Media
Notice inviting application with Queries and Responses related to 3G Spectrum and BWA Auction
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On 25th February DoT published its Notice Inviting Application for 3 G Spectrum and BWA Auction (click here). While going through the Notice it can be observered that DoT deliberately sought to ignore few issues which have been the part of public discussion regarding allocation of 3 G spectrum. After being forced by the PMO [...]
Public consultation, the right way
The Bt-brinjal consultation process has been unprecedented in several respects. Often we find politician’s referring to the metaphorical device of a “public debate” without following up on it. However, Minister of State for Environment and Forests, Mr. Jairam Ramesh followed through on his promises. What we saw were 7 public consultations, in which 8000 people participated. Views of expert scientists, farmers, chief ministers, non-governmental organisations were also solicited and considered.
No Longer A Moot Problem: The extent of CCI’s jurisdiction
A few months ago, with the ink still not dry on the notification enforcing the Competition Act, 2002, I drafted a moot court problem for the students of my alma matter on it. The problem essentially concerned the jurisdictional hurdles which the Competition Commission of India will have to pass.
4G Pre Consultation : Prophecy and Forecast
The TRAI on the 10th February, 2010 has invited comments on a pre-consultation paper on 4G Spectrum. By the title itself the project seems tentative and unsure. Most news reports reacted negatively to this pre-consultation attempt. The Times of India has termed it, “creating confusion” jibing at the failure of the TRAI to decide issues of “allocation, pricing, methodology, transfer and sale of 2G spectrum”. Others are focused on the delays of the proposed allocation of 3G spectrum.
MNP – Update
These are certain new developments in relation to my earlier post on MNP. There is an article in today’s Economic Times which refers to DoT’s decision to increase the duration of the entire portability process by seven days which was supposed to be within four days if a customer requests for a change of operator. [...]
Delayed Further!!!
Recently certain news popped up about the 3 G auction been further delayed. Though it is not being confirmed by the DoT but the Telecom minister has clarified this issue during his interview. This possible delay has not gone well either with the stakeholder or with the policy makers. But an article in Economic Times [...]
Mobile Numbers Portability
I introduce myself as final year student at the National University of Juridical Sciences. My area of academic interest includes Telecommunications Law and regulatory theory in general. As for my credentials I have got few publications at leading International law Journals and have been associated with TDSAT and TRAI on few research projects [...]
BSNL v. BPL Mobile Cellular: lemonade out of lemons
Adjudicating on an appeal filed by BSNL (the state telecommunication provider), the Supreme Court in the case of BSNL v. BPL Mobile Cellular (Per Sinha, J.) (2008) 13 SCC 597 addressed the applicability of internal circulars of the DoT to modify terms for telecommunication contracts entered under the Telegraph Act.
Important ruling on the taxation of foreign companies carrying calls abroad
The authority for advance rulings in an application filed under section 245Q(1) of the income tax act, 1961 by the Cable & Wireless Networks India Private Limited has held that since, (a) the payments made by the applicant to its foreign partner are in the nature of business profits; (b) in the absence of there being any permanent establishment of the its foreign partner in India this kind of income is not taxable here.
Radio Interference: Music Broadcast Pvt. v. Union of India
Throughout the annals of precedent there are catenas of cases which are ignored. Their insignificance arises from the common restatements which they contain rather than the novel propositions they advance. The TDSAT decision in Music Broadcast Pvt. Ltd. v. Union of India, Petition no. 73 (C) of 2008, 29th April 2009 is one such case. The facts of the case demonstrate two juggernauts which stand in the path of quicker roll-out of broadcasting and telecom services.
