Telecommunications
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.
Two’s Company : TDSAT’s Dual Spectrum Judgment
On 31st March, 2009 the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) pronounced judgment in the case of the Cellular Operators Association of India & Others v. Union of India and Others (Petition No. 286/2007). This case was popularly known as the dual spectrum allocation case and involved the allocation of spectrum to CDMA operators (principally Reliance Telecommunications) who opted to also offer cellular services under GSM technology. Though the decision is presently impugned before the Supreme Court, the decision provides a deep insight into the direction in which the TDSAT is steering telecommunications law for next 5-10 years.
The Folly of Convention
TRAI recently issued a consultation paper on Media Ownership where it was concerned with the increase in cross-ownership and reduction in media plurality. After some research I came across several FCC commissioned studies which concluded that there was a lack of evidence to link the two. The studies cannot be underestimated since they serve as [...]
TRAI invites expression of interest in Spectrum Trading
The TRAI has invited expression of interest by consultants to advise it on the issue of Spectrum Trading. It marks a significant step away from the present position of not allowing trading in spectrum. For a copy of the TRAI press release click here
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