( 1 ) THIS common Order would cover the above mentioned two Petitions. In these Petitions the Telecommunication Interconnection (Charges and Revenue Sharing - First Amendment) Regulation 1999 dated 17th September 1999 and the Telecommunication Tariff (Fifth Amendment) Order 1999 also dated 17th September, 1999 have been impugned on various grounds. One of the common grounds in both the Petitions, is that the Telecom Regulatory Authority of India (hereinafter called the Authority) does not have any power to issue any Regulation which affect the rights of individuals under contracts or which seeks to override terms and conditions of licenses issued by the Central Government to various parties.

( 2 ) IT must be mentioned that the tariffs and charges laid down by the Authority are also being questioned on various other grounds. However, all parties have agreed that the question whether the Authority has power, be first decided Parties have agreed that if this Court holds that the Authority has power then the Authority will consider all objections and suggestions of all the parties and thereafter decide afresh whether or not the impugned Regulation and Tariff Order