Telecom Regulatory Authority of India Act, 1997

The State of Kerala issued a notification to declare certain lands as revenue forest, which the appellant's predecessor claimed title to. The Forest Settlement Officer rejected the claim, but the Additional District Judge allowed it on appeal under Section 11 of the Kerala Forest Act. The State appealed to the High Cou…

Bharti Telenet Ltd., a basic telephone service licensee in Madhya Pradesh, disputed the interconnection points with BSNL and sought a TRAI order on 15 June 2001, which was declared of general applicability. The company asked its industry association (ABTO) to file a collective review, which was dismissed; subsequently …

Star India Private Limited challenged the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the accompanying Tariff Order, alleging that TRAI had overstepped its jurisdiction by regulating the content, pricing and packaging of TV channels, which they argued …

The petitioners, including acid‑attack survivors with facial disfigurements and a blind individual, challenged the mandatory digital KYC/e‑KYC/video‑KYC procedures for being inaccessible and discriminatory. They argued that requirements such as capturing a live photograph and performing a liveness check (e.g., eye‑blin…

The Supreme Court examined Reliance Infocomm Ltd.'s challenge to BSNL's demand for Access Deficit Charges (ADC) on its "Unlimited Cordless" service, arguing that the service should be classified as Fixed Wireless Local Loop (WLL(F)) and thus exempt from ADC. The Court considered the definitions in the Telecommunication…

BSNL demanded Access Deficit Charges (ADC) from Tata Teleservices for its 'Walky' service for the period 14‑Nov‑2004 to 26‑Aug‑2005, alleging that the service should be classified as Wireless Local Loop Mobile (WLL(M)) and thus liable to ADC. Tata contended that 'Walky' was a fixed wireless (WLL(F)) portable device and…

The Cellular Operators Association of India and several private mobile service providers were directed by the Telecom Regulatory Authority of India (TRAI) to discontinue differential tariffs that charged higher rates for calls terminating on the BSNL/MTNL network compared to calls terminating on other private networks.…

The Union of India granted FM broadcasting licences to ten operators, including Millenium Mumbai Broadcast Ltd., with a requirement to co‑locate transmission facilities. Five operators defaulted, leading the licensor to allow the remaining five to use interim facilities and later require them to pay an increased licenc…

The President of India made a reference under Article 143(1) of the Constitution seeking the Supreme Court's opinion on whether auction is the only permissible method for disposal of all natural resources, following the Court's judgment in the 2G case which had quashed spectrum licenses and directed auction. The Court …

The petitioners, led by Avishek Goenka, raised a public‑interest writ alleging that prepaid SIM cards were being sold without proper identity verification, posing security risks and violating Department of Telecommunications (DoT) notifications. The petitioner sought strict enforcement of verification norms, physical r…

Mahanagar Telephone Nigam Ltd. (MTNL) entered into a purchase order with Tata Communications Ltd. for last‑mile connectivity, the contract stipulating that liquidated damages for delay could not exceed 12% of the contract value. Tata billed MTNL Rs 2,15,25,512 for services rendered, but MTNL unilaterally deducted a lar…

The Hotel & Restaurant Associations, representing owners of large and small hotels, challenged the rates demanded by broadcasters under TRAI's tariff orders, arguing that they are consumers entitled to TDSAT's jurisdiction under Section 14 of the TRAI Act. TDSAT held that the hotels were not subscribers or consumers an…

The Supreme Court examined whether the definition of "gross revenue" in clause 19.1 of the telecom licence agreement, which determines the Adjusted Gross Revenue (AGR) for licence fee calculation, could be challenged by the licensees. It held that the contractual definition is binding, that TRAI and the Telecom Dispute…

Dr. Subramanian Swamy filed a criminal complaint alleging that former Finance Minister P. Chidambaram conspired with Telecom Minister A. Raja in the 2G spectrum scam, seeking to make Chidambaram an accused under the Prevention of Corruption Act. The Special Judge, after examining the material, found no evidence of Chid…

The Supreme Court examined multiple appeals filed by Bharat Sanchar Nigam Ltd. (BSNL) against Vodafone Essar Gujarat Ltd., Bharti Airtel Ltd., and Tata Teleservices Ltd. concerning demands for interconnect usage charges on calls that allegedly lacked authentic Caller Line Identification (CLI). BSNL relied on a Departme…

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of contract. The Telecom Di…

The Supreme Court examined whether Star India (P) Ltd and Bharti Airtel Ltd, who jointly conducted the 'Har Seat Hot Seat' (HSHS) contest on the TV programme KBC, engaged in an unfair trade practice under Section 2(1)(r)(3)(a) of the Consumer Protection Act, 1986 by allegedly funding the prize money from the higher SMS…

The Airports Economic Regulatory Authority of India (AERA) determined tariffs for aeronautical services, which were challenged before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). AERA then filed appeals under Section 31 of the Airports Economic Regulatory Authority Act, 2008, seeking to contest TDSAT…

