Page 48 of 82 realized for such service, and until the tariff is approved by the Commission, the operator shall not start providing the service or realizing charges for the service. (2) While submitting a tariff under sub-section (1), the operator shall also furnish the justification therefor . (3) Where the Commission approves the tariff, it shall publish the approved tariff in such form and in such manner as it may specify in this behalf, and may also include additional information if considered necessary. (4) Within 60 (sixty) days after a tariff is submitted, the Commission shall(a) approve the tariff with or without modification, or substitute an alternative tariff, or direct the operator to submit an alternative tariff; (b) reject the tariff within the said 60 (sixty) days and shall, within 15 (fifteen) days of the rejection, inform the operator of such decision and the reasons therefor ; or (c) if it does not take a decision under clause (a) or (b), publish, within the said 60 (sixty) days or within the next 15 (fifteen) days, the fact of no-decision for public information, and shall also specify the time-limit within which it intends to take decision; and such delay shall not exceed 60 (sixty) days. 49. Principles of determination of tariff by Commission.- (1) The Commission shall, in determining or approving a tariff, follow the general principles as specified below:(a) the tariff shall be fair and reasonable; (b) the charges shall be equally applicable to the various persons providing a particular service or to the persons taking that service; (c) if an operator provides more than one service, but there exists competition in the market in providing one of such services and no competition in case of another service provided by him, then(i) subsidy from the earnings of the service which is subject to competition shall not be allowed for the other service which is not subject to competition; BTRC-TelecomLaw2001.doc 48 - 48 -

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