TRAI directs broadcasters & DPOs to comply with Interconnect rules

The Telecom Regulatory Authority of India (TRAI) has issued a notice asking broadcasters and DPOs to immediately implement the provisions of the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019, and submit the compliance report within 15 days. Failure to do so would result in action taken as per the provisions of the said regulations and TRAI Act, 1997.

TRAI had made the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019 on September 4, 2019, and all the provisions of the said regulations came into force w.e.f. January 2, 2020.

However, the provisions of the said regulations were challenged before the Kerala High Court, which, in its order dated January 9, 2020, had ordered that no coercive action shall be taken by the respondents (TRAI).

In its judgement dated July 12, 2021, the Kerala High Court had disposed of the writ petition and partially set aside the provisions of the said regulations to the extent they required registration of placement/ marketing agreements.

“Thus, all the provisions of the said regulations, except to the extent they require registration of placement/ marketing agreements, are in operation; and the service providers who have failed to comply with the same, are liable to be proceeded against, under the provisions of the said regulations and TRAI Act, 1997,” TRAI stated in its notice.

It may be recalled that for the purpose of filing data/ details pertaining to the said regulations, TRAI has developed B&CS Integrated Portal System (BIPS), which was made live on January 2, 2020.