The Cellular Operators Association of India (appellants) challenged the Government's decision to permit Fixed Service Providers to offer Wireless in Local Loop (WLL) with limited mobility, arguing that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) failed to consider the level‑playing‑field issue, viola…

The Supreme Court examined whether the Comptroller and Auditor General of India (CAG) could audit the accounts of private telecom service providers under the Unified Access Services (UAS) licences to verify revenue sharing with the Union. Service providers argued that the CAG’s powers under Article 149 of the Constitut…

The case concerned Bharti Hexacom Ltd. and other telecom operators who paid a variable annual licence fee to the Department of Telecommunications under the New Telecom Policy of 1999. The issue was whether these payments were capital in nature, requiring amortisation under Section 35ABB of the Income Tax Act, 1961, or …

The Supreme Court examined whether Bharat Sanchar Nigam Ltd. (BSNL), a statutory corporation that had acquired the assets and liabilities of the Department of Telecommunications (DoT), could invoke Article 112 of the Limitation Act, 1963, which grants a thirty‑year limitation period for suits by the Central Government.…

The Supreme Court considered appeals and writ petitions filed by Bharti Airtel Ltd and other telecom operators seeking renewal or extension of their licences granted under Section 4 of the Telegraph Act, 1885. The operators argued that the licences created a contractual right to extension and that the Government’s deci…

The Supreme Court examined challenges to the 2015 Notice Inviting Application (NIA) for spectrum auction, where petitioners alleged that the minimum bidding requirements, classification of bidders and spectrum‑capping provisions violated Article 14 and created a non‑competitive environment. The Court held that the gove…

The Union of India challenged the Telecom Disputes Settlement and Appellate Tribunal’s (TDSAT) orders that defined Adjusted Gross Revenue (AGR) to include only revenue from licensed telecom activities, excluding revenue from non‑licensed activities. The issue was whether the Tribunal and the Telecom Regulatory Authorit…

The Cellular Operators Association of India and other telecom service providers challenged the Telecom Consumers Protection (Ninth Amendment) Regulations, 2015, which required service providers to credit Rs 1 to the calling consumer for each call drop (up to three per day). The Delhi High Court upheld the regulations, …

The Supreme Court examined a writ petition challenging the Government's decision to allow migration of Broadband Wireless Access (BWA) spectrum to a Unified License (UL) and the imposition of a Rs 1,658 crore migration fee and a 1% spectrum usage charge (SUC) on Reliance Jio Infocomm Ltd. The petitioners alleged that t…

The Securities and Exchange Board of India (SEBI) issued an administrative circular under Section 11(1) of the SEBI Act to curb dematerialisation charges. National Securities Depository Ltd. (NSDL) challenged the circular, arguing that it could not be appealed before the Securities Appellate Tribunal (SAT) under Sectio…

The Supreme Court examined whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) could entertain challenges to regulations made by the Telecom Regulatory Authority of India (TRAI) under Section 36 of the Telecom Regulatory Authority of India Act, 1997. It held that the power conferred on TRAI by Sectio…

Reliance Jio Infocomm Ltd (RJIL) filed an information under the Competition Act, 2002 alleging that the three incumbent dominant operators (Bharti Airtel, Vodafone India and Idea Cellular) and the Cellular Operators Association of India (COAI) colluded to deny or delay augmentation of Point of Interconnection (POI) cap…

Bharti Cellular Ltd, holder of a licence to provide cellular services in the Delhi Metro area, challenged the computation of licence fees, interest, penal interest and the unit call rate applied by the Union of India. The dispute arose from the date of commencement of the licence, the method of counting subscribers, an…

Shyam Telelink Ltd. was granted a basic telecom licence in 1998 with a requirement to commence commercial operations within twelve months. Due to technical deficiencies, permission to start operations was denied, and the Union of India offered a Migration Package in July 1999, which the company unconditionally accepted…

Loop Telecom applied for Unified Access Service Licences (UASL) for 2G spectrum and paid a non‑refundable entry fee of Rs 1454.94 crore. The Supreme Court, in Centre for Public Interest Litigation v. Union of India (CPIL), quashed the 2G licences on the ground that the First‑Come‑First‑Serve policy was arbitrary and un…

The Supreme Court examined whether the provision of telephone services by telecom operators constitutes a sale of goods, a service, or a composite contract of both, and consequently whether State governments can levy sales tax under Entry 54 of List II. The petitioners argued that the transaction is purely a service, i…

The Supreme Court examined the allocation of 2G spectrum licences by the Department of Telecommunications (DoT) between September 2007 and March 2008, which were based on Telecom Regulatory Authority of India (TRAI) recommendations to use the 2001 entry fee and a first‑come‑first‑served policy. Petitioners argued that …

The Supreme Court considered the Union of India's demand that telecom service providers (TSPs) pay Adjusted Gross Revenue (AGR) dues as determined in earlier judgments, while several TSPs were under insolvency proceedings. The Court examined whether spectrum, a natural resource licensed under the Indian Telegraph Act, …