Sanket M.’s Post

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Advocate (Dispute Resolution) | Trial Court & High Court | General Corporate Advisory | Associate Partner - M/s Juris Innovate Legal Solutions

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has issued several landmark rulings that have shaped the regulatory landscape of the telecommunications sector in India. Here are some key decisions: 1. Reliance Communications vs. BSNL (2006): This case dealt with interconnect usage charges (IUC) between BSNL and other operators. TDSAT ruled that the charges levied by BSNL were discriminatory, which led to a significant revision in the framework governing IUC across all operators. 2. Cellular Operators Association of India vs. TRAI (2012): In this pivotal case, TDSAT addressed the issue of 3G intra-circle roaming agreements. The tribunal held that operators could not provide 3G services in circles where they did not own spectrum licenses via roaming agreements, impacting the business strategies of major telecom players. 3. Tata Sky vs. TRAI (2017): Tata Sky challenged TRAI’s regulations on tariffs for cable and DTH services, particularly the cap on channel pricing. TDSAT's decision led to a revision in TRAI’s tariff orders, allowing for more flexibility in packaging and pricing of channels by DTH operators. 4. Bharti Airtel vs. TRAI (2018): This case involved predatory pricing in the telecom sector. TDSAT set aside TRAI’s order on predatory pricing rules, stating that they were not transparent in defining what constituted predatory pricing. This ruling was significant for maintaining competitive practices in the telecom industry. 5. Vodafone Idea vs. TRAI (2020): TDSAT dealt with the transparency and promotional tariffs offered by telecom providers. The ruling emphasized the need for clear guidelines on promotional offers and customer notifications, ensuring fair competition and consumer protection. These rulings highlight TDSAT's role in clarifying legal and regulatory uncertainties, promoting fair competition, and protecting consumer interests in the fast-evolving telecom sector. Each decision has had a significant impact on how telecom services are offered and regulated in India, reflecting the tribunal’s crucial role in shaping industry practices and policy implementation.

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