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2014 Supreme(Online)(TDSAT) 86

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
MR. AFTAB ALAM, CJ, MR. KULDIP SINGH, J
Dish TV India Ltd. – Appellant
Versus
Telecom Regulatory Authority of India – Respondent


Advocates:
For the Appellants/Petitioners:Mr.Aman Lekhi,Sr. Advocate, Mr.Vivek Sarin,Advocate, Mr.Tejeveer Singh Bhatia, Advocate, Mr.Ashok Kumar Singh,Advocate, Mr.Upender Singh Thakur,Advocate, Mr.Yatin Grover,Advocate
For the Respondents:Mr. S. Ganesh,Sr.Advocate, Mr.Sandeep S. Ladda, Advocate, Mr.Soumik Ghoshal, Advocate, Mr. Saket Singh, Advocate

Table of Content
1. challenges against the tariff order by the appellants. (Para 1 , 2 , 3 , 4)
2. issues regarding trai's jurisdiction and tariff fixing for stbs. (Para 6 , 7 , 8 , 9 , 10 , 11)
3. arguments regarding the technical and commercial aspects of dth services. (Para 12 , 13 , 14 , 15)
4. finding that stbs are integral to dth services. (Para 16 , 17 , 18)
5. the court's ultimate decision regarding the tariff order. (Para 19 , 20 , 21 , 22)

ORDER

Kuldip Singh:

The present appeals have been filed challenging the Telecommunication (Broadcasting and Cable) Services (Sixth) (The Direct to Home Services) Tariff Order, 2013 (No. 2 of 2013) (hereinafter referred to as Tariff Order) dated 27.5.2013 issued by Telecom Regulatory Authority of India (TRAI).

2. The appellants are engaged in the business of providing Direct to Home (DTH) services under a license issued by Ministry of Information and Broadcasting, Government of India under Section 4 of the Indian Telegraph Act , 1885.

Facts of the case

3. The Tariff Order has been issued by TRAI on 27.05.2013 in exercise of powers conferred by sub-clauses (ii), (iii), (iv) and (v) of clause (b) of sub-section (1), and sub-section (2) of section

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