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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Recently, many posts have been flooding social media related to voice call charges imposed by Telecommunication companies. People are coming up with arbitrary numbers that show that some specific rates have been charged. I would like to quote some facts regarding this issue. "The supplementary duty has been raised from 15 percent to 20 percent in the proposed budget for the fiscal year 2024-25. This means that out of every Tk 100 top-up of a user, the government will directly take Tk 28, which includes a 15 percent VAT and a 1 percent surcharge, whereas the government previously took Tk 25. Meanwhile, the VAT was increased by Tk 100 to Tk 300 for every SIM." I am attaching the link to this news in the comment section. Also, if anyone wants to dig further, they can directly dive into our latest budget details. I have been part of one of the reputed telecommunication companies in our country. I have seen how this thing works between the regulatory body and the telecommunication companies. Companies can not charge a single penny without even getting permission from the authority body. The question of whether an extra tariff was charged at a particular point in time is far from the reality. Also, the new tariffs that have been imposed are applied from the day the budget has been proposed. Companies are also concerned about these extra charges, so they promote more customer-centric packages. You will find my offer, super deal, and special offer type segments in the app. They also promote through SMS. Even as a consumer, I find the bundle offers and minute packs much more price-worthy. I believe the concern is not the tariff but the communication with the consumers. Even though everyone is working on it, the companies can be more transparent about this issue if there isn't any compliance issue. In addition, the regulatory board also needs to take some necessary steps regarding this issue. Transparency can make this much easier for consumers.
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New Ofcom regulations for mobile roaming! 📱 Are you confused about your roaming charges? Our latest blog breaks down the key changes and what they mean for you. Read now to stay informed https://lnkd.in/eiUuX4yq
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The UK telecoms regulator has today published their annual 2024 Pricing Trends Report, which among other things confirms that the take-up of cheaper social broadband ISP and mobile tariffs for those on state benefits has jumped to 506,000 customers in June 2024 (up from 380,000 in Sept 2023). But that’s still just 9.6% of eligible households (e.g. those on Universal Credit). https://lnkd.in/ed4eDZ_K
Ofcom Report 506,000 UK Homes Now Take Social Broadband Tariffs - ISPreview UK
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New obligations are imposed upon online sellers and e-marketplaces with the BIR imposing withholding tax upon gross remittances of merchants in online or electric platforms. Meanwhile, the Internet Transactions Act (ITA) of 2023 establishes an eCommerce Bureau under the Department of Trade and Industry (DTI). Find out more in today’s Top of Mind article entitled ‘Digital Times Call for Digital Measures’, as featured on the Philippine Star: https://lnkd.in/g75c9G9M
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The European institutions have adopted a legislative package aimed at collecting payment data in order to improve the fight against VAT fraud in e-commerce The new provisions will enter into force on 1st January 2024. The targets of that compliance are payment service providers (PSP). I have been informed by Lithuania, foreign companies having no registration can submit a free form request and be registered in a simplified form for reporting purposes only. In Italy, it is necessary to enter in the dashboard of the tax office, to manage the communication and after all the necessary formalities to get the necessary authorisations. I hope for uniformity in the tax system at European level, but also in the procedures. #CESOP
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Foreign online gambling operators will pay more taxes in Romania Amid Romanian consumers growing interest in online gambling platforms, the Romanian authorities have adopted a series of measures to increase the collection of taxes from foreign operators of such platforms. In this context, a recently adopted law obliges non-resident online gambling operators to register for tax purposes in Romania and to pay taxes on profits obtained here ... with Deloitte, Simona Mergeani, Daniel Grigore https://lnkd.in/dvYcWhEn #casinoinside #youknowfromcasinoinside #casino #online #onlinegambling #romaniangamblingindustry #onlinecasino #taxes
Foreign online gambling operators will pay more taxes in Romania
