Commentary on Sections Part 2: Networks, Services and the Radio Spectrum Chapter 3: Disputes and Appeals Section 195: Decisions of the Tribunal
422.The CAT is to decide an appeal on the merits, and then decide the appropriate action to be taken by the maker of the decision that is being appealed. Where an appeal is made against a decision under section 109 (restrictions and conditions subject to which the electronic communications code applies), the CAT must decide the appeal in accordance with the principles of good administration. The CAT’s decision should be communicated to the original decision-maker along with directions regarding the implementation of the CAT’s decision. However, the CAT cannot require the original decision-maker to take any action that he would not otherwise have the power to take.