Multi system operator (MSO) Kal Cables has withdrawn its appeal against the Telecom Regulatory Authority of India’s (TRAI) show cause notice dated 12th December 2019.
Kal Cables’ counsel attempted to justify the filing of the present appeal, although the impugned document is only a show-cause notice asking the MSO to show cause within 15 days from the receipt of issue of notice as to why action should not be initiated against it as per provisions of the TRAI Act for non-compliance of certain orders and regulations issued by TRAI.
The tribunal noted that when the Paragraph-10 of the statement, which reads that the authority is of the view that the appellant has failed to comply with the provisions of the QOS Regulations 2017 and Tariff Order 2017, is read conjointly with paragraph-11, it is clear that the aforesaid view is only a prima-facie view and, therefore, the appellant has been asked to show cause.
Kal Cables counsel submitted that in view of aforesaid interpretation of the Show Cause Notice, he may be permitted to withdraw this appeal but with a liberty to approach TRAI for obtaining copies of certain documents referred to in the Show Cause Notice and then on receipt of those documents, appellant may be given one week’s time to file its reply to the Show Cause Notice.
Learned counsel for the TRAI has no objection, provided the appellant approaches TRAI within two days for copies of any document referred to in the Show Cause Notice. The tribunal stated that only those documents need to be supplied to the appellant which are mentioned in the Show Cause Notice and which are available with TRAI.
It is also made clear that the appellant will be at liberty to file its reply to the Show Cause Notice within one week from the date of receipt of relevant documents or from the date of communication from TRAI rejecting the prayer for any document(s).
“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 The appeal is disposed of as withdrawn but with the aforesaid directions,” the order reads.