reference to TRAI under Section 11 of TRAI Act, 1997 requesting
TRAI to provide:
"Recommendations, under section 11(1) of the TRAI ... reference to TRAI under Section 11 of the TRAI Act requesting TRAI
to provide:
"Recommendations, under section 11(1) of the TRAI
TRAI.
3. BSNL has made the following prayer:-
(a) Quash and set aside the letter dated 9.10.2002 issued by TRAI. (By this letter TRAI ... time limit of 90 days would not be applicable in a case where TRAI chooses to make modifications/changes in the proposed RIO, otherwise
copy of the same should be given to TRAI. In case TRAI does not intervene within the stipulated time period specified in the show cause ... regulations/determinations of TRAI or any order of the licensor.
12. Mr. Meet Malhotra, learned counsel for the TRAI submitted that TRAI has no intention
judgment that the TRAI could make Regulations on matters specified in different sections of the TRAI Act , it is the case of the petitioners that ... that the above judgment would not lend any support to the case of TRAI and their Explanatory Memorandum to the impugned Regulation, dated 07.06.2007, would
carriage', but not 'content'. Interestingly, it is the case of TRAI that it is regulating only carriage as television channel ... separate caption 'Case Laws' before setting out our discussion of the rival submissions.
5. Case Laws :
5(a) Case Laws pressed into service
judgment that the TRAI could make Regulations on matters specified in different sections of the TRAI Act , it is the case of the petitioners that ... that the above judgment would not lend any support to the case of TRAI and their Explanatory Memorandum to the impugned Regulation, dated 07.06.2007, would
popularly known as Call Drop case. In Call Drop case, in examining Sections 36 and 11 of the TRAI Act, which deal with Regulation making ... power of TRAI in the light of Regulation making powers and functions of TRAI as adumbrated in Sections 36 and 11 of TRAI Act respectively
outside the jurisdictional regime of the TRAI. Therefore, the
TRAI cannot decide the issue involved in the present case,
inasmuch as there is no jurisdictional ... TRAI's exclusive domain, making them jurisdictional issues
and for which the TRAI alone is competent to examine.
13.6 In the present case
outside the jurisdictional regime of the TRAI. Therefore, the
TRAI cannot decide the issue involved in the present case,
inasmuch as there is no jurisdictional ... TRAI's exclusive domain, making them jurisdictional issues
and for which the TRAI alone is competent to examine.
13.6 In the present case
term or condition of a licence, as in the
present case, the recommendations of TRAI will not prevail
and instead the decision of the Central ... TRAI as provided in the
provisos to Section 11(1) of the TRAI Act. Instead, the Tribunal
has considered the recommendations of TRAI and passed
