INDUSIND MEDIA AND COMMUNICATIONS LIMITED Vs. TELECOM REGULATORY AUTHORITY OF INDIA

JUDGEMENT

(1.) SINCE a common question arises in both these appeals, they are disposed of by this order.

(2.) The issue that pertains is as to the validity of question No.2 in the Press Release No.13 of 2004 dated 19th February, 2004 by Telecom Regulatory Authority of India(TRAI). In answer to this question No.2, TRAI had tried to explain the term "charges" in its Telecommunication (Broadcasting and Cable) Service Tariff Order 2004 issued on 15.01.2004.

(3.) BY notification issued under proviso to clause (k) of sub-section (1) of Section 2 of the TRAI Act Central Government on 9th January, 2004 notified the broadcasting and cable services to be telecommunication services. Telecom Regularity Authority of India (TRAI) under the TRAI Act was entrusted with certain additional functions under the TRAI Act in the said notification. In the Order issued on the same date the TRAI under the powers so conferred issued the Telecommunication (Broadcasting and Cable) ) Service Tariff Order 2004. The notification issuing this tariff order is dated 15th January, 2004. The Tariff Order reads as under:-