Establishment of Appellate Tribunal.
The companytention that 100 performance is demanded under the Impugned Regulation was rejected as being factually incorrect and without any basis.
Section 11 n read as under Functions of Authority 1 Notwithstanding anything companytained in the Indian Telegraph Act, 1885, the functions of the Authority shall be to n settle disputes between service providers In 2000, the Act was amended.
The High Court repelled the challenge of the appellants on both the aforesaid grounds.
The validity of the Impugned Regulation was upheld and the Writ Petitions were dismissed.
On the plea that the difficulties faced by service providers in setting up mobile towers being something beyond their companytrol, the High Court declined to enter into the said companytroversy since the High Court does number have the expertise to adjudicate on such rival claims.
The High Court sought to make a distinction between the 2 tolerance limit as being a quality parameter for the entire network area, as against companypensation provided which specifies an individual standard.
By the Amended Act, the adjudicatory function of the TRAI was taken away from it and was vested in an Appellate Tribunal.
F. Nariman, J. Leave granted.
Some prioritization schemes like MBPS, CAC, Guard Channels, Handoff Queuing and Auxiliary Stations essentially need to be incorporated by TSPs to reduce call drops.
A Writ Petition, being Writ Petition Civil No.11596 of 2015, was filed before the Delhi High Court, together with various other petitions, in which the Ninth Amendment, being the Impugned Amendment to the Regulation pointed out hereinabove, was challenged.
