Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... fixation affects not only the consumers but also the entire distribution chain i.e., cable operators, msos and broadcasters. the very preamble to the trai act reads as follows: "to provide for the establishment of the telecom regulatory authority of india and the telecom disputes settlement and appellate tribunal to regulate the ..... ii), (iii), (iv) and (v) of clause (b) of sub-section (1) and sub-section (2) of section 11 of the telecom regulatory authority of india act 1997 (24 of 1997), read with notification of the government of india, in the ministry of communication and information technology (department of telecommunication), no. 39, -- (a) ..... investors confidence and to create a level playing field between the public and the private operators, suitable amendment in the telecom regulatory authority of india act, 1997 was brought about and under the amendment, a tribunal was constituted called the telecom disputes settlement and appellate tribunal for adjudicating the disputes between .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... (ii) notwithstanding anything contained in the terms and conditions of the license granted before the commencement of the telecom regulatory authority of india (amendment) act, 2000, (the authority shall) fix the terms and conditions of interconnectivity between service providers;". according to the counsel for appellants, the presence of ..... emissions, radio waves or hertzian waves, galvanic, electric or magnetic means." the definition of the term telecommunication service in section 2 (k) of the trai act reads as follows: telecommunication service means service of any description (including electronic mail, voicemail, data services, audio tex services, video tex services, radio ..... the government, the authority has itself issued the impugned regulations without any power to do so. it is also their contention that under the trai act, 1997, trai has been constituted for the regulation of telecommunication services and that domestic leased circuits (hereinafter referred to as dlc) do not .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... .a. no. 1214/2005 dated 15.6.2005 that this court left the matter to be settled by the tribunal under section 14 of the telecom regulatory authority of india act, 1997. thereafter, the petitioner filed a writ appeal being w.a. no. 1655 of 2007 against the order dt. 18.6.2007 which was dismissed by the learned division bench ..... by this petition the petitioner, a company registered under the companies act, 1956 as an it company has sought relief against the demand raised by the respondent for the lease charges of a 2 mbps data circuit from its premises at kollam .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... be considered to be discriminatory as they stand in a different class altogether and the classification made between government companies and others for the purpose of the act is a valid one." accordingly, the supreme court observed that in our opinion, the high court in that case has not considered the various judgements ..... argued that subscriber linked criteria cannot be applied with retrospective effect and that the legal principle of retrospectivity is that it cannot be read even into an act unless it is specifically expressed or very clearly implied. the counsel pointed out that it is just not available for subordinate legislation, let alone executive orders ..... of technology neutrality was introduced and the terms and conditions of licences were to be applicable to all licensees equally. 17. in january 2000, the trai act was amended, specifying the powers and functions of trai. tdsat also came into being pursuant to this amendment. 8. in january 2001, guidelines were issued for .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... telecom regulatory authority of india is to ensure effective compliance of universal service obligation. the counsel further pointed out that according to section 2 of the trai act, it is open to the authority to notify different rates for different persons or class of persons for different telecommunication services. the counsel further referred to ..... section 3(1) and (1a) of the indian telegraph act, 1995, introduced by act 8 of 2004 (with retrospective effect from 1.4.2002) which speaks of the obligation to provide access to telecommunication services to people in the ..... 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 that the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... regulatory authority of india (trai) in purported exercise of its jurisdiction under section 11(1) (a)(ii),(iii) and (iv) of the trai act, 1997 (the act) made the telecommunication interconnect regulations (the regulations). the petitioners have filed these petitions inter alia praying for the following reliefs : i) declare and ..... that behalf in 2004, the central government included the broadcasting services within the purview of the definition of telecommunication services. part of the act contained provisions relating to powers and functions of trai. we are concerned with the following provisions thereof:- provided further that the central government shall seek ..... to consider the respective submissions made by the learned counsel for the parties, we may notice the provisions of the relevant statutes. the telegraph act was enacted in the year 1885 wherein telecommunication services has been defined in section 2(1)(k) thereof in the following terms:- telecommunication service .....
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..... . (2) where the writing containing thee acknowledgement is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the indian evidence act,1872 ( 1 of 1872), oral evidence of its contents shall not be received. explanation - for the purposes of this section, - (a) an acknowledgment may be sufficient though it omits to ..... no statement was made to the effect that the aforementioned letter dated 28.3.06 does not amount to acknowledgement within the meaning of section 18 of the indian limitation act, 1963. the said provision reads as under:- 18. effect of acknowledgment in writing - (1) where before the expiration of the prescribed period for a suit or application in respect or .....
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..... conditions of the tender. the petitioner was asked to commence the work within 7 days and from the date of receipt of letter of intent. before, however, the petitioner could act in terms thereof, the aforementioned m/s modent antena pvt. ltd. and m/s ortel communications pvt. ltd. filed two writ petitions before the high court of orissa. indisputably, an .....
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..... vs. bsnl (disposed of on 29.9.2010), it would have said so explicitly. the term `interconnection has not been defined under the 1995 act, 1997 act or the regulations. although, not very relevant; we may notice the said term has been defined in `the register of interconnect agreement (broadcasting of cable ..... (broadcasting and cable services) interconnection regulations, 2004 made by trai in terms of section 11 (1) (b) of telecom regulatory authority of india act, 1997 (the act). whereas in an addressable system, the number of subscribers obtaining signals from the operators is known to the broadcasters, in non-addressable system it is ..... of their revenue; (iii) revenue should be derived from the telecommunication services telecommunication service has been defined in sec. 2 (1) (k) of the said act to mean: "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio text service, video text services, radio paging and cellular .....
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..... , along with which the following documents were annexed : (i) memorandum and articles of association; (ii) certificate of incorporation; (iii) registration certificate under cable network regulation act; (iv) registration certificate issued by customs and excise authorities for service tax; (v) list of proposed cable operators and subscribers connected; (vi) address proof of the ..... exercise of its power conferred upon it under sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section 1 of section 11 of trai act, 1997 (regulations). 19. regulation 2 contains the interpretation clause. 20. cable service has been defined in clause 2(h) to mean transmission by cable programs including ..... in regard to other areas and in particular, delhi and u.p. another interesting feature also deserves our attention. according to the petitioner, the respondent is acting malafide as den network ltd. has almost a monopoly in kanpur. 59. mr. ajay gupta in his evidence although has accepted that he has been .....
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