You are on page 1of 2

(Without Prejudice)

BY SPEED POST A.D

To
The Chairperson
Telecom Regulatory Authority of India
Mahanagar Doorsanchar Bhawan.
Jawahar Lal Nehru Marg
New Delhi 110 002
Dated: __ June 2016
Subject: Tariff and Arrears Adjustment Period (TAAP) on account of 27.5 % inflation linked hike applicable
to rates of TV services at retail and wholesale levels in DAS and Non-DAS systems, vide Tariff amendment
order of TRAI Dated 31st March 2014, its subsequent appeal in the Honble TDSAT, Order of the Honble
TDSAT dated 29th May 2014, Judgement of the said Appeal(s) dated 28 th April 2015 by Honble TDSAT,
subsequent order of the Honble Supreme Court dated 4 th August 2015 that upheld the Honble TDSAT
Judgement dated 28th April 2015 and the recent Press note of TRAI issued dated 9 th May 2016, finally
withdrawing the 27.5 % inflation linked hike Tariff amendment order of 31 st March 2014.
Sir,
This in reference to the recent press note (No 28/2016) of TRAI dated 9 th May 2016. (Copy Enclosed Annexure
A) where TRAI in its wisdom and subsequent to Honble TDSAT setting aside these tariff amendment orders have
finally withdrawn the Tariff amendment order dated 31 st March 2014.
That allowed for inflationary linked hike of 27.5% in two installments. The first installment of 15% was
allowed w.e.f. 1st April 2014. Balance inflation linked hike of 12.5% allowed both at the retail and wholesale
levels. w.e.f 1st January 2015
We also bring in your kind notice the Honble TDSAT order dated 29 th May 2014 in Appeal Nos 1 (C) and 2 (C) of
2014. (Copy Enclosed Annexure B) The relevant portion of the said Honble TDSAT order clearly states:
At this stage, we are not inclined to pass any order of stay. However, we direct that all stake-holders must
keep a separate account in regard to the collections on the basis of the impugned order. It is made clear
that in case the Appeals succeed, the individual subscribers making any excess payment in terms of the
impugned order will be entitled to adjustments for the succeeding month from the respective LCOs/MSOs.
Similarly, the LCOs will be entitled to adjustments from the MSOs and the LCOs and the MSOs from the
broadcasters.
In view of the above developments and now finally TRAI withdrawing its tariff amendment orders of 31 st March
2014. We hereby inform you, that in order to make adjustments of the increased tariff payments made to the MSO
in wake of the tariff amendment order of 31 st March 2014 issued by TRAI, allowing 27.5% hike applicable to rates
of TV Services, whereas the MSO have till now, intentionally not adjusted or refunded the excess payments made
to them on account of this tariff amendment order, whereby we are now constrained to adjust the arrears accrued
Page 1 of 2

on account of the same, by observing Tariff and Arrear Adjustment Period ( TAAP) for a period of 3 (Three
Months ) w.e.f 1st July, 2016,
Where during this period of observing TAAP, for adjustment of arrears, no payments, will be made / released to the
MSO by our last mile network, till 1st October 2016.
This TAAP observed to adjust our rightful and legitimate arrears due, upon the MSO, shall not be construed as a
default in payment or non-payment of agreed / negotiated / invoiced payments due, under an interconnection
agreement entered with the MSO.in any manner or otherwise.
Statutory payment obligations towards applicable Entertainment Tax and Service Tax will continue to be fulfilled as
is, during this period of observing TAAP by our last mile network.
We are also enclosing a copy of the last paid invoice / bank statement of the payments made / released to the MSO
(Annexure C) in order to also certify here, that there are no outstanding dues payable on us as on date. Whereas
there is also no mandatory 21 days, notice of disconnection issued or served upon us, as on date, for any default in
payment or outstanding of dues.
In the larger interest of the consumers at large, we request TRAI to pass directions / advisory to the MSOs,

To not disconnect the signals, feed received by our last mile network or make any package alterations,
activations or deactivations in STBs during this crucial period of observing TAAP. For the smooth
adjustment of the increase / hike made payable by us from 1 st April 2014 till 31st May 2016.

In the pre-paid MSO business model, adequate credit should be maintained by the MSO in the system
during this period of our observing TAAP. For the adjustment of the increase / hike made payable by us
from 1st April 2014 till 31st May 2016.

In case of any discrepancy or for reconciliation of accounts by the MSO, if needed, Rendition of the
Separate Accounts kept be made in order to ascertain the discrepancy and reconciliation of the accounts.

Thanking You
Yours Truly

For _______________________ ____ ( Name of the Last Mile Network)


_____________________________ _ (Name Signature and Company Stamp)

Copy TO:
1. ____________________________( Name of the MSO ) for information
2. ____________________________ ( Name of the Association )
Page 2 of 2

You might also like