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 -