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TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
S.B. Sinha, CJ, P.K. Rastogi, J
Cellular Operators Association of India – Appellant
Versus
Department of Telecommunications – Respondent
| Table of Content |
|---|
| 1. telecom operators are required to maintain customer identification records. (Para 2 , 3 , 6 , 7) |
| 2. licensing regime established by the indian telegraph act, 1885. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. license conditions impose obligations on telecom operators regarding customer verification. (Para 23 , 24 , 26 , 27 , 28 , 32) |
| 4. petitioners claim penalties imposed are arbitrary and excessive. (Para 34 , 36 , 38) |
| 5. importance of compliance with security measures in telecom sector. (Para 41 , 42 , 43 , 44 , 50) |
| 6. nature of penalty and its proportionality in relation to telecom operators' obligations. (Para 146 , 147 , 148) |
JUDGEMENT
S.B.SINHA Introduction
This petition involves some questions of importance as regards the power/jurisdiction of the Respondent to issue circulars and/or guidelines purported to be in terms of the conditions of licence for the purpose of enforcing the security measures of the country.
The Back Ground Facts
2. The First and the Second Petitioners are Associations of the Cellular Operators; whereas the Petitioners 3 to 24 are licensees; licenses having been granted to them in terms of the Proviso appended to Section 4 of the Indian Telegraph Act
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