Singh & Singh has been involved in the telecommunication and broadcasting industry since the inception of these sectors in India. Our team brings years of experience across diverse legal domains, including:
Telecom and Regulatory: Licensing, Spectrum Management, Interconnection, Regulatory Compliance, Dispute Resolution
Broadcasting & Cable: Advising broadcasters, MSOs, and DTH operators on licensing, content regulation, and compliance
Litigation and Arbitration: Representing clients before various courts and tribunals, including the Supreme Court of India, Delhi High Court, TDSAT, and DIAC
Singh & Singh stands as a recognised leader in India's complex and ever-evolving field of telecommunications and broadcasting law. With a deep-rooted understanding of this dynamic sector, the firm provides unparalleled legal counsel and representation to a diverse clientele.
The firm's litigation prowess is a cornerstone of its success. Singh & Singh's advocates are seasoned litigators, regularly appearing before the Supreme Court of India, Delhi High Court, Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and other judicial bodies across the country. They have a proven track record of securing favorable outcomes in landmark judgments, shaping the legal landscape of the telecom and broadcasting sectors.
- ●Representing broadcasters and distribution platform operators before adjudicatory forums
- ●Advising on the latest regulatory development and helping stakeholders navigate the ever changing and over regulated telecom and broadcasting industry
- ●Representing the stakeholders in challenging the vires of regulatory enactments
- ●Vetting of agreements of players in the telecom and broadcasting industry
- ●Assistance in obtaining registration as an MSO, DTH operator, broadcaster etc. with the relevant statutory authorities
Some highlights of the firm's over two decades of experience in the telecommunication and broadcasting sector include: Representing Bharat Sanchar Nigam Limited (BSNL), a major telecom service provider, in a wide range of legal and regulatory matters. Providing comprehensive legal services to prominent broadcasters, MSOs, and DTH operators, including industry giants like Muthoot Broadcasting Ltd., Entertainment Network India Ltd. (ENIL), and Zee Entertainment Enterprise Ltd. Successfully representing clients in arbitration proceedings at the Delhi International Arbitration Centre (DIAC), such as Procall Ltd. (Essel Group Company).
Landmark Cases
Some landmark cases where the Firm was involved:
Nodia Software Technology Park Ltd. vs. Media Pro Enterprise and Nodia Software Technology Park Ltd. vs. Taj Television India
B.P. No.295/2014 & B.P. No.526/2014Singh & Singh represented Nodia Software Technology Park Ltd.
The Ld. TDSAT held that broadcasters such as ZEE, STAR cannot discriminate against the Distribution Platforms Operators (DPOs) based on technological differences when offering commercial terms. DPOs were entitled to demand the same rates offered to their competitors. This judgment significantly impacted the broadcasting sector, forcing broadcasters to revise their existing agreements to comply with TRAI regulations and ensure parity in the industry.
Star India vs Department of Industrial Policy and Promotion & Ors.
(2019) 2 SCC 104Singh & Singh represented Star India
TRAI issued new Interconnection Regulations and a Tariff Order in 2017, aiming to regulate pricing in the broadcasting sector. Star India contested these regulations in the Madras High Court, arguing that TRAI overstepped its bounds by setting tariffs for content under copyright law. Facing the defeat in the High Court, Star India preferred an appeal before the Hon'ble Court, seeking quashing of certain. The Hon'ble Supreme Court upheld TRAI's authority, emphasising its role as a public interest regulator. The Court ruled that TRAI's mandate to ensure a level playing field in the broadcasting sector superseded copyright concerns in this instance. This case clarified TRAI's power to regulate television channel pricing, even when it touches upon copyright issues, to protect public interest and maintain fair competition in the broadcasting industry.
Total Telefims Pvt. Ltd. vs Prasar Bharati & Anr.
Judgment dated 16.12.2008 passed by the Ld. TDSATSingh & Singh represented Total Telefims Pvt. Ltd.
The TDSAT determined that Prasar Bharati even though being a statutory body under the Prasar Bharati Act 1990, is a licensee and thus falls under the TRAI Act. This judgment established that Prasar Bharati, despite its unique status, is subject to the jurisdiction of the TDSAT and must comply with TRAI regulations.