Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... making its regulation not only had taken into consideration the contractual relationship between the parties but also the public interest in the view. 29. while encouraging competition amongst the local cable operators and/or multi system operators, it seeks to enforce a level playing field. the public inconvenience was uppermost in the mind ..... of the provisions of telecom (broadcasting and cable services) interconnection regulations, 2004 (the regulation) as amended from time to time. 2. it is registered under the meaning of provisions of cable television networks (regulation) act, 1995 (the act). 3. the 1st respondent is a company engaged in the business of transmission of channels of ..... 1100 subscribers. it has not been denied or disputed that the copy of the agreement entered into by and between the parties hereto sometime in december, 2007 had not been supplied to the petitioner. 22. we fail to understand as to on what premise the first respondent herein caused disruption of supply of .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... cable tv regulation act, 1995 and as amended on 31.08.2007. this section reads as follows: notwithstanding anything contained in this section, programmes of basic service tier shall be receivable by any subscriber on the receiver set of a type existing immediately before the commencement of the cable television networks (regulation) amendment act, 2002 without any ..... and equipment corporation of india ltd. [(1984) 3 scc 316], wherein the apex court held that "one need not confine the denial of equality to a competitive evaluation between two persons to arrive at the conclusion of discriminatory treatment. an action per se arbitrary itself denies equal of (sic) protection by law." 15. ..... conferred by section 36 and sub clauses (ii), (iii) and (iv) of clause (b) of subsection (1) of section 11 of the trai act and has the effect of amending the principal regulation. section 11 (1) (b) (iv) stipulates that the functions of trai would be to "regulate arrangement among service providers of .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... petitioners are holders of ild licenses; the licensee having been granted in terms of the proviso appended to section 4 of the indian telegraph act, 1985 (the act). the said licenses were amended, whereby and whereunder the licensees were permitted to enter into agreements with the foreign operators as regards completion of half circuits in the ..... ildos. this would enable the authority to monitor the compliance of the tariff order by the service providers. however, the ildos are at liberty to offer competitive activity in the market. the choice from among all the tariff packages including the mandatory standard tariff package will rest with the buyers of iplc services. 21 ..... the future socio-economic development of india. it is therefore important that the price at which iplc services are made available to the user industries are competitively determined. standard tariff for half-circuit iplc to be mandatory 75. there are two components involved in the provision of iplc service i.e. half .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... petitioner was a partner of shri k.k. network media, is not in dispute. 19. the telecom regulatory authority of india act 1997 and the regulations framed by the regulator provide for competition. it does not encourage monopoly. it is permissible in law for a person within the meaning of the provisions of the regulations ..... . the petitioner herein is a local cable operator (lco) within the meaning of the provisions of the telecommunication (broadcasting and cable services) interconnection regulations, 2004 as amended from time to time (the regulations). 2. questioning a notice dated 12.10.2009, as contained in annexure `p to the petition whereby and whereunder inter alia ..... refused to give supply of signals of its channels to the petitioner on the aforementioned premise. it has been so held in raghu lakshminarayanan vs fine tubes - 2007(5) scc 103 wherein the supreme court of india stated the law in the following terms: 13. the distinction between partnership firm and a proprietary concern .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... subject to the applicable law. any change in the rate communicated to affiliate by star den shall automatically be deemed to be an amendment to annexure without the need for an executed amendment to this agreement. in the event of any revision in the rate brought about by any statutory authority including but not limited to ..... signals are provided through an agent or intermediary the broadcaster/multi system operator should ensure that the agent/intermediary acts in a manner that is (a) consistent with the obligations placed under this regulation and (b) not prejudicial to competition. between multi system operator and broadcaster 10.2 in non-addressable systems, the subscriber base agreed upon ..... an mso. it is for the aforementioned purpose, our attention has been drawn to the decision of the supreme court of india in star tv vs. sea - 2007(4) scc 510 wherein the apex court held as under- 15.3 the difficulty arises when the broadcaster as in the present case appoints or enters into an .