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[Cites 0, Cited by 0] [Section 5A] [Entire Act]

Union of India - Subsection

Section 5A(1b) in Standards of Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service Regulations, 2009

(1b)If a cellular mobile telephone service provider fails to meet the benchmark for the parameter ‘Network_QTD(97,90)’, specified under sub-regulation (1) of regulation (5), it shall without prejudice to the terms and conditions of its license, or the Act or rules or regulations or orders made, or directions issued there under, be liable to pay an amount, by way of financial disincentive, as given in the table below, for the first contravention, reported by the service provider in its quarterly report:
Value of Network_QTD(97,90) in quarterly report Amount of Financial Disincentives in rupees
More than 3% but not exceeding 5% not exceeding One lakh
More than 5% but not exceeding 7% not exceeding Two lakhs
More than 7% but not exceeding 9% not exceeding Three lakhs
More than 9% but not exceeding 11% not exceeding Four lakhs
More than 11% not exceeding Five lakhs
Provided that if the service provider fails to meet the benchmark consecutively in two or more subsequent quarters, he shall be liable to pay, by way of financial disincentive, an amount not exceeding one and half times of financial disincentive payable, for the consecutive contravention and not exceeding twice the financial disincentive, liable to be paid as specified in the table above, for each consecutive contravention occurring thereafter:Provided also that no order for payment of any amount by way of financial disincentive shall be made bythe Authority unless the cellular mobile telephone service provider has been given a reasonable opportunityby representing against the contravention of the regulation observed by the Authority.