SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Vodafone Idea Limited – Appellant
Versus
Telecom Regulatory Authority of India – Respondent
JUDGMENT
Subramonium Prasad, J.
1. The primary challenge in the present writ petitions is to the impugned recommendation dated 21.10.2016 passed by the Telecom Regulatory Authority of India (hereinafter referred as `Respondent No. 1') on the ground that impugned recommendation made by the Respondent No.1/TRAI to the Secretary, Department of Telecommunication for penal action of Rs.50 crores per Licensed Service Area (LSA) for all 21 LSAs except for Jammu and Kashmir where POI congestion exceeded the allowable limit of 0.5% as reported by Vodafone through their letter dated the 23rd September, 2016 is contrary to law and deserves to be struck down.
2. It is pertinent to mention here that certain other prayers have also been sought for in W.P.(C) 685/2017 which are not being decided at present for the reason that the arguments have primarily been advanced by the Counsels only on the recommendation dated 21.10.2016 passed by the Telecom Regulatory Authority of India.
3. Petitioner No. 1 is a Unified Access Service Provider with established Cellular mobile network all across India in 21 circles excluding Mumbai. Petitioner No. 2 is a Unified Access Service Provider in Mumbai Circle.
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