R.K.MERATHIA, J. - (1.) HEARD the parties for final disposal.
(2.) THE main question involved in this case is as to whether in view of Clause 3.2 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 ("Regulation" for short), petitioner can be compelled to supply Television Signals to the distributors of T.V. Channels -Cable Operators, with whom there is dispute inter alia with regard to the dues; on the purported ground of Law and Order problem or public interest. The relevant facts, in short, are as follows. Petitioner is a multi -system operator. The sixteen interveners are the Cable Operators to whom T.V. Signals were/are used to be provided by the petitioner against payment of the charges. Dispute arose between the petitioner and the interveners over payment of dues. They sought to establish and run their own control room. The interveners approached one MLA, who directed the Deputy Commissioner, who in turn, directed the S.D.O. to look into the matter and then S.D.O. intervened. Petitioner objected to the same on account of the dispute about the dues and sought permission to stop the T.V. Signals to the Cable Operators till the dues are cleared. The Cable Operators undertook to clear the dues and on such undertaking petitioner was directed by the S.D.O. not to stop T.V. Signals. He further directed the parties to settle/get their disputes decided by the competent authority before whom the disputes of some of the Cable Operators were pending and till then the Cable Operators were allowed to operate through their new control room but they were directed not to secure T.V. Signals from any other Cable Operators without permission of the local administration.
(3.) MR . Kalyan Roy, appearing for the petitioner, submitted that there is no provision under which the petitioner is bound to provide T.V. Signals to the defaulting Cable Operators. If they had any dispute with regard to payment of the dues and other matters, they could approach the competent authority i.e. Telecom Disputes Settlement and Appellate Tribunal ("the tribunal" for short) but they moved the S.D.O. When the S.D.O. tried to mediate, they agreed to pay the dues but did not pay and now huge amounts are due from them.;