.... These are appeals under Section 18 of the Telecom Regulatory Authority of India Act, 1997 (for short “the TRAI Act”) against the common judgment and order dated 30-8-2007 of the...licensed activities would be outside the purview of Section 4 of the Telegraph Act. The Tribunal further held that Section 11(1)(a) of the TRAI Act mandates the Central Government to seek....8. The Union of India challenged the order dated 7-7-2006 of the Tribunal before this Court in Civil Appeal No. 84 of 2007 under Section 18 of the TRAI Act. While this civil appeal was...

...Regulatory Authority of India Act, 1997 (“the TRAI Act”), the provisions of the TRAI Act would prevail in view of the purpose and object for which the Act has been passed i.e for ensuring rapid...the TRAI (Amendment) Act of 2000?1.3 Whether TRAI has no power to fix the terms and conditions of interconnectivity between service providers in respect of licences issued...after 24-1-2000 including terms and conditions of interconnection agreements in view of, inter alia, the scheme laid down in the provisos to Section 11(1) of the TRAI Act, 1997 as amended on 24-1...

...under Section 11 read with Section 36 of the TRAI Act, TRAI has provided, insofar as cellular mobile phone services are concerned, for a call drop rate of 2% averaged over a period of one...TRAI. The High Court then went on to discuss the validity of the impugned Regulation under two grounds — the ground of being ultra vires the parent Act, and the ground that the Regulation was otherwise...”, the learned counsel have argued that regulations can only be made under Section 36(1) of the TRAI Act if they are consistent with and carry out the purposes of the Act. The present Regulations...

...Regulatory Authority of India Act, 1997 (for short “the trai Act”) was enacted which came into force from 28-3-1997. By reason of the trai Act, a Telecom Regulatory Authority of India (trai...been defined in Sections 2(1)(j) and 2(1)(k) of the trai Act in the following terms:“2. (1)(j) ‘service provider’ means the Government as a service provider and includes a...Act.19. Submissions of the appellants inter alia are:(i) Keeping in view the scheme of the trai Act, tdsat while exercising its original...

...India Act, 1997 (for short “the TRAI Act”), the provisions of the TRAI Act would prevail in view of the purpose and object for which the TRAI Act has been passed i.e for ensuring...sub-section (1) of Section 11 of the TRAI (Amendment) Act of 2000?1.3 Whether TRAI has no power to fix terms and conditions of interconnectivity between service...TRAI Act, 1997 as amended on 24-1-2000 and if it does not have any such power what would be the harmonious construction of the amended Section 11(1)(b)(ii) and the new scheme more...

.../Industry/Market is governed, regulated, controlled and developed by the Authorities under the Telegraph Act, the Telecom Regulatory Authority of India Act (TRAI Act) and related Regulations... "breaches of any contract and/or practice", arising out of TRAI Act and the policy so declared, are the matters within the jurisdiction of the Authority/TDSAT under the TRAI...Act only. e) The Competition Act and the TRAI Act are independent statutes. The statutory authorities under the respective Acts are to...

...jurisdiction over the disputes raised, under Section 14 read with Section 15 of the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).2. Both the petitioners i.e Viom Network Ltd. and...respondent has contended that the petitioners as well as the respondent are ‘service providers’ within the meaning thereof in the TRAI Act and therefore it is the TDSAT which has exclusive jurisdiction to...entities registered with DoT as Infrastructure Provider Category-I are service providers within the meaning of trai act and section 14 of the trai act vests TDSAT with the jurisdiction to adjudicate...

...Directories and also invokes the cover of the consumer Interest clause of the TRAI Act. This according to Counsel for the Petitioner is what brings the dispute raised within the purview of the TRAI Act.It...would indeed be straining one's credibility to hold that a party under contract to print Telephone Directories to be a “Service provider” or “Licensee” under the TRAI Act, nor, for that...matter, can merely this activity bring it within the definition of “Tele-communication services” as defined in the clause (k) of sub-section I Section 2 of the TRAI Act. This...

...there is no relationship as service providers between the petitioner and Respondent No. 1 as contemplated in Section 14 of the TRAI Act. The disputes that could be adjudicated by this Tribunal under the...TRAI Act are only those disputes which arise:(i) between a licensor and a licensee;(ii) between two or more service providers; and(iii) between a...within the purview of Section 14 of the TRAI Act. Therefore, this prayer cannot be adjudicated upon by this Tribunal.Mr. Syed Saif Mahmood, learned counsel for the petitioner, however...

...questioning the maintainability of the petition itself as not falling within the scope of Section 14 of the TRAI Act. Mr. Nittin Bhatia, learned counsel for the respondent's main limb of the argument...filing this petition would be Civil Court as Section 14(a) of the TRAI Act is not attracted in this case. Mr. Azmat Amanullah, learned counsel for the petitioner places before chronology of the whole...already been filed on 22.11.2016 and this application has been filed subsequent to that. He further submits that Section 14 of the TRAI Act says that the Tribunal has ample powers to adjudicate any...

