JUDGEMENT
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(1.) The petitioner is a Multi System Operator, within the meaning of Rule 2(c) of the Cable Television Networks Rules, 1994. They are engaged in the business of securing signals from Television Channels and distributing them through Cable Operators, to the end users. The petitioner was granted permission to operate as Multi System Operator, first in the city of Chennai, in the area notified under Section 4-A of Cable Television Networks (Regulation) Act, 1995 read with Rule 11(2) of the Cable Television Networks Rules, 1994, by an order dated 30.09.2006 issued by the Ministry of Information and Broadcasting of the Government of India. The permission was, as seen from the order dated 30.09.2006, granted provisionally and was made subject to security clearance by the Ministry of Home Affairs. The permission was also subject to adherence to certain terms and conditions stipulated in the order itself. The order granting permission also made it clear that the Ministry was entitled to revoke or suspend or terminate/cancel the permission granted forthwith and without any advance notice, if it was found that the petitioner had provided wrong/misleading/incorrect information in the application form or found to be violating the provisions of the Act.
(2.) After the switching over to the Digital Addressable System from Cable Access System, the 1995 Act underwent sweeping changes and the Central Government became entitled to make it obligatory for every Cable Operator to transmit or retransmit programmes to any channel in an encrypted form through a Digital Addressable System, if the Government was satisfied that it was necessary so to do in public interest.
(3.) As a consequence of the amendment, the Central Government also amended the Cable Television Networks Rules, 1994 under SO 940(E) dated 28.04.2012. By this amendment, Rule 11 as it originally stood under the 1994 Rules, was replaced by Rules 11-A to 11-F.;
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