Bharat Sanchar Nigam Ltd. & Anr. v. Trai
Case brief
What is this about?
The Tribunal held that it has jurisdiction to interfere with IUC regulations framed under Section 11 of the TRAI Act. It found TRAI's methodology of excluding CAPEX from Mobile Termination Charge calculation as improper and directed TRAI to reconsider all charges (FTC, MTC, carriage, transit) hearing stakeholders seriously.
What did the court decide?
The appeals are remanded to TRAI for a time-bound consultation process to determine IUC charges, effective by January 1, 2011.
What the court decided
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
6/7/2018
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
DATED 29th SEPTEMBER, 2010
Appeal No.6 of 2006 Bharat Sanchar Nigam Limited …Appellant Vs Telecom Regulatory Authority of India & Ors. …Respondents APPEAL No.5 OF 2007 Bharat Sanchar Nigam Limited … Appellant Vs. Telecom Regulatory Authority of India & Ors. …Respondents APPEAL No.5 OF 2008 (With M.A. No. 114 of 2008) Bharat Sanchar Nigam Limited … Appellant Vs. Telecom Regulatory Authority of India & Ors …Respondents
file:///D:/JUDGEMANT%20TDSAT/all%20judgement%20year%20wise/judgement%202010/29.09.2010/ANo.6of06to8of09.htm
1/130
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
6/7/2018
APPEAL No.4 OF 2006 (M.A.No.123 of 2006)
Issues for consideration
3 issues framed by the court
Whether the Tribunal has jurisdiction to interfere with IUC regulations framed under Section 11 of the TRAI Act rather than Section 36.
Whether the methodology adopted by TRAI for determining Mobile Termination Charges, specifically excluding CAPEX and relying only on OPEX, is correct.
Whether the fixation of uniform termination and carriage charges for wireline and wireless networks, and across urban and rural areas, is justified.
Parties & counsel
- appellant
Bharat Sanchar Nigam Limited
- respondent
Telecom Regulatory Authority of India
- appellant
Cellular Operators Association of India
- appellant
Association of Unified Telecom Service Providers of India
- appellant
Vodafone Essar Gujarat Ltd
- appellant
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Arun Kumar J. S. Sarma G. D. Gaiha
- Order 2 — this page · Hon Ble S.b. Sinha Chairperson G. D. Gaiha Member
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