( 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 require any variation. Therefore, for the present, all parties have restricted their arguments only on the question as to whether or not the Authority has power to issue Regulations as set out hereinabove.

( 3 ) THE Authority s been established under The Telecom Regulatory Authority of India Act, 1997 (the said Act ). The statement of objections and reasons sets out that the Act is enacted for the establishment of Telecom Regulatory Authority of India to regulate the telecommunication services and for matters connected therewith. Even though this may be the statement of objects and reasons ultimately one has to look at the provisions of the said Act to see what functions and powers are given to the Authority. It will thus be necessary to set out the relevant provisions of the said Act.

( 4 ) SECTION 2 (e) provides that a Licensee means any person who is licensed under sub-Section (1) of Section 4 of the Indian Telegraph Act, 1985 for providing specified telecommunication services Thus it is to be seen that licenses are not issued under this Act but under the Indian Telegraph Act, 1985.

( 5 ) SECTION 2 (j) defines a service provider" as meaning the Government and including a licensee.

( 6 ) SECTION 2 (k) defines "telecommunication Services" as follows:-

"telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means but shall not include broadcasting services. "

( 7 ) SECTION 11 provides the functions of the Authority. It reads as under:-

"functions of Authority - (1) Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the functions of the Authority shall be to-

(A) recommend the need and timing for introduction of new service provider;

(B) recommend the terms and conditions of licence to a service provider;

(C) ensure technical compatibility and effective inter-connection between different service providers;

(D) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services;

(E) ensure compliance of terms and conditions of licence;

(F) recommend revocation of licence for non-compliance of terms and conditions of licence;

(G) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers;

(H) facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services;

(I) protect the interest of