DB directs for compliance of TRAI provisions

Excelsior Correspondent
JAMMU, Feb 21: In a Public Interest Litigation filed by Rajeswari Katoch against the installation of set-top boxes in the Jammu, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi today directed the Deputy Commissioner to ensure compliance of the provisions the TRAI issued vide order dated 30.04.2012, which is known as “the Telecommunication (Broadcasting and Cable) Services (Fourth) Addressable System) Tariff Order.
“It appears that the cable operators, including private respondents have not complied with the directions issued by the TRAI. There are specific averments made in the petition which are to the effect that the cable operators have to offer channels on the basic-service-tier and a-la-carte basis at a tariff specified by the TRAI”, DB said, adding “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”.
“In the written statement filed by respondents, averments have been made to show that these provisions have been complied with. 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 DB said, adding “the 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 order have to be complied with by the respondents and the other cable operators operating the Cable Television Services in their respective areas”.
The DB 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 DB said, adding “the needful shall be done within a period of six weeks from the date of receipt of copy of this order”.

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