TDSAT sets aside penalties on new operators for delay in roll-out obligations

The DoT had imposed penalty over the operators who were allotted spectrum in 2008 during the tenure of former telecom minister A Raja for delay in raising necessary infrastructure to commence their service obligations

New Delhi: In a major development, the Telecom Dispute Settlement and Appellate Tribunal (TDSAT) today set aside all penalties imposed by the government on new telecom operators for delay in meeting roll-out obligations of services, reports PTI.

The TDSAT bench headed by justice SB Sinha said that DoT did not follow “principles of natural justice” and did not give any opportunity to the telecom operators before imposing penalty or liquidated damages.

The tribunal further directed the government to refund the amount collected from the operators with 12% interest within four weeks from today.

According to estimates available, the DoT has collected so far over Rs300 crore against claims of about Rs400 crore from the new telecom operators as liquidated damages during the last one year.

Penalties have been imposed on new telecom operators, including Etisalat DB, Videocon, Loop, Aircel and Uninor, among others.

TDSAT’s ruling came forward over a batch of 70 petitions filed by various telecom operators challenging liquidated damages imposed on them by DoT for various circles.

It also directed DoT to give a fresh hearing to the telecom operators on this issue in accordance with today’s judgement.

The tribunal further said that if there was any ambiguity in the terms of licence, the benefit has to be given in favour of licensee (operator) and it is against the licensor (DoT).

It also held that the DoT has not suffered any damages according to the law.

Earlier, passing an interim order in this matter, the tribunal had directed various telecom operators to deposit 60% of the liquidated damages imposed by the DoT.

Following today’s order, now the government will refund the amount along with the interest to the operators.

The DoT had imposed penalty over the operators who were allotted spectrum in 2008 during the tenure of former telecom minister A Raja for delay in raising necessary infrastructure to commence their service obligations.

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Court issues summons to foreign social networking sites

Following a private complaint filed by a journalist Vinay Rai against various foreign networking sites, including Facebook, Google, YouTube and others for allegedly web-casting objectionable content, a Delhi court today issued summons to these sites and directed them to appear before it on 13th March

New Delhi: A Delhi court on Friday issued summons to various foreign-based social networking sites, including Facebook and Google, to face criminal charges for allegedly hosting objectionable contents and directed them to appear before it on 13th March, reports PTI.

It asked the ministry of external affairs (MEA) to get the summons served on these companies.

The court direction came after the counsel appearing for Facebook India said over 10 out of 21 companies named as accused in the case were foreign-based and that the court would have to begin the process to serve the summons on them.

The court was hearing a private complaint filed by a journalist Vinay Rai against these firms for allegedly web-casting objectionable contents. The summons was issued to the sites including Facebook, Microsoft, Google, Yahoo and YouTube.

“Let the process (to serve the summons) on (foreign- based) accused be sent through the MEA as per the process,” metropolitan magistrate (MM) Sudesh Kumar said.

The court listed the matter for further hearing on 13th March and directed the accused to appear in person before it on the next date.

“The accused are allowed exemption for today (Friday) only but are directed to appear in person on the next date of hearing without fail,” the magistrate said.

The court passed the order after advocate Shashi Tripathi, appearing for the complainant, told the magistrate that he would file a fresh list of the addresses of the various foreign-based sites for the serving of the summons through the MEA.

During the hearing, senior counsel Siddharth Lutra, representing Facebook India, sought adjournment for the day, saying the matter was pending before the Delhi High Court and the case file was also in the high court.

Mr Luthra said, “The matter is listed in the high court for 16th January... No order has been passed by the high court during Thursday’s proceedings. Since the record (case file) is not here, we are seeking adjournment for today (Friday) only”.

He said that one of the accused, who is chairman of the Facebook, is based in California in the US and the court would have to direct the MEA for serving summons on him.

The counsel for Google India Pvt Ltd also asked the court to adjourn the matter today. He said that summons issued to accused companies Orkut, YouTube and BlogSpot have been mistakenly served at their premises here.

The court, which had earlier directed the Centre to take “immediate appropriate steps” in this regard, was told by the counsel for the ministry of communication and information technology that they would file a report today itself.

The court had on 23rd December last issued summons to them against which some of the accused companies had moved the high court. The summons to the foreign firms had not been served.

The magistrate’s 23rd December order had come three days after another court in a civil case had restrained these sites including Facebook, Google and YouTube from webcasting any “anti-religious” or “anti-social” content promoting hatred or communal disharmony.

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Apple store pelted with eggs in botched iPhone debut

Apple Inc, whose skill at hyping new products has helped make it the world’s most valuable technology company, became a victim of its own success with a botched introduction of its iPhone 4S in China.

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COMMENTS

MovingmanUK

5 years ago

OMG, all this just to buy an iPhone? unbelievable

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