RADIO MID DAY WEST INDIA LTD ACTING THROUGH S K AKHTAR THE AUTHORIZED SIGNATORY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Sections 14 (a)(i) and 14(A)(1) of the Telecom Regulatory Authority of India Act, 1997, the petitioner has challenged the allocation of a new frequency to the petitioner in place of the frequency it was allocated earlier for broadcast on FM Radio Broadcasting Channel at Mumbai by the Union of India. The petitioner held a license to broadcast from FM Radio at Mumbai for which frequency 92.5 MHz had been allocated to it. The petitioner has been broadcasting on the said frequency in Mumbai since the year 2002. BY the impugned memos/letters dated 28.06.2006 and 21.07.2006 the petitioner has been directed to vacate the said FM Radio frequency 92.5 MHz and has instead been offered frequency 94.3 MHz for broadcast in Mumbai. This new frequency offered to the petitioner is the same as frequency allocated to it for the cities of Delhi, Chennai, Calcutta, Bangalore and Pune while for the city of Ahmedabad, the petitioner has been allocated frequency 95 MHz.

(2.) Until the year 2000 All India Radio was the sole operator for Radio broadcasting in India. In that year the Government of India decided to open broadcasting on the FM Band to private sector and invited bids for setting up Radio Stations in various cities. The petitioner participated in the process which is described as Phase-I of the Licensing Policy and obtained a license to set up Radio Station in Mumbai on 13th October, 2000. Broadcast started in April, 2002. In April, 2005 the Government of India migrated from fixed licence fee regime to a revenue sharing model in the Radio Broadcasting Industry. With a view to broadening the operations of FM Radio to other cities of the country and inviting greater private participation the respondents offered to make available several frequencies. The policy was known as "Policy on Expansion of FM Radio Broadcasting Services through Private Agency Phase-II". Under the said policy various new frequencies became available for private players. Option was also given to Radio Broadcasters under Phase I like the petitioner to participate in Phase II regime. The petitioner accordingly applied for licenses to operate in other cities. The petitioner got licenses for the cities of Delhi, Bangalore, Ahmedabad, Pune, Chennai and Kolkata and frequency 94.3 MHz was allocated to the petitioner for all the cities except the city of Ahemdabad for which it was allocated frequency 95 MHz. The petitioner wanted frequency 92.5 MHz for all the cities as it was already broadcasting in Mumbai on it. However, it was allocated another frequency. But the petitioner does not make any grievance about the same in this petition.

(3.) IN reply the learned Additional Solicitor General appearing for the Union of INdia drew our attention to Schedule A to the license granted in favour of the petitioner according to which "Channel Identity" means the name of the FM Station as approved by the licensor for the particular station. On this basis he submitted that it is the name which is important in the trade and not the number of the frequency. He further produced a letter dated 21st June, 2006 from the respondent to the petitioner permitting the change of brand identity of the petitioner from "Go92.5FM" to "Radio One (1)". From the said letter it appears that on petitioner's request for change of the brand name was not objected to by the Government. He submitted that this shows that petitioner is concerned about the brand name only and frequency number is not part of the brand name.