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Latest Cases Home > Latest Court: telecom disputes settlement and appellate tribunal tdsat Page 32 of about 320 results (0.176 seconds)

May 11 2009 (TRI)

Hathway Nashik Cable Network Versus Cidco Cable Network

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

By this petition the petitioner has claimed an amount of Rs. 221666/-upto Sept, 2006 alongwith interest @ 18% per annum from the respondent, who is a Cable TV Operator operating in the city of Nashik, Maharashtra. The petitioner claims to be a Multi System Operator (MSO) operating in the city of Nashik, Maharashtra. The petitioner also claims that the persistent default on the part of the respondent in making payment of the cable TV feed charges to the petitioner company for a considerable period of time, has resulted in building up the alleged outstanding against the respondent. The petitioner has prayed that the respondent may be restrained from switching over to any other cable TV service provider for availing signal feed for its network, without paying its outstanding dues. 2. The case of the petitioner is that it has raised monthly invoices on the respondent for the subscription charges. The invoices from 1st July, 2005 up till 1st Sept, 2006 are placed on record. These invoices ...

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May 05 2009 (TRI)

Manthan Broadband Services Pvt. Ltd. Versus Akarshan Cable Tv Network ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

By this petition, the petitioner has claimed a sum of Rs. 15,42,477/- as due on 31st July, 2007 alongwith interest @ 18% p.a. from the respondent no. 1 who is an affiliate of the petitioner. The petitioner has also prayed that the respondent no. 1 may be restrained from taking signals of TV channels from any other MSO/Broadcaster until it clears its dues owed to the petitioner. 2. The petitioner claims to be a Multi Service Operator (MSO) operating in the city of Kolkota. It receives signals of various free to air and pay channels from the broadcasters at its head end and, thereafter retransmits the same to the franchise cable operators affiliated to it for onward transmission to their respective subscribers. 3. As per the admitted position, the respondent no.1 has signed an agreement with the petitioner on 8th Sept, 2004. The clause which relates to the payment of consideration indicates that the cable operator shall be liable to pay to the petitioner Rs. 25/- per subscriber per mon...

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May 05 2009 (TRI)

M/S Reliance Infocomm Limited Versus Bharat Sanchar Nigam Limited

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

In this case, the Petitioner is challenging the Circulars dated 12.6.2006 and 24.7.2007 issued by the Respondent – BSNL - claiming that these Circulars have the effect of unilaterally modifying certain clauses of the existing interconnect Agreements entered into between the two parties, prior to the date of the Circulars. 2. The case of the Petitioner is that, as Basic Service Operator, it had entered into an interconnect Agreement with the Respondent on 25.1.2002 for various Circles which Agreements cover various issues of interconnection including, inter alia, raising of bills on each other for interconnect usage charges and payments and process for reconciliation of any differences over bills. The grievance of the Petitioner is that the Respondent had, allegedly unilaterally, issued two Circulars dated 12.6.2006 and 24.7.2006 modifying, to the disadvantage of the Petitioner, the methodology for settlement of disputes in the event of differences in the amounts billed by the Res...

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May 04 2009 (TRI)

Hathway Cable and Datacom Pvt. Ltd Versus M/S Msm Discovery Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

This is a petition filed by M/s Hathway Cable and Datacom Pvt. Ltd and Another against a public notice dated 6.8.2008 issued by the Respondent, MSM Discovery Pvt. Ltd, threatening to disconnect the signals for taking unauthorized feed. The case of the 1st Petitioner- Hathway Cable and Datacom Pvt. Ltd -is that it had, on 26.2.2008, taken over the 2nd Petitioner -Star Vision Cable Network- with effect from 1.3.2008 and that the Respondent was duly informed by both the Petitioners requesting that the Integrated Reception Devices (IRDs) issued in the name of the 2nd Petitioner be transferred in favour of the 1st Petitioner. It was also indicated by both the Petitioners that while outstanding dues upto 29.2.2008, if any, would be paid by the 2nd Petitioner, all payments w.e.f. 1.3.2008 will be paid for by the 1st Petitioner. It is contended that the Respondent vide its e-mail dated 1.4.2008 recognised the takeover of the Star Vision Cable Network by the 1st Petitioner. Subsequently, the Re...

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Apr 17 2009 (TRI)

R.G. Rupta and Sons Through Its Proprietor Shri B.M. Gupta and Others ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

These are three petitions which have been filed by the petitioner for recovery of alleged dues of feed charges to M/s. Sunny Cable TV Networks, M/s. Manoj Cable Network and M/s. Jayshree Enterprises. R.G.Gupta and Sons, the petitioner claims to be a Multi System Operator (MSO) re-transmitting various free to air and pay channels to its direct subscribers as well as through other cable operators in Jamshedpur. In all these cases it is an admitted fact that no written agreement exists between the petitioner and the respondents. While seeking recovery of the dues allegedly owed to the petitioner by the respondents, the petitioner has also prayed for an order to restrain the respondents from obtaining signals from some other MSO or directly from a broadcaster without first clearing the dues outstanding to it, in terms of the Explanation to clause 3.2 of the Interconnect Regulations. The petitioner has claimed to have supplied signals of various pay and free to air channels to respondents f...

