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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
One97 Communications Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. prayers for regulatory compliance by telecom providers. (Para 1) |
| 2. petitioner's grievances addressed, compliance discussed. (Para 2 , 3 , 4) |
| 3. court mandates strict enforcement of regulations. (Para 5 , 6) |
| 4. writ petition and applications disposed of. (Para 7 , 8) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
1. This writ petition has been preferred with the following prayers:
"a) Declare that Regulations 25(5) and 25(6) of the Telecom Commercial Communications Customer Preferences Regulations, 2018 insofar as they allow the imposition of a graded penalty on identified unregistered telemarketers as unconstitutional and ultra vires the Telecom Regulatory Authority of India Act, 1997;
b) Declare that under Reg. 23(1)(b) of the Telecom Commercial Communications Consumer Preferences Regulations, 2018, the Respondents Nos. 3 to 9 are obligated to put in place mechanisms to register reports of violations from customers like the Petitioners.
c) Direct the Respondent No. 2 Authority to ensure complete and strict implementation of provisions of the Telecom Commercial Communications Customer Preferences
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 upheld the Central Government's authority to grant telecommunications licenses to private entities under Section 4 of the Indian Telegraph Act, emphasizing legislative deference in economic....
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.
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