TDSAT disposes of Kal Cables plea as withdrawn against TRAI Show Cause Notice

The Telecom Disputes and Settlement Appellate Tribunal (TDSAT) on Wednesday disposed of Kal Cables (SCV) plea as withdrawn against the show cause notice issued by the Telecom Regulatory Authority of India (TRAI) on 27th December 2019.

Tamil Nadu based cable operator Kal Cables moved TDSAT after TRAI issued a show-cause notice asking it to reply within 15 days as to why action should not be initiated against it as per the provisions of the TRAI Act for non-compliance of certain orders and regulations issued by TRAI.

The tribunal noted that while TRAI was of the view that SCV had failed to comply with the provisions of the QoS Regulations 2017 and Tariff Order 2017 but when the entire document is read conjointly, it appears that the aforesaid view is only a prima-facie view and, therefore Kal Cables has been asked to show cause.

Kal Cables counsel in light of the aforesaid interpretation of the show cause notice asked for permission to withdraw the appeal but with liberty to approach the regulator for obtaining copies of certain documents referred to in the show-cause notice and then on receipt of those documents, another week’s time to file its reply.

TRAI’s counsel had no objection given the cable operator approaches TRAI within 2 days for copies of the document. The tribunal noted that documents available with TRAI would only be supplied to the cable operator and made it clear that it will be at liberty to file the reply to the notice within 7 days from the date of receipt of relevant documents.

Disposing of the appeal as withdrawn, TDSAT Chairperson Mr. Justice Shiva Kirti Singh noted, “This order shall not prejudice the case of the appellant and it is expected that the respondent shall consider the reply of the appellant appropriately and in accordance with the law. The appeal is disposed of as withdrawn but with the aforesaid directions.”