ORDER :

(Aravind Kumar, J.)

1. In this petition, the vires of Regulation 12(7) of the Telecommunications (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulation, 2017 has been challenged and declaration is sought that said regulation be declared as bad in law, arbitrary and without jurisdiction and petitioner also has sought for said Regulation being declared as ultra vires of the Constitution.

2. We have heard Shri Pratik Y. Jasani, learned counsel appearing for the petitioner and Mr. Siddharth Dave, learned counsel appearing for the respondents.

3. By this petition, as noticed herein-above, the vires of Clause 12(7) of the Regulation is sought to be questioned, which reads as under :-

"12(3).

12. Interconnection Agreement between the Distributor of Television Channel and Local Cable Operators:

(4) XXXXX

(5) XXXXX

(6) XXXXX

(7) The settlement of service charge between local cable operators and multi-systems operators shall be governed by mutual agreement:

Provided that in case the multi-systems operators and the local cable operator fail to arrive at a mutual agreement for settlement of service charges, then the network capacity fee amount and the distribution fe