Subramonimum Prasad, J. - (1.) Claiming himself to be a Secretary of various organisations, the petitioner has filed the instant writ public instant litigation to declare Notification bearing F.No.21-4/2018-B&CS dated 27/12/2018 issued by the Telecom Regulatory Authority of India and the Telecommunications (Broadcasting and Cable) Service Standards of Quality of Service and Consumer Protection (Addressable Systems) (Amendment) Regulations, 2018, (hereinafter called as Amendment Regulations) as invalid and ultra vires, violating Articles 14 and 19(1)(a) of the Constitution of India.
(2.) The Amendment Regulations, which is under challenge reads as under: F. No.21-4/2018-B&CS.----In exercise of the powers conferred by section 36, read with sub-clause (v) of clause (b) of sub-section (1) of section 11, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), read with notification of the Central Government, in the Ministry of Communication and Information Technology (Department of Telecommunications), No.39,- (a) issued, in exercise of the powers conferred upon the Central Government under clause (d) of sub-section (1) of section 11 and proviso to clause (k) of sub section (1) of section 2 of the said Act, and (b) published under notification No. S.O.44 (E) and 45 (E) dated the 9th January, 2004 in the Gazette of India, Extraordinary, Part II, Section 3,...... the Telecom Regulatory Authority of India hereby makes the following regulations to amend the Telecommunications (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 ( 2 of 2017), namely:- 1. (1) These regulations may be called the Telecommunications (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) (Amendment) Regulations, 2018 (11of 2018). (2) They shall come into force with effect from the date of their publication in the Official Gazette. 2. In regulation 45 of the Telecommunications (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 (hereinafter referred to as the principal regulations), for sub-regulation (3), the following shall be substituted, namely:- "(3) Nothing contained in these regulations shall affect any packs, plans or bouquets on offer before the commencement of these regulations and all the distributors of television channels shall continue to offer the said packs, plans or bouquets to all the subscribers till 31st January, 2019. Provided that it shall be mandatory for all the distributors of television channels to either discontinue or modify all their existing packs, plans or bouquets in compliance with the provisions of these regulations after 31st January, 2019. Provided further that all distributors of television channels shall offer and obtain the option for subscription of new packs, plans or bouquets from the subscribers in compliance with the provisions of these regulations on or before 31st January, 2019 and shall ensure that services to the subscribers are provided as per the new packs, plans or bouquets opted for subscription by the subscribers only after 31st January, 2019."
(3.) Instructions issued by the Telecom Regulatory Authority of India to all the Service Providers, Broadcasting and Cable TV Services, regarding implementation of the Regulatory Framework in pursuance to the amendment regulations, reads as under: JUDGEMENT_171_LAWS(MAD)1_2019_1.html JUDGEMENT_171_LAWS(MAD)1_2019_2.html JUDGEMENT_171_LAWS(MAD)1_2019_3.html;