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2019 Supreme(Ker) 261

P.R.RAMACHANDRA MENON, N.ANIL KUMAR
Cable Operators Welfare Association, Represented By Its President Naveen V. D. – Appellant
Versus
Union of India Represented By Its Secretary, Ministry of Information and Broad Casting – Respondent


Advocates Appeared:
For the Appellant : SRI. M.A. ABDUL HAKHIM, SRI. JOSEPH GEORGE (KANNAMPUZHA).
For the Respondents: SRI. P. GOPINATH MENON (SR.), SRI. JAISHANKAR V. NAIR, CGC, SMT. NAYANPALLY RAMOLA, SRI. JAI MOHAN, SRI. JOSON MANAVALAN, SRI. K. JOHN MATHAI, SRI. KURYAN THOMAS, SRI. M. GOPIKRISHNAN NAMBIAR, SRI. PAULOSE C. ABRAHAM.

JUDGMENT :

P.R. Ramachandra Menon, J.

Interference declined by the learned Single Judge in the writ petitions filed against some of the provisions of the Telecommunication (Broadcasting and Cable) Services Inter Connection(Addressable Systems)Regulations, 2017, providing for 'revenue sharing' between the Multi System Operator (MSO in short)and Local Cable Operator (LCO in short) and fixing a default revenue sharing ratio of “55:45” in the case of pay channels, if no Model Interconnection Agreement (MIA) is reached in between, thus giving effect to the terms of Standard Interconnection Agreement (SIA) is questioned in these appeals.

2. The challenge against the Regulations is mainly based on the contention that the second respondent/TRAI does not have any power to fix the Tariff as to the revenue sharing between the MSOs and LCOs; more so since the relevant provisions say that it has to be on the basis of mutual agreement. If the parties fail to enter into a mutual agreement, SIA is to be followed, which stipulates the ratio as aforesaid, that is always beneficial to the MSOs who consciously avoid negotiation to arrive at a mutual agreement, as the existing ratio of “12%:88%” stands in

























































































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