The Supreme Court on Tuesday upheld the Madras High Court’s May 23 order which said that the Telecom Regulatory Authority of India (Trai) is within its powers in fixing tariffs at which broadcasters offer channels to DTH and cable operators as well as the latter to consumers.
In March 2017, Trai had fixed certain rates and slabs for broadcasters and DTH operators which was challenged by Star India in the Madras High Court on the grounds that the regulator had transgressed its powers as it amounted to getting into areas of content which is a copyright issue.

The Madras HC had ruled against Star India which then appealed in the Supreme Court but the apex court concurred the with HC’s order.
The SC order stated that content and copyright are not Trai’s domain and a broadcaster is free to choose what it wants to show but as far as pricing is concerned it comes under regulatory domain and the regulator is within its powers to balance the interests of broadcasters and consumers by fixing tariffs.

Though with this apex court order the regulatory powers of Trai to fix tariffs relating to broadcasting sector gets established, there’s another case before the Delhi High Court which has been filed against the same tariff order of Trai by DTH operators like Bharti Airtel and Tata Sky. The matter, which is due to come up for hearing next month, doesn’t question the regulatory powers of Trai as Star India had done but questions whether the regulator has powers to negate the business negotiations operators indulge in with each other to fix their commissions and rates for consumers.