Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
The Petitioner has filed the present petition against the order of the Respondent dated 28.12.2012 wherein the Respondent has levied One Time Spectrum Charges (OTSC) for spectrum held by the incumbent telecom service provider. Further, the Respondent has demanded an amount of Rs.3,599.40 crores from the Petitioner as OTSC by its order dated 08.01.2013. 2. It is seen that by its order dated 28.12.2012 the Respondent has levied OTSC by invoking the power conferred by Section 4 of the Indian Telegraph Act, 1885 for GSM spectrum held in 900 MHz and 1800 MHz by Telecom service providers in terms of the following :- (i) For spectrum holding above 6.2 MHz (GSM) rates applicable for the period 01.07.2008 to 31.12.2012 shall be as per Schedule of rates given in Annexure. (ii) For spectrum holding above 4.4 MHz (GSM), one time charge shall be effective from 01.01.2013 as per Schedule of rates given in Annexure Licensees may surrender spectrum beyond 4.4 MHz if they do not wish to pay the charge....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
These petitions have been filed on the basis that the Petitioner has completed its first and 2nd phase roll out obligation and is, therefore, entitled to release all Performance Bank Guarantees in respect of UP (E) and Madhya Pradesh circles. The Petitioner further submitted that it has completed its roll out obligation in respect of Mumbai circle and therefore entitled for refund of the PBG. The Petitioner has filed this Miscellaneous Application on receipt of a communication dated 3.1.2013 from the Respondent wherein the Petitioner was directed to furnish the extension of PBG for a minimum period of one year on or before 7.1.2013 failing which action as per licence agreement including invocation of bank guarantees will be initiated without any further notice. 2. Aggrieved by this communication of the Respondent, the Petitioner has filed these applications with a prayer to pass an appropriate order restraining the Respondent from taking any coercive steps vide communication dated 3.1....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
The Petitioners have filed miscellaneous applications to pass an order that there is no obligation on the part of the Petitioner to renew the Performance Bank Guarantees and financial bank guarantees for any of the service areas. It has also prayed for restraining the DoT from taking any coercive steps qua renewal of the Performance Bank Guarantees and Financial Bank Guarantees, including but not limiting to, invocation and/or encashment of the same. The Petitioner had filed main petition in respect of 21 service areas for release of bank guarantees both performance and financial bank guarantees, repayment of liquidated damages and seeking the compensation for cost and expenses incurred by the Petitioner etc. against the Respondent. On 12.9.2012 this Tribunal had issued order for reduction of performance bank guarantees for West Bengal to the extent of 50% and other petitions are pending for final hearing. 2. According to the Petitioner the licenses of the Petitioners were cancelled an...
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
The Petitioner has filed these petitions to declare as null and void, the agreement dated 10.11.2012 for payment of 10 paise per sms as SMS Termination Service entered into between the parties. According to the Petitioner, it was coerced into signing the impugned Agreement by the Respondents who threatened to disconnect the SMS termination services by virtue of their dominant position. 2. By way of interim prayer, the Petitioner has also requested that operation of the said agreement may be stayed during the pendency of the present case and direct the Respondent not to take any coercive steps for withdrawal of SMS Termination Services for the Petitioners network in all areas. 3. Ms. Bhasin, learned counsel appearing on behalf of the Petitioner has brought to my notice an order issued by this Tribunal on 9.11.2012 in Petition No. 822 of 2012. By way of an interim order, this Tribunal had ordered the Respondent (Respondent No. 2 in this petition ) not to withdraw the Interconnect SMS ser...
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