Broadcasters in wait-and-watch mode after giving RIO deadline a miss
They are pinning their hopes on the hearing in the Supreme Court on 18th August
TV broadcasters have decided to give the deadline for filing of Reference Interconnect Offers (RIOs) under the New Tariff Order (NTO) 2.0 a miss, even as the six-week deadline put in place by the Bombay High Court expired Thursday. The broadcasters are pinning their hopes on the hearing in the Supreme Court on 18th August.
According to an official from a TV broadcasting company, the TV broadcasters have decided not to file RIOs and wait for the hearing in SC. The official is also confident that the TRAI will not take any action in haste, considering the matter is sub judice.
“IBF members will not file RIOs under the amended framework as the SC is seized of the matter. We will wait for the hearing on 18th August. I don't think the TRAI will also take any action as it might backfire on them,” the official said.
A senior lawyer said that the deadline to file RIOs will end Thursday, however, the Bombay High Court had shared the order copy one week after pronouncing the judgement. “The order was pronounced on 30th June, but the order copy was made available only a week after, so in that sense, the six-week deadline will end next week,” the lawyer said.
Won't the broadcasters be in violation of the Bombay HC order if they don't file RIOs? The lawyer said that the broadcasters will wait and watch as to what steps the TRAI will take. “If TRAI decides to take action against broadcasters for not filing RIOs, it will give broadcasters the impetus to seek interim relief from the Supreme Court,” he stated.
A senior TRAI official said on condition of anonymity that the regulator is unlikely to do anything if the broadcasters don't file the RIOs. The official is hoping for a clear picture to emerge after the 18th August hearing.
“It is not that we will pounce on them as soon as the deadline ends to file fresh RIO passes. We will behave like a mature regulator. It is for the broadcasters to decide if they want to follow the law of the land or not. If they don't file RIOs, they will be in violation of the Bombay HC order,” the official said.
While pronouncing the order on 30th June, the HC had told the TRAI to implement the NTO 2.0 after a six-week gap and not take any coercive action against the members of the Indian Broadcasting Foundation (IBF) till then. In mid-July, the IBF and other broadcasters had challenged the Bombay High Court order before the Supreme Court.
The matter finally got listed on 6th August, however, the SC bench didn't hear the matter due to voluminous petitions filed by nine different parties. Without hearing the petitions, the SC told the petitioners to file a shorter convenience compilation.
Hearing the matter, the Chief Justice of India NV Ramana expressed displeasure at the voluminous petitions filed by the broadcasters. “We can't hear 51 volumes. What is the purpose of giving 51 volumes? You want to terrorize us by filing volumes and volumes! Fifty-one volumes in one case!” he had remarked.
The IBF was expected to file the compilation before the SC on Thursday. The compilation was sent to TRAI for their views and the regulator was expected to revert on Thursday. “We will file the convenience compilation once the TRAI gives its views,” the lawyer said.
