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TDSAT dismisses NBA’s ad cap case, directed to go to High Court

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TDSAT dismisses NBA’s ad cap case, directed to go to High Court

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has dismissed the case filed by the News Broadcasters Association (NBA) and other broadcasters including B4U, 9X Media and E 24 in the 10+2 ad cap issue. Now all the petitioners need to directly go to the High Court for the hearing against Telecom Regulatory Authority of India (TRAI).

The TDSAT Bench comprising Justice Aftab Alam and Member Kuldip Singh decided to dismiss the case after the Supreme Court gave its verdict on Friday, December 6,, 2013, stating that the Tribunal should not interfere in TRAI’s recommendations.

Talking to exchange4media, Saket Singh, senior advocate and Counsel for TRAI, said, “The Tribunal has given the liberty to the broadcasters to go to High Court. It is now up to them whether they want to file a fresh case or not.”

In case the broadcasters chose not to file a new case in the High Court, TRAI will then either enforce the law and switch off the signals or the Government will take some tough step and might opt to cancel their licence.

It may be recalled that TRAI had moved the Supreme Court in 2010, seeking clarification on TDSAT’s powers regarding decision on any of its regulations. TRAI had mentioned in its plea that TDSAT should not be allowed to hear appeals against its regulations and that the Tribunal can decide only against a direction, decision or an order passed by TRAI.

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