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PRATHIBA M. SINGH
Shivtel Communications Private Limited – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. None appears for the Petitioner. The present petition has been filed by the Petitioner seeking directions in respect of the implementation of the Telecom Commercial Communications Customer Preference Regulations, 2018 (hereinafter, “TCCCPR”).
3. The grievance of the Petitioner is that this particular regulation was introduced on 19th July, 2018 by the Telecom Regulatory Authority of India (TRAI). The said regulations were the subject matter of WP(C) 3330/2020 titled ‘One97 Communications Limited and Anr. v. Union of India’, in which the ld. Division Bench, vide judgment dated 3rd February 2021, had directed that TRAI to ensure compliance and strict implementation of the provisions of the said regulations to curb unsolicited commercial communication sent over the respective networks of the telecom service providers. The relevant portion of the said judgement reads as:
The court affirmed the necessity of strict compliance with the Telecommunications regulations to prevent unsolicited communications and ensure accountability from service providers.
TRAI is not obligated to requisition information from TSPs regarding individual complaints, as its authority is limited to regulatory functions under the TRAI Act.
The court recognized the need for a regulatory framework for Over-The-Top services and ordered stakeholder consultations with the petitioner for re-examination of existing recommendations.
The final decision on the terms and conditions of a license to a service provider rests with the Central Government, and the TDSAT has the authority to deal with disputes arising under the TRAI Act.
The judgment emphasizes the importance of compliance with the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the authority of the Tri....
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