Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... having admitted that it has migrated to digi cable only in november, 2009, it is wholly inconceivable that in a place like paschim vihar where there is strict competition amongst the lcos, it could survive only on free to air channel i.e. without supplying a pay channel as alleged by it. 4) the respondent itself having ..... having not issued any notice as is required under clauses 4.2 and 4.3 of the telecommunication (broadcasting and cable service) interconnection regulation 2004 (the regulations), as amended from time to time, the contract between the parties must be held to be continuing, as a consequence whereof, the respondent is bound to pay damages to the ..... contending that although the agreement is non-existent, by supplying signal unilateraly the provisions of section 70 of the indian contract act would be attracted. f) in the event the purported agreement dated 1.10.2007 is held to be valid, the respondent is bound to pay the charges only during subsistence of the agreement and not .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... 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 ..... (operational expenses, total cost and break up of original and current cost, etc.) in the dot communication dated 16.03.2010 is not only sensitive from the competitive point of view but also falls beyond the obligation of the petitioners under the license agreement. the exercise of power by the dot vide its communication issued in ..... unreasonable and arbitrary exercise of its powers under the license. the respondent does not deny or dispute that special audit has been conducted for the years 2006-2007 and 2007-2008. by reason of the impugned letters, however, the petitioners have been asked to produce books of accounts for three years which would include the financial .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... subscribers (emphasis supplied). 13.2a.13 every direct to home operator, who, after the commencement of the telecommunication (broadcasting and cable services) interconnection (fourth amendment) regulation, 2007 (9 of 2007), opts for one bouquet or more bouquets (hereafter referred to as the opted bouquet) offered by a broadcaster, may decide the packaging of the channels ..... treated less favorably with respect to competing services on a genre basis. 10. the respondent submitted that the regulations and tariff order framed under the trai act specify the manner of offering of channels and method of calculation of the charges between the broadcaster of signals, distributor of signals and the subscribers. the ..... filed a miscellaneous application (m.a. no. 108 of 2013 in petition no. 382 (c) of 2012) under sections 19 and 20 of the trai act, 1997 for violation and contravention of the directions given by the tribunal in its judgment dated 10.4.2012. the respondent/applicant took the plea that the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... of the above as required under clause 8.1 and clause 4.1 of the telecommunication (broadcasting and cable services) interconnection regulation, 2004, as amended by the telecommunication (broadcasting and cable services) interconnection(third amendment) regulation, 2006. to the same effect a public notice was also issued on the same date. it, however, appears that a memorandum ..... accumulated. our due date is the month end and we were permitted 1 month dues to be retained. this is as per the understanding with you in july 2007. 1. as you have agreed to make monthly payments along with the schedule given this point is clarified. that is already clarified by us. 1. with reference ..... and due from the petitioner. (iv) rebate was to be granted only in the event regular payment was made and not otherwise and the petitioner having not acted in terms thereof, the question of allowing the petitioner to continue to distribute signals to the subscribers only on payment of rs.40 lakhs does not and cannot .....
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
..... 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
..... 1. hathway group has made payment to distributors in the following manner: (i) rs.5,00,000/- (rupees five lacs only) on 07/06/1999 on account of non competition clause as defined in point f.10 of this agreement. (ii) the hathway group in addition to the one time payment mentioned above will pay the distributors, 10% of all ..... this agreement. f.11 either parties may, with or without cause, terminate this agreement by giving prior written notice of one calendar month to the other party. h) amendments any modifications to this agreement shall not be effective unless it is in writing and shall be signed by a duly authorized representative of each party. in terms of the ..... and haryana high court in bhagwan dass v. bhishan chand drew a presumption under section 114 of the evidence act, 1872 against a party who did not enter the witness-box. [see also binapani paul vs. pratima ghosh and others, 2007(6)scc 100 (para 36)]. it is also of some significance to notice that the respondent had produced one .....
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
..... shall be compulsory." 19. trai also in exercise of its aforementioned jurisdiction made telecommunication (broadcasting cable services) interconnection 4th amendment regulations, 2007 which came into force with effect from 3rd september, 2007. 20. clause 13.2 refers to the reference interconnect offers for direct to home service, the relevant provisions whereof are ..... of its jurisdiction under section 36 read with paragraphs (ii), (iii) of clause (b) of sub section 1 of section 11 of trai act, 1997 (the act), made regulations known as telecommunication (broadcasting and cable services) interconnection regulations, 2004 (the regulations). 15. clause 3.2 of the regulations enshrines a ..... carrying out certain modifications in the terms was required to comply with the contractual provisions and/or statutory requirements contained in the indian contract act. 42. keeping in view the fact that by reason of the said regulations, the contractual terms are regulated, indisputably both the parties .....
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 .....
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