الهند

THE CABLE TELEVISION NETWORKS (REGULATION) AMENDMENT ACT, 2002

ACT NO. 2 OF 2003 [31st December, 2002.]

An Act further to amend the Cable Television Networks (Regulation) Act,1995.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

1. Short title.

1. Short title.-This Act may be called the Cable Television Networks (Regulation) Amendment

Act, 2002.

2. Insertion of new section 4A.

2. Insertion of new section 4A.-In the Cable Television Networks (Regulation) Act, 1995 (7 of

1995) (hereinafter referred to as the principal Act), after section 4, the following section shall

be inserted, namely:- '4A. Transmission of programmes through addressable system, 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 opera or to

transmit or retransmit programme of any pay channel through an 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.

(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it

may, by notification in the Official Gazette, specify one or more free-to-air channels to be

included in the package of channels forming basic service tie and any 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.

(3) The Central Government may specify in the notification referred to in sub-section (2), the

number of free-to-air channels to be included in the package of channels forming basic

service tier for the purposes different States, cities, towns or areas, as the case may be. of

that sub-section and different numbers may be specified for

(4) If the Central Government is satisfied that it is necessary in the public interest so to do, it

may, by notification in the Official Gazette, specify the maximum amount which a cable

operator may demand from the subscriber for receiving the programm s transmitted in the

basic service tier provided by such cable operator.

(5) Notwithstanding anything contained in sub-section (4), the Central Government may, for

the purposes of that sub-section, specify in the notification referred to in that sub-section

different maximum amounts for different States, cities, towns or area , as the case may be.

(6) Notwithstanding anything contained in this section, programmes of basic service tier shall

be receivable by any subscriber on the receiver set of a type existing immediately before the

commencement of the Cable Television Networks (Regulation) Amendm nt Act, 2002 without

any addressable system attached with such receiver set in any manner.

(7) Every cable operator shall publicise, in the prescribed manner, to the subs-cribers the

subscription rates and the periodic intervals at which such subscriptions are payable for

receiving each pay channel provided by such cable operator.

(8) 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 an

addressable system to be attached to his receiver set for receiving programmes transmitted

on pay channel.

(9) Every cable operator shall submit a report to the Central Government in the prescribed

form and manner containing the information regarding - (i) the number of total subscribers;

(ii) subscription rates; (iii) number of subscribers receiving programmes transmitted in basic

service tier or particular programme or set of programmes transmitted on pay channel, in

respect of cable services provided by such cable operator through a cable television network,

and such report shall be submitted periodically at such intervals as may be prescribed and

shall also contain the rate of amount, if any, payable by the cab e operator to any

broadcaster. Explanation.-For the purposes of this section,- (a) "addressable system" means

an electronic device or more than one electronic devices put in an integrated system through

which signals of cable television network can be sent in encrypted or unencrypted form,

which can be decoded by the device or devi es at the premises of the subscriber within the

limits of authorisation made, on the 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

provided by a cable operator, for a single price to the subscribers of the area in which his

cable television network is providing service and such channels are receivable for viewing by

th subscribers on the receiver set of a type existing immediately before the commencement

of the Cable Television Networks (Regulation) Amendment Act, 2002 without any

addressable system attached to such receiver set in any manner; (c) "channel" means a set

of frequencies used for transmission of a programme; (d) "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 a suitable receiving equipment and the expression

"unencrypted" shall be constru d accordingly; (e) "free-to-air channel", in respect of a cable

television network, means a channel, the reception of which would not require the use of any

addressable system, to be attached with the receiver set of a subscriber; (f) "pay channel", in

respect of a cable television network, means a channel, the reception of which by the

subscriber would require the use of an addressable system, to be attached to his receiver

set.'.

3. Amendment of section 9.

3. Amendment of section 9.-In section 9 of the principal Act, the following proviso shall be

inserted, namely:- "Provided that the equipment required for the purposes of section 4A shall

be installed by cable operator in his cable television network within six months from the date,

specified in the notification issued under sub-section (1) of that section, in acco dance with

the provisions of the said Act for said purposes.".

4. Amendment of section 11.

4. Amendment of section 11.-In section 11 of the principal Act, in sub-section (1), for the

word and figure "sections 3,", the word, figures and letter "section 3, 4A," shall be substituted.

5. Amendment of section 16.

5. Amendment of section 16.-Section 16 of the principal Act shall be numbered as sub-

section (1) thereof, and after sub-section (1) as so numbered, the following sub-section shall

be inserted, namely:- "(2) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974), the contravention of section 4A shall be a cognizable offence

under this section.".

6. Amendment of section 22.

6. Amendment of section 22.-In section 22 of the principal Act, in sub-section (2), after clause

(a), the following clauses shall be inserted, namely:- "(aa) the manner of publicising the

subscription rates and the periodical intervals at which such subscriptions are payable under

sub-section (7) of section 4A; (aaa) the form and manner of submitting report under sub-

section (9) of section 4A and the interval at which such report shall be submitted periodically

under that sub-section;".

SUBHASH C. JAIN, Secy. to the Govt. of India.