HOTEL AND RESTAURANT ASSOCN Vs. STAR INDIA PVT LTD
LAWS(SC)-2006-11-99
SUPREME COURT OF INDIA
Decided on November 24,2006

HOTEL AND RESTAURANT ASSOCN. Appellant
VERSUS
STAR INDIA PVT. LTD. Respondents





Cited Judgements :-

RADHEY SHYAM SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2007-12-172] [REFERRED TO]
BHARAT SANCHAR NIGAM LIMITED VS. TELECOM REGULATORY AUTHORITY OF INDIA [LAWS(SC)-2013-12-11] [REFERRED TO]
TRITON CORP. PVT. LTD. VS. KARNATAKA BANK LTD. [LAWS(DLH)-2010-9-371] [REFERRED TO]
MAQSOOD AKHTAR AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-12-35] [REFERRED TO]
STAR INDIA PRIVATE LIMITED VS. M/S NOIDA SOFTWARE TECHNOLOGY PARK LIMITED & ORS [LAWS(DLH)-2016-1-113] [REFERRED TO]
APEEJAY SURRENDERA PARK HOTELS LTD. AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-3-165] [REFERRED TO]
RELIANCE INFRASTRUCTURE LIMITED VS. MAHARASHTRA ELECTRICITY [LAWS(ET)-2012-5-4] [REFERRED TO]
ADANI POWER LIMITED VS. GUJARAT ELECTRICITY REGULATORY [LAWS(ET)-2012-2-10] [REFERRED TO]
MADHYA PRADESH POWERGENERATION VS. MADHYA PRADESH ELECTRICITY [LAWS(ET)-2012-3-11] [REFERRED TO]
JETLITE (INDIA) LTD. VS. COMMISSIONER OF C.EX. [LAWS(CE)-2010-12-1] [REFERRED TO]
POWER GRID CORPORATION OF INDIA LIMITED VS. BIHAR STATE ELECTRICITY BOARD, PATNA AND ORS. [LAWS(APTE)-2013-1-16] [REFERRED TO]
NTPC LIMITED VS. WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA AND ORS. [LAWS(APTE)-2012-10-22] [REFERRED TO]
COMMR. OF CUS. (PORT), KOLKATA VS. GOEL AIRSHRINK (INDIA) LTD. [LAWS(CE)-2007-7-121] [REFERRED TO]
TAJ TELEVISION (INDIA) PRIVATE LIMITED VS. VEEN A CABLE NETWORK & ANR [LAWS(HPCDRC)-2010-10-4] [REFERRED TO]
U P POWER CORPORATION LTD VS. NATIONAL THERMAL POWER CORPORATION LTD [LAWS(SC)-2009-3-156] [REFERRED TO]
STAR INDIA PRIVATE LIMITED VS. DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION [LAWS(MAD)-2018-3-42] [REFERRED TO]
STAR INDIA PRIVATE LIMITED VS. DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION & ORS [LAWS(SC)-2018-10-115] [REFERRED TO]


JUDGEMENT

- (1.)Appellants are members of Hotel Association of India and Hotel & Restaurant Owners Association (Western India), EIH Limited and Eastern International Hotels Ltd. The members of Hotel Association of India are owners of big hotels whereas the members of Hotel & Restaurant Owners Association (Western India) are owners of small hotels. They provide television services to their guests. Respondents herein are broadcasters or distributors. The television services provided for by the broadcasters to the actual consumers are carried through distribution of Cable or Multi System Operators (MSOs). Whereas ordinarily in the small hotels cable operators give signal to all the rooms wherefor separate charges are levied; the services provided in the big hotels are through an equipment installed for the said purpose known as Head End. The signals are received through satellites. They have contracts with the broadcasters directly.
(2.)The Parliament enacted the Cable Television Networks (Regulation) Act, 1995 (for short "the 1995 Act") to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto.
"Cable operator", "cable service" and "cable television network" as defined in Section 2 of the 1995 Act read as under:

"(aa) "cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network;

(b) "cable service" means the transmission by cables of programmes including re-transmission by cable of any broadcast television signals;

(c) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers;"

(3.)Chapter II of the 1995 Act provides for cable television network to be operated only upon registration thereof. Section 4-A of the 1995 Act provides for transmission of programmes through addressable system. Some regulations in regard to the operation of cable operators are provided for in the 1995 Act. Sub-section (9) of Section 4-A which is relevant for our purpose reads as under:
"(9) Every cable operator shall submit a report to the Central Government in the prescribed form and manner containing the information regarding --

(i) the number of total subscribers;

(ii) subscription rates;

(iii) number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of programmes transmitted on pay channel,

in respect of cable services provided by such cable operator through a cable television network, and such report shall be submitted periodically at such intervals as may be prescribed and shall also contain the rate of amount, if any, payable by the cable operator to any broadcaster."



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