...under Section 18 of the Telecom Regulatory Authority of India Act, 1997 ("TRAI Act"). The Telecom Regulatory Authority of India ("TRAI") is the Appellant herein, and M/s Polimer Cable...exercise of its powers and jurisdiction under Sections 11 and 13 of the TRAI Act read with the Telecommunication (Broadcasting & Cable Services) Interconnection Regulations, 2004, as amended by... for, TRAI may take recourse to action under Section 29 of the Act which provides for a criminal liability. A provision leading to a penal consequence...

...Order, 2017 (hereinafter referred to as “the Tariff Order”) dated 3-3-2017 made under the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as “the TRAI Act”). Since...Regulations made under the TRAI Act were under challenge, a writ petition was filed before the Madras High Court in which the main issues that arose before the Division Bench were as follows...), fifth proviso to Clause 3(3), sixth proviso to Clauses 3(3) and 3(4) of the said Tariff Order are struck down as not in conformity with the parent act i.e. the TRAI Act.8...

...of maintainability in view of Sections 14 and 15 of the Telecom Regulatory Authority of India Act, 1997 (‘TRAI Act’).2. The suit against the Defendant is for the recovery of Rs...suit was filed.4. The Defendant filed the present application on 22nd November 2006 stating the in view of Sections 14 and 15 TRAI Act this Court does not have jurisdiction to entertain...the suit. Inter alia it is contended by the Defendant that the present suit is a dispute between two service providers as contemplated under Section 14 TRAI Act and any dispute between two more...

...why proceedings under Section 20 of the TRAI Act may not be initiated against it. It is seen that the respondents have not filed the reply to the notice either. It is also seen that the respondent in...spite of clear direction is absent today. Put up under the same head on 11.4.2017 when the respondents will file show cause to the notice that why proceedings under Section 20 of the TRAI Act may not...

...On hearing Learned Counsel for the respondent No. 1 whose claims for restitution vide MANo 203 of 2016 is alongwith a prayer for action under section 20 of TRAI Act and also learned...Respondent No. 2 that it should be exonerated of the allegations made under Section 20 of TRAI Act s be considered when this matter is taken up in presence of other LCOs against whom notice has been...

...of Section 11(1)(a) of the TRAI Act, 1997, as amended and expedite the recommendations on applicable reserve price for 2300 MHz and 2500 MHz bands for all the service areas. Presently, the...Act, 1997 (for short “the TRAI Act”) regarding “reserve price and associated conditions for the auction of spectrum”, which has not been made available despite the fact that the proviso to...Section 11 mandates supply of information within seven days. Under the scheme of Section 11 of the TRAI Act, certain parameters have to be satisfied by the Government while acting on the...

... 2 of 2018, as to the maintainability of the petition under Sections 14 and 14A of the TRAI Act, 1997...provider" in terms of Section 2(1)(j) of the TRAI Act, the dispute involved in the petition lies within the jurisdiction available with the Tribunal under Section 14 of the TRAI Act. And as a...service provider under the TRAI Act. According to the respondent, the service of leasing of transponder is at best a passive infrastructure service having no semblance of providing transmission or...

...the Telecom Regulatory Authority of India Act 1997 (the TRAI Act, 1997) and in particular regulations 4.1 and 4.2 of the Telecommunication (Broadcasting and Cable Services..., and TRAI could proceed in accordance with the provisions of the TRAI Act and interconnection regulations.7. It was, in the above circumstances, that the impugned direction dated 12th...January, 2005 under Section 13 of the TRAI Act read with Clauses 4.1 and 4.2 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 was...

...and functions of the Telecom Regulatory Authority of India (in short the TRAI) constituted under the Telecom Regulatory Authority of India Act, 1997 (hereinafter called the TRAI Act, 1997...satisfactory answer to the rival contentions, it would be convenient to set out broadly the scope, purpose, object and reason of the passing of the TRAI Act, 1997 as well as the relevant...Department liable for the same. The Parliament enacted the present TRAI Act, 1997 with the avowed object and purpose of the Act, as reflected in the long title, is to regulate the telecommunication service...

...following relief :- (i) A suitable amendment be made to Section 14 of the TRAI Act to include the Competition Act, 2002; & (ii) Section 14(A) of the...TRAI Act be suitably amended to remove the MRP Act from the purview fo the TRAI, as the MRTP Act stands repealed with effect from 1st September, 2009. 4.... Suffice it to say that amendments proposed to be made in the concerned laws squarely fall in the legislative domain and can not be a subject mater under the RTI Act. In the premises, we are constrained to...