TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI

Dated: 16/12/2021

BROADCASTING APPEAL/1/2021

Appellant Name: Sony Pictures Networks India Pvt Ltd
Versus Respondent Name: Telecom Regulatory Authority Of India

BEFORE

HON'BLE MR. JUSTICE SHIVA KIRTI SINGH, CHAIRPERSON
HON'BLE MR. SUBODH KUMAR GUPTA ,MEMBER

For Applicants/Appellants/
Petitioners Advocate Mr. Gopal Jain, Senior Advocate
Mr. Abhishek Malhotra, Mr. Gurmukh Chaudhri, Ms. Shilpa Gamnani,
Mr. Kunal Tandon, Mr. Kumar Shashank Shekhar,
MS.ATMAJA TRIPATHY.ADV MS. SANYA DUA ADV MS. ANJALI TIWARI

For Respondents Advocate Mr Arjun Natrajan Mr N Sasank Iyer Mr Lakshmi Kant Srivastava

Amicus Curiae:

For Impleader(Pet.):

For Impleader(Res.):

ORDER

Admit. No notice need be issued because Mr. Arjun Natrajan, Advocate has appeared on behalf of TRAI, the respondent on advance notice.

Respondent is granted three weeks' time to file a reply / short reply, mainly on the jurisdictional issue raised on behalf of appellant on the basis of contents of the Telecommunications (Broadcasting Cable) Services Interconnection (Addressable Systems) Tariff Order, 2017, particularly, paras 39 and 40 of the Explanatory Memorandum of the said order and Recommendations of TRAI dated 14.9.2020 on Regulatory Framwork for OTT Communication Services. If required, rejoinder to the reply may be filed within two weeks thereafter.

The issues relating to interim relief shall be further considered on the next date. On the basis of TRAI's stand in the two documents indicated above, there appears some merit at this stage in the submission that OTT services are beyond the extant laws and Regulations presently, which are the words used by TRAI itself in the recommendations of 14.9.2014. Hence, till the next date, no coercive action shall be taken against the appellant on the basis of impugned letter of TRAI dated 25.11.2021.(Annx. A/I)

Post the matter under the head "for directions" on 24.1.2022.

( S.K.SINGH)
CHAIRPERSON

( SUBODH KUMAR GUPTA)
MEMBER