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
..... 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
..... 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
..... 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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... . (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 .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... cannot indirectly pressurize the respondents herein and/or any other lco to place the channels on higher frequencies. 9. the question which arises for consideration is as to whether the acts on the part of the respondents a deliberate one, which according to the petitioner has been resorted to for the purpose of acquisition and distribution of the stbs. the regulator ..... other hand, submits that the complaint made by the petitioner in terms of its letter dated 23.8.2012 which was received by it on 27.8.2012, has been acted upon and the respondents have been asked to submit their comments thereupon in terms of a letter dated 29.9.2012, whereto only den network had responded. 5. mr. bhatia ..... the report of the becil. let a copy of this order be sent to the managing director of becil with a request to him to depute a suitable person to act as a commissioner. .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... from principles of statutory interpretation by justice g.p.singh 11th edition page 497, which is to the following effect: thus to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation, to pending proceedings for determination of compensation for acquisitions ..... the government of india or by any court of law. (vii) the central government could not have inserted a clause for imposition of penalty unilaterally nor act pursuant thereto or in furtherance thereof without affording an opportunity of hearing to the petitioners. (viii) having regard to the provision contained in sections 20( ..... the amended licence agreement being compensatory in nature must be held to be contravening the provisions of section 73 and section 74 of the indian contract act. (vi) the intent and purpose of introducing the penalty clause being to safeguard willful misdeclarations or under-declaration of revenue or fraudulent concealment of more .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... with lac less than 10 digits is due to the calls originated from isdb pri numbers connected to epabx lines in siemens switch of m/s bal. m/s bal bso have neither brought this fact to the notice of bsnl at the time of routing such calls nor have taken permission from bsnl for routing ..... or levy was contemplated by reason thereof. in fact the dot has no jurisdiction in this behalf having regard to the provisions contained in section 11 of trai act. it, moreover, does not contain any revenue generating provision. the central government issued the aforementioned instructions which were found to be necessary primarily for safeguarding the security ..... were raised on the aforementioned basis every month. 23. telecom regulatory authority of india(trai) in exercise of its power conferred upon it under section 11 of the act made regulations known as telecommunication interconnection usage charges regulations 2003 (the said regulation), which came into force w.e.f. from 01.05.2003. the said .....
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