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
..... as under: 13.2a.1 every broadcaster, providing broadcasting services before the date of commencement of the telecommunication (broadcasting and cable services) interconnection (fourth amendment) regulation, 2007 (9 of 2007) and continues to provide such services after such commencement shall, within ninety days from the date of such commencement, intimate to all the direct to home ..... alternative to cable tv. it is modern technology. in order to compete with cable it has to operate on a level playing field as far as possible. competition has to be encouraged because it is in consumer interest. the words popular content become relevant and important in this context. the judgment of tdsat in ..... the impugned order. the question which is required to be taken into consideration is as to whether in exercise of its jurisdiction under section 14 of the act can this tribunal direct payment of the amounts said to be due to the respondent herein for the months of june, july, august and september, .....
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
..... 55. could it be done? admttedly, the matter is governed by telecommunication (broadcasting and cable) services (2nd tariff) (8th amendment) order 2007 (no.3 of 2007), which came into force with effect from 04.10.2007. the said order was, however, set aside by this tribunal. the matter has been taken to supreme court of india, ..... and service providers of the broadcasting services and cable services, or promote and ensure orderly growth of the broadcasting services and cable services, or facilitate competition and promote efficiency in the operation of broadcasting services and cable services so as to facilitate growth in such services. the manner, in which the ..... . while passing the order dated 30.04.2010 the interest of the respondent had been safeguarded. we have held heretobefore that the respondent no.1 acted in undue haste in issuing the impugned notices. in commercial transactions wherein the broadcasters are statutorily obligated to supply continuous signals, subject of course to .....
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
..... . tdsat is a creature of a statute. its jurisdiction is also conferred by a statute. the purpose of reation of tdsat has expressly been stated by parliament in the amending act of 2000. yet again in hathway media vision pvt ltd v. spider cables, petition no. 99(c) of 2009 disposed of on 28th may, 2009, this tribunal opined ..... authorised or permitted without prior approval of imc and the distributors were to be responsible to ensure compliance of the same. (i) to cooperate and ensure efficient and competitive provisions of any other value added service which may from time to time be introduced by imc (j) advance petitioner's business in cable television (k) protect its ..... negative covenant contained therein was much more wider and not merely as money collecting agents. 8. the respondent no.1, city cable in its letter dated 01.03.2007 has described the operators as our operators on the premise that the same were the distributors operators and not the petitioners operator. 9. a mou was .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... policy and the recommendations received by the government. this policy was in the context of governments effort to increase the teledensity and reduce tariffs through increased competition thereby extending the reach of telecom services to all sections of society. there is no doubt that this policy has paid rich dividends and today, india ..... and tata on the other hand were initially basic service operators. in pursuance of the decision of dot dated 17.10.2007, they were given permission for use of dual technology? following which amendments were made in their uas licences and they were allocated dual spectrum? under the same uas licence. then only they started ..... of the pleas taken in the reply. mr. vishwanathan laid great stress on the issue of exclusive privilege. he submitted that section 4 of the telegraph act provides that the central government shall have the exclusive privilege of establishing, maintaining and working telegraphs. but it can part with the privilege in terms of .....
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
..... of refusal of broadcaster to give reduction in subscription fees being claimed due to large scale migration of operators competition of dth operators and on account of financial unviability of business wit espn software private limited for the following ..... the period prescribed under clause 8.1 of the telecommunications (broadcasting and cable services) interconnection regulations, 2004 as amended from time to time. it is furthermore not in controversy in view of the admission made by petitioner itself ..... but only makes the meaning clear beyond dispute. see also southern petrochemical industries co. ltd. v. electricity inspector and etio, (2007) 5 scc 447 nirman and associates private ltd. v. espn software india pvt. ltd. and ors., petition no. 187( ..... directed to be made after 28.12.2010. the statute the parliament enacted the telecom regulatory authority of india act, 1997 (the act), inter alia to protect the interest of the service provides as also the consumers of the telecom sector, .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... mobile telephone service licensees/unified access service licensees. further, trai can also prescribe tariffs/charges for such facilities within the provisions of trai act, 1997 as amended from time to time.? clause 2.2 provides that in addition to the services enumerated in that clause the licensee cannot provide any service ..... this type of roaming is generally not allowed unless under very specific circumstances and strict regulatory scrutiny. it is, however, employed to create a more competitive market when a new operator is assigned a mobile telephony license, by allowing the new entrant to offer coverage comparable to that of established operators ..... 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 .....
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