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... being january-march, april-june, july-september and october-december. 9. it is accepted by the parties that whereas license fees are determined on the basis of competitive biddings and thus varies from area to area, royalty payable is a fixed and/or uniform amount. we may also notice that the government of india by a ..... marginal note has been taken into consideration as an intrinsic part of the section. in deewan singh and ors. v. rajendra pd. ardevi and ors. manu/sc/0207/2007 : air2007sc767 it has been held that the marginal note may be taken into consideration for the purpose of proper construction of the provision although there is no ambiguity. ..... parliament, but are inserted after the bill has become law'. this is not the case however. the entire act is passed by parliament and is entered, or deemed to be entered, in the parliament roll with all non-amendable components included. these components mostly remain unchanged throughout the passage of the bill. they are certainly not inserted .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... the rural and remote areas at affordable and reasonable prices. his argument is that the very purpose of establishing the uso fund, by a statutory amendment to the indian telegraph act was to provide support for basic services. he also pointed out that this is also evident by the indian telegraph rules, 2004 which envisage ..... authority had indicated that in the absence of any support, sustainability of existing wireline operations of the incumbent in rural areas could be hampered. because of intense competition in the market, bsnl as a commercial entity may not like to maintain these at high costs and net loss without any compensatory financial assistance. this ..... either october, 2003 or january 2005 and having adjusted/received adc under this regime, the appellant is estopped from impugning these regulations of february, 2006, march, 2007 and march, 2008 on the ground that adc should not be a depleting regime. 46. we now address ourselves to the contention of the appellant that while .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... is entitled to invoke the said doctrine of level playing field. we may clarify that this doctrine is, however, subject to public interest. in the world of globalisation, competition is an important factor to be kept in mind. the doctrine of level playing field is an important doctrine which is embodied in article 19(1)(g) of the ..... in respect of dth activities also. it was stated:- the judgment of this tribunal referred to above was followed by another judgment of the tribunal dated 30th august, 2007 to which i was a party. the bench delivering the subsequent judgment respectfully followed the previous judgment and i believe that both the judgments still hold the field. ..... clause 3.1 of the license and in the clause 3.1.1 of the amending order dated 31st july, 2006 cannot in my view change the legal position. the government cannot act contrary to the statutory provision contained in section 4 of the act. if it flows from section 4 that the government can issue license and charge license .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... and income from other sources for the years 2006-07, 2007-08 and 2008-09 vide our letters dated 1st april 2010 and 12th april 2010 though this information provided to dot is very sensitive from competitive point of view. we would also like to submit that the provisions of the candag act, 1971, which set out the duties and powers of ..... . the question is as to whether this tribunal can declare the said rules as unconstitutional or beyond the rule making power of the central government by the trai act, 1997 (as amended). although, the learned counsel for the petitioner have addressed us at great length in regard to the validity of the said rules, we are of the opinion ..... that as rules framed by the central government in exercise of its rule making power under section 35 of the act cannot be a subject matter of challenge before us .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... a local cable operator or another mso would be governed by the provisions of the telecommunication (broadcasting and cable services) interconnection regulation 2004. by reason of the 3rd amendment thereto made in 2006 (regulation 10 of 2006) an explanation was added to the 2nd proviso to sub-clause 3.2 thereof, which reads as under :- the ..... through his lawyer sent a reply thereto on or about 7.8.2007 wherein inter alia it was contended that it had migrated to another mso. the petitioner as noticed hereinbefore has filed the ledger account. mr. tejveer singh bhatia, ..... failure to make the payments within 15 days of the receipt of this letter by you, you shall be guilty of having committed an offence under negotiable instrument act, 1881 and you alone shall be responsible for the resultant cost and consequences of the same, of which you may please note. as noticed heretobefore, the respondent .....
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