Fastway is drawing out its appeal against TRAI NTO 1.0 from TDSAT.
The MSO stated that the appeal kept before TDSAT has become pointless on account of new notification of NTO by TRAI. Therefore the withdrawal of appeal has been called upon.
The MSO moved the Tribunal arguing that the TRAI should wait for the decisions of Supreme Court since it has appealed against the dissenting judgement of the Madras High Court’s Chief Justice of India setting aside the clause stating that broadcasters cannot offer more than 15% discount on the bouquet price.
The MSO had argued that the authority should have enforced the tariff order 2017, as well as Quality of Service Regulations, 2017 without deciding to prefer a belated appeal before the apex court against what it calls, was a mere observation in the dissenting judgment of the then Chief Justice of Madras High Court.
Fastway counsel had argued that there was no clear-cut finding that any part of tariff order or the Regulation was ultra vires, rather final outcome was total dismissal of the writ petition by the then Chief Justice and to that judgement, the third Judge expressed his total concurrence.
In January 2019, the TRAI’s appeal on 15% bouquet discount cap was dismissed as withdrawn in the Supreme Court. TRAI had filed an appeal before the apex court for upholding the clause that caps discounts that can be offered by broadcasters on bouquets to 15%.