The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 the information of the viewers also. In the present case, there is a right of the viewers and also the right of the producer to telecast the event and in view of these two rights, there is an obligation on the part of the Department of Telecom- munication to allow the telecasting of the event. 68. It is then contended that the grant of a licence under section 4 of the Act is a regulatory measure and does not entitle MIB either to deny a license to BCCI/ CAB for the purposes of production, transmission and telecasting sports events or to impose any condition unrelated to Article 19 [2]. If such denial or imposition is made, it would amount to a prohibition. Hence the NM is obliged and dutybound in law to grant licence against payment of fees related to and calculated on the basis of user of time only, as has been standardized and not otherwise. Any other method applied by MIB/DD would be violative of Article 19 [1] (a). The grant of license under section 4 of the Act has thus to be harmoniously read with the right of the citizen under Article 19 [1] (a). The Constitution does not visualize any monopoly in Article 19 [1] (a). Hence DD cannot claim the same nor can the commercial interest of DD or claim of exclusivity by it of generation of signals be a ground for declining permission under section 4 of the Act. Hence the following restrictions sought to be imposed fall outside the ambit of Article 19(2) and are unconstitutional. The restrictions are: (a) That unless BCCI or CAB televises the matches in collaboration with DD, a license shall not be granted. (b) The DD alone will be the host broad- caster of the signals and BCCI/CAB or its agency must take the signal from DD alone and (c) Unless the BCCI or CAB accepts the terms and conditions imposed by DD, the production of signal and transmission and telecast thereof shall not be permitted. 69. It is further contended that there is no monopoly in relation to what viewer must today view and the American decisions relied upon on behalf of MIB have no bearing on the present state of affairs. Satellite can beam directly on to television sets through dish antenna, all programmes whose footprints are receivable in the country. Further, any one can record a programme in India and then telecast it by sending the cassette out as is being done in the case of several private TV channels. Various foreign news orga- nizations such as the BBC and the CNN record directly Indian events and then transmit their own signals after a while to be telecast by their organizations. 70. Further, the non-availability of channel is of no consequence in the present days of technological development. Any person intending to telecast/broadcast an event can do so directly even without routing signal through the channels of DD or MIB. What is required to ensure is that the secured channel are not interfered with or overlapped. On account of the availability of innumerable satellites in the Geo-Stationary Orbit of the Hemisphere, the signals can directly be uplinked through any of the available transponders of satellite whose footprints can be received back through appropriate electronic device. As a matter of fact, beaming zone of only 3 satellites parked 3000 Kms. above the surface of the earth can cover the entire Hemisphere. Moreover, due to technological developments, frequency is becoming thinner and thinner and as a result, availability of frequencies has increased enormously and at present there are millions of frequencies available. In order to Indian Kanoon - http://indiankanoon.org/doc/539407/ 34