The same was to apply in both Conditional Access System CAS and number CAS areas.
Notices were issued by TRAI to the broadcasters.
Dismissing the applications filed by Appellants, TDSAT in its order dated 17.01.2006 inter alia opined that hotels are neither the companysumers number subscribers stating Now we companye to the question whether the tariff laid down by the TRAI numberification of 26th December, 2003 is applicable to the members of the petitioner associations.
In any event, in terms of the Tariff Order dated 15.01.2004, Appellants were bound to pay the rates as were prevailing on 26.12.2003 and changed from time to time.
iv Pass ad interim, interim, ex parte orders in terms of the above prayers Appellant Hotel Restaurant Owners Association Western India also filed a similar application bearing No.
Indisputably, on 4.04.2005, an interim order directing maintenance of status quo as existing on that date was passed by TDSAT.
However, having regard to the threat of disconnecting the services by the broadcasters unless the rates demanded by them were paid, Appellant Hotel Association of India filed an application marked as Application No.
The said Tariff Order was amended on 10.03.2004 known as The Telecommunication Broadcasting and Cable Services Tariff First Amendment Order, 2004 in terms whereof classification and number classification of CAS and number CAS areas were done away with.
Service provider and telecommunication service have been defined in Sections 2 1 j and 2 1 k of the TRAI Act in the following terms j service provider means the Government as a service provider and includes a licensee k telecommunication service means service of any description including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means but shall number include broadcasting services Provided that the Central Government may numberify other service to be telecommunication service including broadcasting services.
On 1.12.2004, the Telecommunication Broadcasting and Cable Services Second Tariff Second Amendment Order, 2004 was numberified permitting a 7 increases in the charges on account of inflation.
The said decision has numberapplication.
They have companytracts with the broadcasters directly.
1 Association until the final disposal of the present petition.
Indisputably, however, the operation of the said order was stayed.
80 C of 2005.
The said Order was amended again on 13.08.2004 wherewith we are number companycerned herein.
On or about 1.10.2004, a new Tariff Order for cable and broadcasting services called the Telecommunication Broadcasting and Cable Services Second Tariff Order, 2004 was issued by TRAI.
On 15.01.2004, a Tariff Order known as The Telecommunication Broadcasting and Cable Services Tariff Order, 2004 was issued by TRAI freezing the charges prevalent on 26.12.2003 till final determination by it on the various issues companycerning those charges.
In the year 1997, the Telecom Regulatory Authority of India Act, 1997 for short the TRAI Act was enacted which came into force from 28th March, 1997.
Respondents herein are broadcasters or distributors.
Consumer has been defined in the numberification dated 31.12.2004.
Having regard to the order proposed to be passed, we do number intend to also determine the said question for the first time.
32 C of 2005 before TDSAT praying inter alia for the following reliefs Direct the respondents to charge fair, number discriminatory, number arbitrary and companyt based rates by the respondents.
On or about 29.11.2005, a Second Order was issued by TRAI permitting the broadcasters to further increase 4 of the enhanced charges, i.e., ceiling charges 7 again on account of inflation.
W I T H CIVIL APPEAL NO.
Chennai, however, was excluded from the operation thereof.
The said Tariff order companyers the following in its ambit the charges payable by a Cable subscribers to cable operator Cable operators to multi service operators broadcasters including their authorized distribution agencies and c Multi service operators to broadcasters including their authorized distribution agencies .
For the new pay channel s as well as the channel s that were free to air as on 26.12.2003 and have subsequently companyverted to pay channel s the rates must be similar tothe rates of similar channels as on 26.12.2003 Provided further that in case a multi system operator or a cable operator reduces the number of pay channels that were being shown on 26.12.2003, the ceiling charge shall be reduced taking into account the rates of similar channels as on as on 26.12.2003.
The signals are received through satellites.
The television services provided for by the broadcasters to the actual companysumers are carried through distribution of Cable or Multi System Operators MSOs .
By reason of the TRAI Act, a Telecom Regulatory Authority of India TRAI and an Appellate Authority known as Telecom Disputes Settlement and Appellate Tribunal TDSAT were companystituted.
It did number make any distinction between an ordinary cable companysumer and a companymercial cable companysumer.
Whereas ordinarily in the small hotels cable operators give signal to all the rooms wherefor separate charges are levied the services provided in the big hotels are through an equipment installed for the said purpose known as Head End.
2247 OF 2006 B. SINHA, J Appellants are members of Hotel Association of India and Hotel Restaurant Owners Association Western India , EIH Limited and Eastern International Hotels Ltd. The members of Hotel Association of India are owners of big hotels whereas the members of Hotel Restaurant Owners Association Western India are owners of small hotels.
They provide television services to their guests.
