Section 2 in The Cable Television Networks (Regulation) Act, 1995

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- 1[(a) "authorised officer" means, within his local limits of jurisdiction,-- (i) a District Magistrate, or (ii) a Sub-divisional Magistrate, or (iii) a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to be an authorised officer for such local limits of jurisdiction as may be determined by that Government;] 2[(ai) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997); (aii) "Broadcaster" means a person or a group of persons, or body corporate, or any organisation or body providing programming services and includes his or its authorised distribution agencies; (aiii) "cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network and fulfils the prescribed eligibility criteria and conditions;] (b) "cable service" means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals; (c) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers; (d) "company" means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956); (e) "person" means— (i) an individual who is a citizen of India; (ii) an association of individuals or body of individuals, whether incorporated or not, whose members are citizens of India; 3[(iii) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);] 4[(ei) "post" means a post and includes a pole, tower, standard, stay, strut, cabinet, pillar or any above ground contrivance for carrying, suspending or supporting any network infrastructure facility;] (f) "prescribed" means prescribed by rules made under this Act; (g) "programme" means any television broadcast and includes— (i) exhibition of films, features, dramas, advertisements and serials 5***; (ii) any audio or visual or audio-visual live performance or presentation, and the expression programming service shall be construed accordingly; 4[(gi) "public authority" means any authority, body or institution of local self-government constituted or established by or under— (i) the Constitution of India; (ii) any law made by Parliament; (iii) any law made by a State Legislature; (iv) any notification issued or order made by the appropriate Government, and includes any— (v) body owned, controlled or substantially financed; or (vi) non-governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;] (h) "registering authority" means such authority as the Central Government may, by notification in the Official Gazette, specify to perform the functions of the registering authority under this Act 4[within such local limits of jurisdiction as may be determined by that Government]; (i) "subscriber" means 6[any individual, or association of individuals, or a company, or any other organisation or body]who receives the signals of cable television network at a place 7[indicated by him or it] to the cable operator, without further transmitting it to any other person. 1. Ins. by Act 36 of 2000, s. 2 (w.e.f. 1-9-2000). 2. Subs. by Act 21 of 2011, s. 2, for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by Act 21 of 2011, s. 2, for sub-clause (iii) (w.e.f. 25-10-2011). 4. Ins. by s. 2, ibid. (w.e.f. 25-10-2011). 5. The words "through video cassette recorders or video cassette players" omitted by s. 2, ibid. (w.e.f. 25-10-2011). 6. Subs. by s. 2, ibid., for "a person" (w.e.f. 25-10-2011). 7. Subs. by s. 2, ibid., for "indicated by him" (w.e.f. 25-10-2011).

Title: Cable television network not to be operated except after registration

Description: No person shall operate a cable television network unless he is registered as a cable operator under this Act. 1 * * * * * 1. The proviso omitted by s. 3, ibid. (w.e.f. 25-10-2011).

Title: Registration as cable operator

Description: 1[4. Registration as cable operator.--(1) Any person who is desirous of operating or is operating a cable television network may apply for registration or renewal of registration, as a cable operator to the registering authority. (2) The cable operator shall fulfil such eligibility criteria and conditions as may be prescribed and different eligibility criteria may be prescribed for different categories of cable operators. (3) On and from the date of issue of notification under section 4A, no new registration in a State, city, town or area notified under that section shall be granted to any cable operator who does not undertake to transmit or re-transmit channels in an encrypted form through a digital addressable system. (4) An application under sub-section (1) shall be made in such form and be accompanied by such documents and fees as may be prescribed. (5) On receipt of the application, the registering authority shall satisfy itself that the applicant has furnished all the required information prescribed under sub-section (4) and on being so satisfied, register the applicant as a cable operator and grant him a certificate of registration or renew its registration, as the case may be, subject to such terms and conditions as may be prescribed under sub-section (6): Provided that the registering authority may, if it is satisfied that the applicant does not fulfil the eligibility criteria and conditions prescribed under sub-section (2) or the application is not accompanied by necessary documents or fees as prescribed under sub-section (4), and for reasons to be recorded in writing, by order, refuse to grant its registration or renewal, as the case may be, and communicate the same to the applicant: Provided further that the applicant may prefer an appeal against the order of the registering authority refusing grant or renewal of registration to the Central Government. (6) Without prejudice to the compliance of eligibility criteria for registration of cable operators, the Central Government may prescribe, having regard to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, foreign relation or contempt of court, defamation or incitement to an offence, such terms and conditions of registration including additional criteria or conditions to be fulfilled by the cable operator. (7) The Central Government may suspend or revoke the registration granted under sub-section (5) if the cable operator violates one or more of the terms and conditions of such registration: Provided that no such order of suspension or revocation shall be made without giving reasonable opportunity of being heard to the cable operator.] 1 Subs. by s. 4, ibid.,for section 4 (w.e.f. 25-10-2011).

Title: Transmission of programmes through digital addressable systems, etc.

