In my view, it would have been unreasonable for the Board to certify this impugned Item of the proposed Tariff 22 in the absence of the necessary probative evidence, on mere guesses, speculations and approximations, especially in view of the long retroactive period covered (1996 to 2006) and the fact that, as the Board found, it is only at the end of that period that social networking and video sharing sites became popular.
PS - there was some confusion about the date of the decisions. The correct date is September 2, 2010.
They were faxed out that evening and not received by me until September 3, 2010. Accordingly, I've
amended the above.