MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has allowed news channel Kashish Developers Ltd to pursue its representation before the Telecom Regulatory Authority of India (TRAI) regarding the target area of direct-to-home (DTH) operator Tata Sky.

While the news channel operating mainly in Bihar and Jharkhand has yet not accepted to sign the RIO agreement with Tata Sky as required under the new regulations of 2017, the tribunal contended that there is no challenge to the regulations or to the RIO. According to TDSAT, the main challenge appears to be the wisdom of the TRAI in giving liberty to DTH operators to declare their target areas. 

Earlier, Kashish Developers’s learned counsel argued that the target area for the petitioner’s news channels should confine to Bihar and Jharkhand otherwise it may lose on account of lack of pan-India penetration. On the other hand, Tata Sky’s learned counsel submitted that being a DTH platform it has no option but to treat the target area even in respect of the petitioner’s channel as a pan-India channel.  

“In the facts of the case, we are of the considered view that the issues relating to wisdom of the policy can be considered effectively only by the regulator,” the latest order by TDSAT read. Kashish Developers Ltd has already approached TRAI with a representation filed on 29 June.

“In the aforesaid facts, the petition along with pending MAs is disposed of with liberty to the petitioner to pursue its representation.  It will also be at liberty to file further representation, if required, with a copy of this order.  TRAI is expected to dispose of the representation expeditiously in accordance with law,” the order added.