Gauhati HC asks Assam power Distribution Company to relook at cable ops’ demands

The Gauhati High Court has disposed of the writ petition filed by the Greater Guwahati Cable TV Operators Association (GGCTOA) and has also set aside the Assam Power Distribution Company Limited’s (APDCL) 17 December decision to reject GGCTOA’s representation without providing relevant reasons. 

The HC has put the ball back in the APDCL’s court by directing it to relook at the representation and take a fresh decision after hearing all the parties.

While asking the APDCL authority to dispose of the matter before 28 February, the HC asked the GGCTOA to pay Rs. 10 per pole as charges in the interim till a final decision is taken by the authority. 

The GGCTOA, which represents the local cable operators (LCOs) in Guwahati, had made a representation before the APDCL to roll back its notice dated 25 September wherein it had hiked the charges for utilise of electric poles to Rs. 25 from Rs. 10. 

The association’s contention was that the increase in charges not only puts unnecessary burden on LCOs but is also in contravention of the Cable TV Network Regulation Act which gives Right to Way to the LCOs to utilise public property for the purpose of providing cable TV services. 

The GGCTOA had argued that under the Right To way no charges should be levied against the LCOs for using electricity poles. 

“Considering the matter in its entirety and in view of the fact that the impugned communication dated 17.12.2013 is not informed of any reason the writ petition is disposed of by setting aside the said communication dated 17.12.2013 remanding the matter back to the APDCL authority for a fresh decision in the matter considering all the points urged in the representation dated 22 October and the points that the petitioner might consider afresh,” the HC said in its order. 

“It will be appropriate for the authority of the APDCL to dispose of the said representation upon hearing the parties involved or their representative by a speaking order and disclosing the decision for the same.” 

“Let the required exercise be carried out as expeditiously as possible preferably within 28.02.2014, subject, however, to the condition that the petitioner shall pay a charge of Rs. 10 per pole for a period of one month till 28.0202014,” the HC stated. 

The HC also said that in case the APDCL rules in favour of the GGCTOA, the Rs. 10 charge that the LCOs will pay in the interim will be adjusted with future charge, if any, or refunded. 

In the event, the APDCL decides against the GGCTOA, the latter can pursue legal remedy and all the points raised in the writ petition and urged before the court will remain open for adjudication. 

“Our negotiation with APDCL as per order of Court for amicable settlement will cover this issue as prime agenda,” GGCTOA general secretary Mohammed Iquebal Ahmed said.

Source: TelevisionPost 03/02/2014

Source: http://cablequest.org/news/cable-news/item/4205-gauhati-hc-asks-assam-power-distribution-company-to-relook-at-cable-ops%E2%80%99-demands.html