TDSAT gives IBDF four weeks to reply in WAVES dispute, hearing on July 14

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on Friday directed the Indian Broadcasting and Digital Foundation (IBDF) to file its reply within four weeks in the ongoing dispute surrounding Prasar Bharati’s OTT platform WAVES, while scheduling the next hearing in the matter for July 14.

The latest development comes as the legal battle over the streaming of linear television channels on OTT platforms continues to intensify, with broader questions emerging around the regulatory treatment of internet-based distribution of TV content.

The matter stems from a petition filed by the All India Digital Cable Federation (AIDCF), which has challenged Prasar Bharati’s move to onboard linear satellite television channels on its OTT platform WAVES. AIDCF has argued that such distribution falls outside the framework permitted under the Uplinking and Downlinking Guidelines, 2022, and could disrupt the economics of licensed cable and DTH distribution networks.

During earlier proceedings, IBDF had strongly backed Prasar Bharati’s position and argued before TDSAT that AIDCF was effectively attempting to regulate OTT services through a broadcasting distribution dispute.

IBDF had submitted that OTT platforms operate over the open internet and are not classified as “distribution platform operators” (DPOs) under the existing TRAI framework. The broadcasters’ body relied on TRAI’s 2017 Tariff and Interconnection regulations, where the regulator had declined to bring OTT services within the scope of traditional broadcasting distribution regulation.

According to IBDF, permitting AIDCF’s arguments would indirectly expand TDSAT’s jurisdiction into the OTT domain despite OTT services operating under a separate legal and regulatory framework.

Prasar Bharati had also defended WAVES before the tribunal, arguing that the platform merely distributes content through valid commercial agreements with broadcasters and content owners. The public broadcaster had earlier informed TDSAT that the platform had onboarded 88 content providers and channels through formal arrangements.

The broadcaster further argued that WAVES does not participate in the conventional uplinking or downlinking chain governed under broadcast distribution regulations and therefore cannot be equated with traditional cable or DTH operators.

AIDCF, however, has maintained that onboarding linear television channels on OTT platforms creates a regulatory imbalance. The federation has argued that while cable and DTH operators function under a heavily regulated licensing structure, OTT platforms are able to distribute similar linear television feeds without equivalent compliance obligations.

The cable operators’ body has also expressed concerns that free or low-cost streaming of linear television channels on OTT platforms could accelerate subscriber erosion in the pay-TV ecosystem, especially in smaller markets where consumers identify strongly with traditional television channel brands.

The dispute is increasingly being watched closely across the broadcasting and digital media industry because of its potential implications for the future convergence of television and OTT distribution in India.

Industry executives tracking the proceedings said the eventual outcome could influence future policy discussions around FAST channels, internet-delivered linear television services, broadcaster distribution rights and platform-level regulation for streaming services.

The matter will now come up for further hearing before TDSAT on July 14.