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In his latest article in The Hindu, Lt Gen Dr SP Kochhar, DG COAI , shares crucial policy reforms proposed by the Indian #telecom industry to the Ministry of Communications, aimed at achieving the government's vision of digital empowerment and inclusivity. Key recommendations include: 📉 Reducing levies and taxes - abolishing the USOF levy, as well as reducing the licence fee from 3% to 1%. 🔍 Clarifying the definition of gross revenue 🚫 Reduction of Customs Duty to zero 💸 Exempting service tax on additional AGR liabilities, licence fee payments, spectrum usage charges, and spectrum acquired in auctions 📶 Prioritizing the 6 GHz spectrum for 5G and future 6G deployment Read the full article for more details: https://lnkd.in/g6zkcmNX #DigitalIndia #TelecomReforms #5G #6G #PolicyReforms Department of Telecommunications ( DOT ) The Hindu
Indian telecom industry awaits the next frontier in communications through policy reforms
thehindu.com
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Chilean president Gabriel Boric has finally got a tax reform package through the Senate. As part of the reforms, "digital intermediation platforms" must charge and collect #VAT when they facilitate B2C supplies of goods or services (unless the actual supplier is already VAT-registered in #Chile). The rules also extend the platform's liability to sales of imported #ecommerce goods shipped from outside the country. Yet another major economy adapting its VAT rules to better capture digital trade. The law changes are expected to be gazetted shortly, and will come into effect 12 months from that date.
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The Airports Economic Regulatory Authority of India (AERA) filed a legal appeal in the Supreme Court of India, challenging the Telecom Disputes Settlement and Appellate Tribunal's (TDSAT) decision concerning its authority to file appeals against TDSAT's rulings. The key issue centered around whether AERA, as a quasi-judicial regulatory body, could contest appeals of its own tariff decisions under Section 31 of the AERA Act, 2008. AERA argued that it is vested with public interest regulatory duties and should thus be permitted to represent itself in appeals that affect its tariff decisions for aeronautical services. The Supreme Court reviewed legal principles, previous judgments, and AERA's statutory obligations under Sections 13, 17, and 18 of the AERA Act to determine if AERA's appeal was maintainable and if the authority's role in setting tariffs could be classified as adjudicatory. The judgment ultimately addressed the balance between AERA's quasi-judicial role in tariff determination and its broader regulatory responsibilities, considering precedents from cases involving quasi-judicial bodies. The Court examined whether such authorities could maintain appeals to uphold regulatory functions without conflicting interests.
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Supreme Court Upholds Remedy Framework for Challenging TRAI Tariff Orders 📢 Indian Broadcasting and Digital Foundation (IBDF) v. Telecom Regulatory Authority of India (TRAI) In a significant decision, the Hon’ble Supreme Court of India on 29/11/2024 upheld the Kerala High Court’s ruling, emphasizing that challenges to TRAI’s Tariff Orders must first be addressed before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), rather than approaching Apex Court directly. Key Highlights: 1️⃣ Jurisdiction of TDSAT: • The Court reiterated that TDSAT has the authority to review Tariff Orders issued under TRAI regulations. • However, the validity of regulations remains beyond the scope of TDSAT’s jurisdiction, as clarified in BSNL v. TRAI (2014). 2️⃣ Supreme Court’s Direction: • Appellants are permitted to approach TDSAT to challenge the tariff orders. • For constitutional or legislative challenges, stakeholders may later approach the Supreme Court under Section 18 of TRAI Act after exhausting Statutory Appeal or pursue legislative reforms. 3️⃣ Precedents Considered: • The Court referred to earlier rulings, including Star India v. Department of Industrial Policy and Promotions (2019), which upheld the validity of similar TRAI regulations. This decision clarifies the procedural framework for disputes concerning TRAI’s orders, striking a balance between specialized tribunals and constitutional remedies. 📌 Why This Matters: Stakeholders in the broadcasting and telecom industries now have a clear pathway to address grievances, ensuring both judicial efficiency and adherence to the specialized jurisdiction of TDSAT. 💬 What are your thoughts on the evolving dynamics between regulatory frameworks and judicial intervention? Share your insights below! #SupremeCourt #TRAI #TDSAT #TelecomLaw #RegulatoryFramework
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