately implement the Regulations and submit the compliance report within fifteen days from the date of issue of Letter; failing which, action would be taken as per the provisions of the said regulations and TRAI Act, 1997.



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