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No coercive action against news broadcasters: TDSAT to Trai
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  • No coercive action against news broadcasters: TDSAT to Trai

No coercive action against news broadcasters: TDSAT to Trai

FP Archives • December 20, 2014, 22:53:10 IST
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Broadcast tribunal TDSAT today directed Trai not to take any coercive action against News Broadcasters Association (NBA) and its members till further orders regarding the cap on advertisement slot per hour.

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No coercive action against news broadcasters: TDSAT to Trai

New Delhi: Broadcast tribunal TDSAT today directed Trai not to take any coercive action against News Broadcasters Association (NBA) and its members till further orders regarding the cap on advertisement slot per hour.

Passing an interim order, the Telecom Dispute Settlement and Appellate Tribunal also exempted the NBA from filing weekly report regarding their adherence to Trai’s regulation putting a cap on advertisement slots per hour.

“Till further orders Trai shall not take any coercive steps against the petitioner (NBA) or its members to follow its regulation,” said the TDSAT bench headed by its chairman Justice Aftab Alam.

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“In the meanwhile they would not submit weekly reports before Trai. They would maintain the records faithfully and submit it before the tribunal,” the bench said.The tribunal has listed the matter for final hearing on 11 November.

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TDSAT also issued notice to Trai on the amended petition filed by the NBA and directed it to file the reply, and gave time to the association to file rejoinder over it.Moreover, the tribunal orally told the petitioner to keep balance sheet ready saying “we may have to go into that”.

Counsel Anup J Bhambhani, appearing for the news broadcasters said they were having financial constraints due to Trai’s order of capping advertisement.During the proceedings, Saket Singh, counsel appearing for the Trai said that it has taken action only after finding gross violations by them.

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NBA contended that negotiation with Trai were not possible as the regulatory body had already started legal proceedings at a city court.

Trai submitted, however, the news broadcasters would have to give an undertaking they would follow its guidelines.

Trai contended that broadcasters were violating their own commitments given on 28 May. They had assured the authority that new channels would bring down the advertisement slots to 20 minutes per hour, and the entertainment channels to 16 minutes during 1 July to 30 September. From 1 October, they would come to 12 minutes per hour.

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They had also assured to file a weekly report before Trai regarding that and it was not followed by some of them. “It was a violation of their own commitments,” said Singh.

However, Bhambhani denied of any such assurances by NBA. Yesterday, TDSAT had expressed displeasure over Trai’s move to prosecute the broadcasters at a city court by observing: “We are somewhat surprised at the sudden and drastic action taken by the Trai”.

Chief Metropolitan Magistrate Vidya Prakash had issued summons to 14 broadcasters on Trai complaints on the issue of capping advertisements.Shortly after issuing of summons by the city court, the television channels had approached TDSAT against Trai’s action.

The city court has issued notices to the broadcasters for September 25 and 26 over Trai’s complaint.

Trai had in its complaint said the broadcasters have been violating the Trai regulations which limit the time of advertisement during one hour of programme to 12 minutes.

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