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TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Mr. Shiva Kirti Singh, CJ, Mr. A.K. Bhargava, J
Cellular Operators Association of India – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenges against arbitrary fees (Para 2 , 3 , 4 , 6 , 10 , 11) |
| 2. arguments on fee justification (Para 14 , 15 , 16) |
| 3. court's rationale on fee structure and limits (Para 17 , 18 , 19) |
ORDER
By S.K. Singh Chairperson –
On hearing the parties in detail on various dates, we find that the issues are simple but interesting. Petitioner No.1 is a registered Society which rightfully boasts that most of the Cellular Licensees/Unified Access Service Licensees in India are its members. The other petitioners are some of its members.
2. Without wasting time, it is useful to reproduce the contents of paragraph 1 of the petition which explains the nature of challenge posed by the petitioners to the alleged arbitrary levy of “fee” for testing the Electromagnetic Fields (Radiation) exposure at Base Transceiver Station (BTS) sites, by the TERM Cell:
“A. To charge for testing the Electromagnetic Fields (EMF) exposure from the Base Transceiver Station (BTS) installed by the Petitioners-Operators beyond 10% of the total BTS sites of a TSP as the same would impose a financial burden on such TSP without any authority of law.
B. Demand such fee on basis of Notional/Backlog testing. Such
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