Legal Analysis

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  • Topic: Law, Communications in India, Telegraphy
  • Pages : 3 (502 words )
  • Download(s) : 79
  • Published : May 14, 2013
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* Legal analysis
* “Telecommunications” falls under the legislative competence of the Union and not the States. Consequently the Legal framework governingTelecommunication Sector is within the control ofthe Union Government and the Parliament.In India Legal framework, covering telecomsector include various services like internet, radiopaging, voice mail, V sat communications, ECommerce, broadcasting services etc. Indian Legal framework with respect to telecominfrastructure is made up of five main acts * The Legal Framework isprovided by: The Indian Telegraph Act 1885.The Wireless Telegraphy Act 1933. The Telegraph Wires (Unlawful Possession) Act1950. The Cable Television Network (Regulation) Act1996. * The genesis of the Telecommunication RegulatoryAuthority of India (TRAI) lies in the bidding process for thegrant of cellular licenses. First major dispute, entered into by TRAI, was betweenitself and The Central Government.The question of grant or amendment of a license by theCentral Government acting in its capacity as the licensor fallsoutside the jurisdiction of the powers of TRAI.The TRAI Act which was amended and passed in 2000and the framework relating to the TRAI currently in forcehave been analyzed subsequently * According to the TRAI act amended in 2000, the functions ofthe original TRAI have now been divided between twoseparate bodies.The Telecom Regulatory Authority of India (TRAI).The Telecom Disputes Settlement and Appellate Tribunal.The Recommendatory and Regulatory functions are vestedwith the TRAI while dispute settlement functions are handledby the Appellate Tribunal -------------------------------------------------

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