R.K. Agrawal JUDGMENT
Jasti Chelameswar, J.
1. These five civil appeals Under Section 18 of the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as the "TRAI Act") and three writ petitions raise common questions. Each of the Appellants or the Petitioners, as the case may be, in these matters (hereinafter collectively referred to as 'LICENSEES') is a licensee holding a licence granted Under Section 4 of the Indian Telegraph Act, 1885 for providing TELEGRAPH services in the various earmarked service areas.
2. It appears from the judgment of this Court in Centre for Public Interest Litigation and Ors. v. Union of India and Ors. (2012) 3 SCC 1, hereinafter referred to as 2G case, that the first telegraph link in India was experimented in 1839 between Calcutta and Diamond Harbor separated by a distance of 21 miles. By an act of the British Parliament, known as the Indian Telegraph Act, 1885, the privilege of "establishing, maintaining and working of telegraphs" within the territory of British India was exclusively conferred Under Section 4 upon the Central Government - an expression which bore different meanings at different points of time in this country, the details of which may not be necessary for the purpose of this case. However, proviso to the said section enabled the Central Government to licence any person to exercise the privilege which is otherwise exclusive to the Central Government.
3. The advancement of technology made wireless communication1 possible which led to the enactment of the Indian Wireless Telegraphy Act, 1933.
4. On 28th January, 1882, Major E. Baring, Member of the Governor General's Council declared open three telephone2 exchanges in Calcutta, Bombay and Madras, marking the beginning of telephone communications in India. Over the next 133 years, there has been a mind boggling advancement in the telecommunication technology. Strangely, there is no enactment in this country dealing with the establishment and working of telephones. The 160 year old telegram system in this country was officially closed on 14th July, 2013. Ironically, the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 still continue on the statute book. By virtue of the various amendments made from time to time, these two enactments still continue to govern the entire activity of establishment, maintenance and working of telephones and various other telecommunication services.
Electromagnetic Radiation - Waves - Frequencies -Spectrum
5. 'Electromagnetic (EM) radiation is a phenomenon which occurs in the universe. Sunlight is a familiar example of EM radiation. So is the light from stars. EM radiation travels in waves at different frequencies. Frequency of a wave and its length are inversely proportional. Generally, EM radiation is classifie........