Description: 1[4A. Transmission of programmes through digital addressable systems, etc.-- (1) Where the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, make it obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through a digital addressable system with effect from such date as may be specified in the notification and different dates may be specified for different States, cities, towns or areas, as the case may be: Provided that the date specified in the notification shall not be earlier than six months from the date of issue of such notification to enable the cable operators in different States, cities, towns or areas to install the equipment required for the purposes of this sub-section. (2) The Central Government may prescribe appropriate measures and take such steps as it may consider necessary for implementation of the notification issued under sub-section(1). (3) If the Central Government is satisfied that it is necessary in the public interest so to do, and if not otherwise specified by the Authority, it may direct the Authority to specify, by notification in the Official Gazette, one or more free-to-air channels to be included in the package of channels forming basic service tier and any one or more such channels may be specified, in the notification, genre-wise for providing a programme mix of entertainment, information, education and such other programmes and fix the tariff for basic service tier which shall be offered by the cable operators to the consumers and the consumer shall have the option to subscribe to any such tier: Provided that the cable operator shall also offer the channels in the basic service tier on a la carte basis to the subscriber at a tariff specified under this sub-section. (4) The Central Government or the Authority may specify in the notification referred to in sub-section (3), the number of free-to-air channels to be included in the package of channels forming basic service tier for the purposes of that sub-section and different numbers may be specified for different States, cities, towns or areas, as the case may be. (5) It shall be obligatory for every cable operator to publicise the prescribed information including but not limited to subscription rates, standards of quality of service and mechanism for redressal of subscribers' grievances in such manner and at such periodic intervals as may be specified by the Central Government or the Authority for the benefit of the subscriber. (6) The cable operator shall not require any subscriber to have a receiver set of a particular type to receive signals of cable television network: Provided that the subscriber shall use a digital addressable system to be attached to his receiver set for receiving programmes transmitted on any channel. (7) Every cable operator shall provide such information relating to its cable services and networks in such format and at such periodic intervals to the Central Government or the State Governments or the Authority or their authorised representatives, as may be specified by them from time to time. (8) All actions taken by the Central Government or the Authority in pursuance of the provisions of this section as they stood immediately before the 25th day of October, 2011shall continue to remain in force till such actions are modified as per the provisions of this Act. Explanation.--For the purposes of this section,-- (a) "addressable system" means an electronic device (which includes hardware and its associated software) or more than one electronic device put in an integrated system through which signals of cable television network can be sent in encrypted form, which can be decoded by the device or devices, having an activated Conditional Access System at the premises of the subscriber within the limits of authorisation made, through the Conditional Access System and the subscriber management system, on the explicit choice and request of such subscriber, by the cable operator to the subscriber; (b) "basic service tier" means a package of free-to-air channels to be offered by a cable operator to a subscriber with an option to subscribe, for a single price to subscribers of the area in which his cable television network is providing service; (c) "encrypted", in respect of a signal of cable television network, means the changing of such signal in a systematic way so that the signal would be unintelligible without use of an addressable system and the expression "unencrypted" shall be construed accordingly; (d) "free-to-air channel", in respect of a cable television network, means a channel for which no subscription fee is to be paid by the cable operator to the broadcaster for its re-transmission on cable; (e) "pay channel", in respect of a cable television network, means a channel for which subscription fees is to be paid to the broadcaster by the cable operator and due authorisation needs to be taken from the broadcaster for its re-transmission on cable; (f) "subscriber management system" means a system or device which stores the subscriber records and details with respect to name, address and other information regarding the hardware being utilised by the subscriber, channels or bouquets of channels subscribed to by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation or deactivation dates and time for any channel or bouquets of channels, a log of all actions performed on a subscriber's record, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriber for each billing period.] 1 Subs. by Act 21 of 2011, s. 5, for section 4A (w.e.f. 25-10-2011).

Title: Right of way for cable operators and permission by public authority

Description: 1[4B. Right of way for cable operators and permission by public authority.--(1) Subject to the provisions of this Act, any cable operator entitled for providing cable services may, from time to time, lay and establish cables and erect posts under, over, along, across, in or upon any immovable property vested in or under the control or management of a public authority. (2) Any public authority under whose control or management any immovable property is vested may, on receipt of a request from a cable operator permit the cable operator to do all or any of the following acts, namely:-- (a) to place and maintain underground cables or posts; and (b) to enter on the property, from time to time, in order to place, examine, repair, alter or remove such cables or posts. (3) The facility of right of way under this section for laying underground cables, and erecting posts, shall be available to all cable operators subject to the obligation of reinstatement or restoration of the property or payment of reinstatement or restoration charges in respect thereof at the option of the public authority. (4) When a public authority in public interest considers it necessary and expedient that the underground cable or post placed by any cable operator under the provisions of this section should be removed or shifted or its position altered, it may require the cable operator to remove it or shift it or alter its position, as the case may be, at its own cost in the timeframe indicated by the public authority. (5) The Central Government may lay down appropriate guidelines to enable the State Governments to put in place an appropriate mechanism for speedy clearance of requests from cable operators for laying cables or erecting posts on any property vested in, or under the control or management of, any public authority and for settlement of disputes, including refusal of permission by the public authority. (6) Any permission granted by a public authority under this section may be given subject to such reasonable conditions as that public authority thinks fit to impose as to the payment of any expenses, or time or mode of execution of any work, or as to any other matter connected with or related to any work undertaken by the cable operator in exercise of those rights. (7) Nothing in this section shall confer any right upon any cable operator other than that of user for the purpose only of laying underground cable or erecting posts or maintaining them.] 1. Subs. by Act 21 of 2011, s. 5, for section 4A (w.e.f. 25-10-2011).

CHAPTER 1 PRELIMINARY