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Mar 31 2009 (TRI)

Cellular Operators Association of India and Others Versus Union of Ind ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

In this Petition, the Petitioners are challenging the decision dated 19.10.2007 of the Department of Telecommunications, Government of India (hereinafter referred to as DOT) on the ground that it is illegal, arbitrary, and violative of principles of natural justice as well as violative of the mutually agreed contract between the Petitioners and the Government. 2. The decision of the DOT was communicated vide a Press Release dated 19.10.2007 and the major decisions were, inter alia, as follows: That the Recommendations of Telecom Regulatory Authority of India (TRAI) that there should be no cap on the number of access providers in any service area were accepted; That Government have accepted TRAI’s recommendation of enhanced subscriber linked criteria for frequency allocation; That it has been decided that the existing private UAS licensees may be permitted to expand their existing networks by using alternate wireless technology i.e. a UAS licensee who is presently using GSM tec...

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Mar 25 2009 (TRI)

Spectrum Softech Solutions(P) Ltd., Represented by Its Chief Executive ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

By this petition the petitioner, a company registered under the Companies Act, 1956 as an IT company has sought relief against the demand raised by the respondent for the lease charges of a 2 MBPS data circuit from its premises at Kollam to Alleppey from 14.8.2003 to 24.12.2004. The final bill was issued on 4.11.2004 by which the petitioner was liable to pay only up to 24.12.2004 i.e. the date up to which the leased circuit has been operative. 2. The contention of the petitioner is that the bill raised on 24.06.2003 before the provision of leased line by respondent for an amount of Rs. 595872/- has been paid to the extent of Rs. 595631/- which has been arrived at by calculating the service tax at 8% (which is the prevailing rate) by it and, therefore, the alleged final bills, totaling to Rs. 985060/-, creating a net liability of Rs. 389429/- after 15 months from the date of commissioning of the lease circuit is illegal, non-sustainable in law and arbitrary. The initiation of coercive s...

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Feb 12 2009 (TRI)

M/S Sun Direct Tv Pvt. Ltd. Versus Msm Discovery Pvt. Ltd

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

By this Miscellaneous Application, the Applicant prays that the Respondent be directed to immediately provide signals to the Applicant/Petitioner on la carte basis as per the terms of the Reference Interconnect Officer (RIO) and also for action to be initiated against the Respondent for failure to comply with the judgement dated 1.10.2008 of this Tribunal. 2. Briefly, the Applicant/Petitioner had filed Petition No. 62(C) of 2008 which was disposed of by this Tribunal vide judgement dated 1.10.2008. In that judgement, we had held that the Petitioner is entitled to the channel(s) of its choice from the Respondent on la carte basis and directed the Respondent to supply signals of such channel(s) that the Petitioner may desire and as per the rates and terms of RIO. It was also stipulated therein that in the event the Petitioner offers the channel(s) received from the Respondent to its subscribers as part of a bouquet, the payment will be made as per the provisions of clause 13.2A.13 of ...

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Jan 23 2009 (TRI)

Bharat Sanchar Nigam Limited and Another Versus Telecom Regulatory Aut ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL) have filed these appeals challenging the Domestic Leased Circuits Regulations 2007 (10 of 2007) dated 14.9.2007 issued by the Respondent -Telecom Regulatory Authority of India (TRAI) (hereinafter referred to as Authority). The pleadings in both the cases being similar, it was decided to take up and dispose of these two appeals together. The arguments on behalf of BSNL were marshalled by Mr. Maninder Singh. Mr. Vasisht, counsel for MTNL adopted his arguments. As such, for convenience, we will refer to the arguments of Mr. Maninder Singh as those of the counsel for Appellants. 2. The Appellants’ claim is that the impugned Regulations have been issued by the Respondent without jurisdiction and that they have been issued in complete disregard of the terms and conditions of the licences granted to service providers when, in fact, as per the TRAI Act, it is incumbent upon the Authority to ensure that the ...

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Jan 15 2009 (TRI)

Mso Alliance, Industrial Area, Delhi and Others Versus Telecom Regulat ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

All the Appeals above, with the exception of Appeal no. 9 of 2006, have been filed impugning the Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Eighth Amendment) Order 2007 dated 4.10.2007 of the Telecom Regulatory Authority of India (hereinafter referred to as Authority). Appeal no. 9 of 2006 has been filed impugning the Telecommunication (Broadcasting and Cable) Services (second) Tariff (Sixth Amendment) Order 2006 (5 of 2006) dated 31st July 2006. The relief sought in Appeal no.9/2006 has relation to the provisions of the Order of TRAI dated 4.10.2007. As such, all the Appeals are being discussed and disposed of as one batch by this common Order. 2. The Appeals no.s 10, 11, 12 and 15 of 2007 have been filed by Broadcasters while Appeal no. 13 of 2007 has been filed by a Multi System Operator (MSO). Briefly stated, the contention of the Appellants in Appeal no.11, 12 and 15 of 2007 is that the impugned tariff Order is without jurisdiction, perverse and arbitrary...

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