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
..... 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 .....
Tag this Judgment!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
..... 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
..... management and control sometimes are interchangeable. it may mean: management is defined as government, control, superintendence, physical or manual handling or guidance, the act of managing by direction or regulation, or administration; as the management of a family, or of a household, or of servants, or of great enterprises, or ..... proviso can be added taking away jurisdiction of tdsat except mrtp, individual consumer disputes and dispute falling under section 7b of the indian telegraph act, 1885. even otherwise jurisdiction of arbitration is barred by necessary implication. provisions of section 89 of the code of civil procedure has no application ..... qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... be founded on facts and figures. to that extent, we hold that the exercise carried out by the authority is 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 ..... follows:- in the light of this, we conclude that the impugned tariff order is not an exercise in tariff fixation as is ordained by section 11 (2) of the act, in so far as it relates to fixing the prices as on 1.12.2007. similarly there is no cogent explanation for adoption of 4 % as the rate of ..... contention that the order is without jurisdiction, perverse and arbitrary and has been issued withoutfollowing the requirements of transparency as ordained in section 11 (4) of the trai act. it is also stated that the provisions of the impugned order are at variance with the issues raised in the consultation paper dated 21.5.2007 issued by the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... which are those villages and with are the villages surrounding of those two mandals in respect whereof allegations have been made by respondent that it had been committing acts of piracy, has not been established. 73. more significantly, as to whether any agreement entered into with another broadcaster shall be treated to be evidence to construe ..... c of 2009 and not during currency of the said petition. it is otherwise in absence of any certificate as required under section 65b of the indian evidence act is inadmissible in evidence. 46. the short question, which arises for consideration in this petition, is as to whether the parties hereto had in fact entered into ..... a fact in issue or a relevant fact. this tribunal must examine issues arising in the petition as also the application in the context of the indian evidence act as also the cpc. the petitioner cannot be permitted to file application after application, after the cross examination of the partys witnesses are over. this application .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... validity and/or legality of the regulations is not in question. what is in question herein is its implementation. in terms of the provisions of the act, trai, as a regulator, while exercising its functions, is not only required to ensure technical compatibility and effective interconnection between different service providers, as contained ..... sufficient improvement in the matter of meeting quality parameters. the questions which, therefore, arise for our consideration in this appeal, are: 1. whether trai acted illegally and without jurisdiction in issuing the impugned direction? 2. whether the impugned show cause notices are vitiated in law and would amount to an ..... this appeal. the first appellant is an association of cellular operators. respondent nos. 2 to 8 are the companies incorporated and registered under indian companies act, 1956 having their respective offices mentioned in the cause title of the appeal. they carry on their business in telecom services having been granted licences .....
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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... is a public sector undertaking. it applied for and was granted a license for carrying out nld operations in terms of section 4 of the indian telegraph act, 1885 (the act). it also was granted isp registration certificate. in terms of the said certificate only sum of re.1.00 only was to be paid. it is ..... the government has the exclusive privilege of establishing, maintaining and working of a telegraph (in this case, telecommunication). therefore, this right conferred under section 4 of the telegraph act is confined to establishing, maintaining and working of a telecommunication. the scope of the licence does not go beyond the three activities mentioned therein. proviso to that ..... with the amount which was to be paid by the ip registration holder. its activities thereunder were not the activities of a licensee under the 1885 act. the respondent has filed a reply wherein a contention has been raised that the communication dated 19.4.2011 has been issued on account of the outstanding .....
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