Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... ceiling, which will compel the msos and cable operators to pass on the financial benefit of the subscribers; and that the growing competition from dth operators will act as a further check to ensure that the benefits are passed on to subscribers by the msos and cable operators. para 3. ..... and pay programme services were not regulated. since 1996, small cable operators were not regulated while others were regulated only subject to effective competition not existing; effective competition was clearly defined. since the year 1999, however, even the commission's authority to regulate the rates of cable programming services was terminated ..... this order shall be called the telecommunication (broadcasting and cable) services (second) tariff (eighth amendment) order, 2007. . 37. the powers and functions of the 1st respondent, the telecom regulatory authority of india, are given in chapter iii of the trai act. section 11(1) (a) refers to the functions of the authority to make recommendations, .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... market and that even though the authority itself favors forbearance as the best option. the authority has wrongly prescribed, in the name of lack of effective competition, a ceiling on the rates that can be charged by the msos and lcos from the subscribers. it was alleged that all these stipulations would cause ..... not the one envisaged under section 11 (2) of the act, under which it has issued the impugned order. we finally held as follows:- with these findings, we set aside the telecommunication (broadcasting and cable) services (second) tariff (eighth amendment) order 2007 dated 4.10.2007 of the telecom regulatory authority of india. we direct the trai ..... not been fulfilled? (c) whether instead of fixing tariffs as stipulated in the trai act, the order is only in the nature of interim order resulting in freezing of prices? (d) whether trai had wrongly concluded that adequate and effective competition in the market is lacking, despite clear evidence of substantial growth? (e) whether the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... licences (nld/ild etc.) also. 3. trai is requested to furnish their recommendations in terms of clause 11 (1) (a) of trai act 1997 as amended by trai amendment act 2000, on the issue of limiting the number of access providers in each service area and review of the terms and conditions in the access ..... ltd, the 3rd respondent, in its counter affidavit alleged that the petition has been filed with mala fide intentions of perpetuating the petitioners monopoly, preventing competition and is unfairly questioning the policy decision of the government which has been arrived at through a multi-level decision-making process. according to the respondent, ..... tel:23716874 fax: 23372201 21. in order to deal with the above issues, the telecom regulatory authority of india issued a consultation paper on 12.6.2007 setting out various issues for consultation and seeking the views of various stakeholders thereon. after receiving comments and holding open house discussions, the authority gave its .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... to regulate the number of tariff packages offered by the access provider, in view of the dynamic situation in the market on account of intense competition. the purpose for which, this amendment in the tto has been issued, is laudable and, is in the interest of the subscriber, however, the instructions of the licensor and the ..... was kept in a separate bank account and the same was intimated to the respondent by appellant. the appellant stated that, since the direction dated 2nd feb, 2007, nothing was heard from the respondent for about a year, and suddenly the respondent has issued another direction namely the impugned direction dated 18.1.2008 calling ..... completed the six months duration in a particular tariff plan. this classification is well within the powers of the respondent under section 11(2) of the trai act. the intention of making such classification is to protect the interest of the subscriber in a multi-operator scenario, offering several options, which requires a concerted effort .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... we also hold that trai does not have any power to override or amend/modify/add to the licence conditions and that the domestic leased circuit regulations, 2007 are violative of the provisions of the telecom regulatory authority of india act 1997. 51. the fourth contention of the appellants in matters relating to ..... what is offered by the operators nearest to his premises. the authority intends to release consultation papers on measures that could be taken so that competition in this space is further promoted. these measures include: interconnect of operators for provisioning of multi-operator leased circuits introduction of reselling of bandwidth ..... counsel for respondent also argued that it would be totally misconceived to state, as contended by the counsel for appellants, that all measures to facilitate competition and promote efficiency and operationalise telecommunication services so as to facilitate growth in such services should be only by way of recommendation and that there cannot .