Reliance Jio files complaint with ASCI over Airtel"s "fastest network" claim

March 21, 2017

Mar 21: Reliance Jio has filed a complaint with Advertising Standards Council of India against (ASCI) Airtel"s claims it is "Officially the fastest" network in India. Jio has said the claim of Airtel that it is India"s fastest network is “false, misleading and incorrect”. According to the company, the methodology adopted to determine Internet speed by Ookla, the web-based network and diagnostic applications, was flawed and Jio has issued a legal notice to Ookla as well.

airteljio“Further, your attention is drawn to the words appearing in the advertisement “Officially The Fastest Network”. Ookla, LLC, is a commercial enterprise who give awards for money. They do not have accreditation from the government of India. The word “officially” when used in the context of telecom services is linked to only TRAI or the licensor DOT,” the complaint reads.

In a statement, Airtel claimed it has been rated as India"s fastest mobile network by Ookla, “the global leader in broadband testing and web-based network diagnostic applications”. “This is clearly mentioned in the ad. Ookla"s findings are based on analysis of millions of internet speed tests logged on "modern devices" by mobile customers across India using its popular Speedtest app. The results include all mobile tests, regardless of connection technology.”

Ookla COO Jamie Steven said in a statement that Speedtest is the “definitive way to measure your internet performance”. “Speedtest has been actively used billions of times, making it the dominant global leader in internet performance testing and metrics,” he added.

Reliance Jio has requested the ASCI to call upon Airtel to withdraw advertisements claiming they"re the fastest network in India, desist from using the word “official” with Airtel"s brand name as well as withdraw any reference to Ookla from their advertisements.

In the notice to Ookla, Jio has accused the company of misleading India public by certifying Airtel the “India" fastest mobile carrier”. The notice states Ookla has “purported to provide an unfair advantage to Bharti Airtel and further their business interests for you commercial gains.” Calling Ookla"s acts reckless, malicious and malafide, Jio has alleged it has caused “monetary losses” and “irreparable damage” to the company.

“It is unclear you have indulged in these actions knowing that these will harm the business and commercial interests of our client and indeed the Reliance group. Your acts have resulted in reputation of our client"s business being damaged and our client having suffered huge and continuing damages which are not capable of being qualified at this stage,” the notice reads.

Reliance Jio has called upon Ookla to remove its October 6 report claiming Airtel is the fastest network in India. It has also asked to revoke the award given by Ookla to Airtel for India"s fastest network and declare it was incorrect. Further, Jio has asked Ookla to acknowledge there are “serious and fundamental flaws” in the methodology for determining data speeds.

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Agencies
May 14,2020

Social media platform WhatsApp assured the Supreme Court on Wednesday that it will not roll out its payment services without complying with all payment regulations and norms in the country.

A bench headed by Chief Justice S.A. Bobde and comprising Justices Indu Malhotra and Hrishikesh Roy took up the matter through video conferencing. Senior advocate Kapil Sibal, representing the social media platform, said "WhatsApp Inc makes a statement on behalf of his client that they will not go ahead with the payments' scheme without complying with all the regulations in force."

The statement was made during the hearing of a petition seeking a ban on payment through WhatsApp, as it does not conform to the data localization norms. The top court took the assurance made by WhatsApp on record.

WhatsApp made the statement during the hearing of a plea seeking a ban on its payment service, for not being in line with data localization norms.

In 2018, WhatsApp was granted a beta licence to launch its payment service, but a dedicated and separate app is yet to be launched. A petition was moved in the apex court that WhatsApp's existing model for its payments service should be declared inconsistent with the Unified Payment Interface (UPI) Scheme, as a separate dedicated app has not been offered by the company.

The petitioner NGO, Good Governance Chambers, argued that the National Payments Corporation of India (NPCI) and the Reserve Bank of India (RBI) must change its model on the lines of the UPI payment scheme, and its operations may be suspended until these conditions are met.

The apex court today asked the Centre, Facebook and WhatsApp to file their replies within three weeks and it will take up the matter thereafter. The court noted that the government may process the applications filed by WhatsApp in accordance with the law and there is no stay on the same. Facebook was represented by senior advocate Arvind Datar.

The petitioner argued that lapses have been found in relation to WhatsApp's claims of having a secure and safe technological interface for securing sensitive user data.

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News Network
May 6,2020

Hyderabad, May 6: Away from city lights, two hours before Sunrise, people in India and across the world can witness Annual Meteor Shower called Eta Aquarids till May 28.

Observed since time immemorial, Meteor shower are commonly known as shooting stars which are nothing but dust flakes of comet/asteroid entering earth atmosphere.

This Annual Eta Aquarids Meteor Shower peaked on Wednesday at 02.30 am on Wednesday whereas presence of Full Moon was an obstacle outshining bright streaks of lights of this meteor shower zipping across the South Eastern sky.

As this meteor shower is active till May 28, people can still watch this celestial spectacle in early morning every day, Planetary Society of India (PSI) Director N Sri Raghunandan Kumar interacting with UNI said.

As per International Meteor Organization (IMO), 50 meteors per hour are expected to be seen on day of peak today. And this number would vary as days pass on till May 28 while earth passes through dust cloud of comet debris in its orbit.

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Agencies
June 18,2020

New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

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