In what could be construed as a step towards reconciliation, Indian broadcasters filed an application in the Supreme Court Tuesday to withdraw a case against regulator TRAI, which had been dragging on in various courts for over two years before reaching the apex court mid-2021.

The reason for this olive branch from the broadcastres, reciprocating Telecom Regulatory Authority of India (TRAI)’s overtures at a settlement to a contentious issue: regulator’s promise of a fresh round of consultation related to TV channels’ tariff and related matters.

“In view of the foregoing representation made by Respondent – TRAI to the member broadcasters of the Petitioner No.1 (Indian Broadcasting & Digital Foundation or IBDF), the Petitioners are desirous of withdrawing the present appeal (against TRAI),” an application filed by IBDF in the Supreme Court on Tuesday said.

On its part, it must be admitted that TRAI too had been seized of the issue of its new tariff order or NTO 2.0, as it is popularly called, and the fact that it had raised more questions about stakeholders’ interests, including those of the consumers who, according to consumer interest groups, felt the brunt of the regulator-industry face-off in the form of increased monthly subscription outflow for cable TV services and their fav TV channels.

And, if the new channel rates, announced by the broadcasters late last year, were implemented under NTO 2.0 regime, it would have increased the monthly subscription prices substantially as popular TV channels, including sports channels, were taken out of bouquets and priced higher on a la carte basis. TRAI, after initial stridency, realised the futility and opened up a dialogue with broadcasters and distributors to resolve the tariff issue amicably.

The new leadership team at the regulatory body, shorn of past baggage of trust deficit, took a statesman-like approach and had suggested to the broadcasters that for future solutions to be found, the court case first had to be withdrawn. It had also postponed the implementation of the NTO 2.0 to June, while giving an option to distributors and broadcasters to rethink their stand on the vexed issue of tariff.

The IBDF application for withdrawal of case at SC, however, made it clear that the move was being initiated while keeping “open the petitioners’ right to raise, in future proceedings, all issues, questions of law, as well as the questions of interpretation of the constitutional statutory provisions”.

A broadcast industry source said the application was premised on the fact that the regulator would hold imminent consultations to address the concerns of the industry.

Ashok Mansukhani, media industry veteran and till-recently part of the leadership team at the Hinduja Group, which has several successful media businesses like NXTDigital, welcomed the decision by the broadcasters to withdraw the case against TRAI.

“Today’s developments by TRAI and broadcasters show willingness to consult and debate. Whenever fresh consultations are done, all stakeholders, including LMOs, MSOs, DTH operators, broadcasters and customer organisations must be consulted,” he toldIndianbroadcastingworld.com.

Some of the earlier reports by Indianbroadcastingworld.com on NTO 2.0 could be accessed here:

https://www.indianbroadcastingworld.com/trai-details-fresh-timelines-for-tv-tariff-implementation/

https://www.indianbroadcastingworld.com/dth-players-for-inflation-linked-ncf-digital-msos-side-with-lcos-on-nto-2-0/

http://www.indianbroadcastingworld.com/set-aside-nto-2-0-as-it-hurts-lcos-consumers-scowa-to-trai/

http://www.indianbroadcastingworld.com/trai-says-tariff-regime-not-applicable-on-ott-platforms/

http://www.indianbroadcastingworld.com/trai-forms-stakeholders-panel-on-nto-2-0-implementation/