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... should have been considered on separate principles in as much as having regard to the provisions of the sports broadcasting signals (mandatory sharing of prasar bharti) act, 2007, no exclusivity can be maintained as the contents of a sports channel is required to be shared with prasar bharati and having regard to the fact that ..... ), video gaming, teleshopping, broadband with additional features such as epo (electronic programme guide). he would derive value for his money with enhanced quality of service through competition among operators/platforms. there is neither any doubt nor any dispute that dth operators have about 20 million viewers, at present, with the number increasing everyday. according ..... operator and the broadcaster and the local cable operators. we may also notice that in terms of clause 13.2a.11 of the 2004 regulations as amended by 5th amendment regulations 2009 which has come into force on 17.03.2009, such a clause had been inserted. there cannot, therefore, be any doubt or .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... requested the trai to mediate in regard to their disputes and differences. by reason of the same, the parliaments intent, as reflected in the amendment of 1997 act in the year 2000 has not been sought to be nullified. when such an alternative disputes redressal mechanism is resorted to and a party not only ..... in its recommendations as regards limited mobility services through hand held sets in the access network by basic service providers, observed : 20. to ensure fairer competition and at the same time to ensure services at affordable rates, the group is of the view that the present revenue sharing arrangement between fsps and long ..... realized in the market place due to the extreme severity of competition featuring four cellular players and at least 3 wll(m) players who are offering a competitive mobile service. we would also respectfully submit that it is the regulatory regime regarding extent of competition, interconnection costs etc. which has prevented the cellular operators from .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... gsm spectrum 10-sep-2008 shyam application for dual tech (punjab circle) 7-aug-2006 issuance of in principle approval 18-oct-2007 payment of entry fees 12-dec-2007 amendment to uas licence 15-jan-2008 submission date of application for gsm spectrum 17-jan-2008 allocation of start-up gsm spectrum 23-dec ..... 106. the trai, in its recommendations considered the comments of the stakeholders as also technological developments throughout the globe vis-a-vis the necessity to encourage competition amongst the commercial entrepreneurs. it furthermore looked to the rules and regulations prevailing in some other countries and making them available in indian scenario. 107. some ..... in mind a particular fact situation not to part with its privilege by granting licence in terms of the proviso appended to section 4 of the indian telegraph act, 1885. an existing licensee shall, however, stand on entirely different footings. 91. there exists a clear distinguishing feature between an existing licensee and the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... by the high court or tribunal as per the law in force; in accordance with the provisions; more particularly sections 391 to 394 of companies act,1956 the matter relating to competition has been dealt with in clauses 1.4 (i) and 1.4 (ii) which read as under: (i) any changes in share ..... receipt of the successful bid amount, the dot (wpc) shall issue a letter of intent allocating the frequencies to the successful bidder (allocation of frequency); - necessary amendments to enable use of frequency allocated by wpc for provision of services under applicable license (including migration to isp- category a licence, if applicable) shall be made ..... therefor could be filed even at a later stage. (xvi) the petitioner having not violated any eligibility condition per se the respondent could not have refused to amend the licensees. mr.vaidyanathan, learned senior counsel supplementing dr. singhvi submitted:- (a) the petitioner having stood qualified and having not been found to be disqualified .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... as noticed heretobefore, applied for grant of licence in terms of section 4a of the 1995 act as amended in year 2002 for permission to set up a headend in the sky, which reads as under :- the cable television networks (regulation) amendment act, 2002 has mandated the transmission of programmes through addressable system for pay channels. there are ..... regulation 57. whether a policy frame work submitted by the trai, by reason of its recommendations dated 17.10.2007, would be a regulation within the meaning of the provisions of the trai act, 1997 or the 1995 act, as amended in the year 2002, is the question. 58. a broad policy frame work stricto sensu may not be a ..... valuable right. in the public interest only, the guidelines will be implemented viz. for the purpose of securing consumer interest and for generating a room for adequate competition and systematic growth of the country; (viii) the petitioner would be entitled to obtain a benefit thereof at the time of his licence gets extended by .....
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