(1.) This Writ Petition is filed in public interest by the Citizens Welfare Society, Durgabai Deshmukh Colony, Bagh Amberpet, Hyderabad, represented by its General Secretary, to declare the action of the respondents, in compelling Cable T.V. subscribers to purchase set top boxes (STB for short) and in threatening cable operators not to carry on the existing analog form of transmission with effect from the dates mentioned in the notification, as unlawful and in violation of Articles 14, 19 and 21 of the Constitution of India; and to consequently direct the respondents not to stop transmission of T.V. channel signals in analog form, and to implement the digital addressable system transmission along with analog form.
(2.) Facts, to the extent necessary, are that hitherto broadcasters of TV channels were transmitting their programmes in analog form i.e., a natural form of signals; subsequently, an artificial mode of transmission of TV signals called the digital addressable system (DAS for short) was introduced; under the DAS method, signals of T.V. channels are transmitted in an encrypted form (defaced form) which is then decrypted by the STB attached to the T.V. sets at the subscribers residence since the signals, transmitted through DAS, cannot be received directly by the Television sets. While transmission of signals in an analog form does not require an STB, signals transmitted through DAS require an STB for the signals to reach the T.V. sets. STB is required only by those subscribers with cable connections who seek to view a larger number of channels under DAS. A set top box is not required for cable subscribers who are satisfied with the limited number of T.V. channels made available to them by local cable T.V. operators through the analog form of signals. The object of DAS is to facilitate transmission of a larger number of channels, within a lesser band width, to overcome the shortcomings in the analog form of signals. Parliament introduced DAS which enables subscribers to receive hundreds of T.V. channels unlike in the analog form. The Cable Television Networks (Regulation) Act, 1995 (the 1995 Act for short), was amended by Act 21 of 2011 with effect from 25.10.2011. The Central Government issued notification dated 11.11.2011 directing all cable operators to introduce DAS within a specified time frame, which period was extended from time to time. Under Phase-III, the time limit was extended upto 31.01.2017 and, under Phase-IV upto 31.03.2017.
(3.) It is the case of the petitioner that, consequent on amendment of Section 4A of the 1995 Act, every cable operator is obligated to adopt the DAS method along with the existing transmission system in an analog form; while maintaining transmission through DAS is obligatory, Section 4-A of the 1995 Act does not disable Cable T.V. Operators from transmitting signals in an analog form, in addition to transmission of signals through DAS; this amendment of Section 4-A is intended to facilitate both analog and DAS subscribers; while the areas, within the limits of the Hyderabad Municipal Corporation, fall under Phase-II, the areas located beyond the erstwhile Hyderabad Municipal Corporation limits, but which are now brought within the limits of the Greater Hyderabad Municipal Corporation, fall under Phase-III; while matters stood thus, a notice was issued by the first respondent on 22.12.2016 informing all Chief Secretaries that, on account of the on going Court proceedings, it was decided that broadcasters, Multi-System Operators (MSOs for short), Local Cable Operators (LSOs for short) would be allowed further time upto 31.01.2017, after which no analog signal shall be carried in Phase-III areas, and no further extension shall be given. It is this notice dated 22.12.2016 which is subjected to challenge in this Writ Petition.
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