The Supreme Court of India upheld the Kerala High Court’s decision to direct the Indian Broadcasting and Digital Foundation to challenge the Telecom Regulatory Authority of India’s tariff orders before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), rather than constitutional courts. The ruling reaffirms the established legal process for telecom disputes.
New Delhi: In a significant legal development, the Supreme Court of India upheld the Kerala High Court’s decision to refuse the Indian Broadcasting and Digital Foundation (IBDF) challenge against the Telecommunication Tariff Orders issued by the Telecom Regulatory Authority of India (TRAI). The Court ruled that disputes regarding tariff orders should be addressed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), rather than being directly taken to constitutional courts.
A Bench of Justices Pamidighantam Sri Narasimha and Sandeep Mehta, hearing the appeal filed by the IBDF, emphasized that “tariff orders can be challenged before TDSAT under the regulations”. The Supreme Court dismissed the Special Leave Petition (SLP) and pointed out that while the appellants could challenge the orders before TDSAT, they were free to approach the Supreme Court later if needed. “The challenge to the regulations can come to this court at a later stage,” the Court remarked.
The case centered around the Kerala High Court’s refusal to entertain IBDF’s challenge to specific provisions of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017. The High Court had directed that such challenges should be filed with TDSAT, which is designated to address telecom disputes.
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This decision references the 2014 Supreme Court ruling in BSNL v. TRAI, which clarified the jurisdictional limitations of TDSAT. The Court took note of the fact that TDSAT cannot adjudicate on the validity of TRAI regulations but can hear challenges to the implementation of tariff orders. The Court further remarked that the issue could also be addressed through legislative means or a constitution bench, citing potential solutions to the stakeholders’ concerns in light of the BSNL (2014) decision.
While IBDF had hoped for a direct ruling from the Supreme Court, the Bench emphasized that the correct forum for the current challenge was TDSAT, under Section 18 of the TRAI Act, 1997. The Court clarified that the appellant could still approach the Supreme Court through the statutory appeal process once TDSAT renders its decision.
This ruling underscores the importance of following established legal channels for the resolution of telecom regulatory disputes, particularly in the context of the TRAI’s Tariff Orders and related regulations.
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