Telecommunications
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 apart from [...]
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
TRAI’s Do Not Call Registry completes one year
On October 11, TRAI’s Do not call registry completed one year of effective operation. The press release indicates that in the past 6 months, “81 thousand complaints were received…out of which more than 79 thousand complaints have been addressed..”. Read more here
TRAI recommends legalising Internet Telephony within India
TRAI has released recommendations permitting ISPs to offer unrestricted internet telephony. The DoT is likely to accept them with some modifications. Until now only international VoIP telephony was legal. National Long D sitance operators will be permitted to connect to the internet and shall have mutual agreement for unrestricted telephony.
Govt, Blackberry makers to jointly resolve security issues
After the recent bomb blasts in Delhi the national security v. blackberry (i know it rhymes).. argument is well being argued again read more here
