Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Apr-25-2014
..... between them (emphasis supplied): provided further that in case a broadcaster had entered, before the commencement of the telecommunication (broadcasting and cable services) interconnection (sixth amendment) regulation, 2010 (4 of 2010), into an agreement with any direct to home operator and publishes, subsequently, its reference interconnect offer (including its modifications) ..... called œpay per view?. in the icp pack being offered by the petitioner, the whole channel is offered albeit for a short duration when the indian cricket team is participating in a cricket match and is certainly different from œpay per view? arrangement. clause 3(c) of the telecommunication (broadcasting ..... 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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Apr-29-2014
..... cellular 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/ ..... 3g spectrums, which is nothing but license under section 4 of the indian telegraph act. the petitioners before the tribunal were not among the successful bidders in seven telecom service areas and therefore, they did not get the requisite amendment in their existing licenses and consequently they do not have the required licence ..... be granted a separate uas licence for the concerned service area under the indian telegraph act, 1885. in case the successful bidder was already holding a uas license, the terms and conditions of the existing uas licence would be suitably amended. then notice inviting applications was issued on 25 february 2010 for allotting .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jan-31-2014
..... up (east) and three districts (sonitpur, nagaon and morigaon) of the assam service area. dishnet had taken out uas licences under section 4 of the indian telegraph act, 1885 for the aforesaid service areas in december, 2006 on payment of entry fees fixed under the unified access services licence guidelines, dated 14.12.2005 (that ..... on these issues and the directions relating thereto directly impact on the claims of reliance and tata for allocation of additional spectrum on the basis of their amended uas licence. 67. mr. ramji srinivasan, learned senior counsel appearing for both reliance and tata strongly submitted that the objections raised by the intervenors were ..... after fulfilling the guidelines/criteria prescribed from time to time. condition 43.5 (iv) further stipulates that government has a right to modify and/or amend the procedure for allocation of spectrum including quantum of spectrum at any point of time without assigning any reason. from reading of all the three conditions .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jan-31-2014
..... case of vodafone and bharti and cellular mobile telephone service licence in case of loop. granted by the central government to them under section 4 of the indian telegraph act, 1885. their licenses, on completion of the 20 years period stipulated therein, are due to expire at the end of november 2014. on commencement of ..... cellular mobile telephone service licence. on migration to the revenue sharing regime under the telecom policy-1999, its licence was amended vide order dated 03.04.2012 issued by dot (vas cell). clause 2(iii) of the amendment order, dealing with the period of licence and its extension, provides as under: œ(iii) period of licence: the ..... for the development of telecommunication services in the country; that the private operators, like the petitioners who were given licences under section 4 of the telegraph act made investments of thousands of crores of rupees for setting up enormous net-works reaching out to hundreds of millions of peoples and connecting them to each .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : May-02-2014
..... simple and incontrovertible. the petitioner is the holder of licence granted by the central government under section 4(ii) of the indian telegraph act, 1885. at the relevant time the respondent too held a licence under section 4(ii) of the act. it may, however, be stated at the outset that the respondents licence was one of the 122 licences cancelled by the ..... , revenue sharing, rates of space, port charges and other related issues shall be in terms of schedule 1. the aforesaid charges may be amended from time to time in case of change arising out of mutual discussions, amendment by trai or by any judicial or statutory authority. 12.2. bills for call charges will be raised by the party concerned on a .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Apr-03-2014
..... guarantees? submitted by them as stipulated in clause 21 of the unified access service licences granted to them by the union of india under section 4 of the indian telegraph act, 1885. unitech has filed twenty petitions (petition nos.700 to 719 of 2012) in respect of the twenty different service areas/circles for which the performance ..... for reckoning the œeffective date? the delay caused in allocation of spectrum would be discounted [vide paragraphs numbers (v) and (vii)]. at paragraph number (xi) the amendments further provided that on being tested, if the coverage criteria were found as having been met the coverage would relate back to the registration with the tec/term. unitech ..... of india judgement dated 29.10.2012 in petition no.450 of 2011 the tribunal yet again considered clauses 24 and 34 of the uas licence and the amendment introduced by the letter dated 10 february 2009. it also noticed the judgment of the supreme court cancelling 122 licences and the orders by which the operators .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-11-2014
..... the provisions contained in section 65 and section 70 of the indian contract act as supply of signals was not made gratuitously. in a case like this nature, the doctrine of restitution shall also come into play.? in view of the fact that ..... although an agreement in writing is required to be entered into from march, 2009 in terms of clause 4a which was inserted by telecommunication (broadcasting and cable services) interconnection (5th amendment regulations 2009), having not laid down any consequences, therefor, the local cable operators are bound to pay a reasonable amount to the distributors of the tv channel having regard to .....
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