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
RJIL in November, 2016
(registered as Case No. 95 of 2016).
Proceedings before TRAI:
12) As the matter was with the TRAI as well ... delay the provision of POIs, as in the case of RJIL.
However, the TRAI does not have the power to penalize for past
conduct which
service areas. Presently, the matter is with
TRAI and after consideration of the recommendations of
TRAI in respect of the reserve price and associated terms ... consulted Telecom
Regulatory Authority of India (TRAI) on the availability of spectrum,
especially since TRAI’s recommendation dated 15.10.2014 contained a
statement on the availability
that under
Sections 14M and 14N of the TRAI Act only applications pending
adjudication before the TRAI, and all pending appeals before the High
Court ... filed in the matter and not later. In the present case, much after the TRAI
Amendment Act had come into force, BML participated