MIB and DTH operators licence fee case transferred to Supreme Court from Kerala HC
The respondents in this case are Sun TV Direct, TRAI, Videocon D2H LTD, M/s Bharti Telemedia Pvt Ltd and Independent TV Ltd.
In an order passed by the Supreme Court, the case Union of India Vs Sun Direct TV Pvt. Ltd & ANR ETC, has been shifted to the apex court from the High Court of Kerala.
The order reads, ‘Having heard the learned counsel for the parties and gone through these transfer petitions filed under Article 139A of the Constitution of India and considering the facts and circumstances of the case, we deem it fit and proper to transfer the matters mentioned in Prayer (a) of the Transfer Petitions from the High Court of Kerala at Ernakulam to this Court.’
DTH players are mandated to pay 10 per cent of their gross revenues in terms of annual license fee.
Other respondents, in this case, are TRAI, Videocon D2H LTD, M/s Bharti Telemedia Pvt Ltd and Independent TV Ltd.
In a letter to TRAI chairman last year, Jawahar Goel, Chairman and Managing Director of Dish TV India, had said, “With the implementation of the new regime, the role of the digital platform operator (DPO) shall become limited to the extent of a pipe/network through which channels/bouquets will be offered to the consumers….all the DPOs including DTH operators will act as mere collection agent of the broadcasters”. With regard to subscription charges, Goel added that, therefore, subscription charges should be excluded for calculation of adjusted gross revenues for the purpose of levying license fee.
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