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Section 2 -The Cable television Networks (Regulations) Ordinance, 1995

The Cable Television Networks (Regulations) Ordinance Act, 1995

 

2. Definition —

 

In this Ordinance, 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 by determined by that Government;]

 

2(aa) “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.

 

(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 0f 1956)

 

(e) “Person” means –

 

(i) An individual who is a citizen in India

 

(ii) An association of individuals or body of individuals, whether

incorporated or not, whose members are citizens of India

 

(iii) A company in which not less than fifty one per cent of the paid up share capital is held by the citizens of India.

 

(a) “Prescribed” means by rules made under this Ordinance.

 

(b) “Programme” means any television broadcast and includes-

 

(i) Exhibition of films, features, dramas, advertisement and serials through video cassette recorders or video cassette players. (ii) Any audio or visual or audio-visual live performance or presentation, and the expression “programming service” shall be construed accordingly.

 

(a) “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 Ordinance.

 

(b) “Subscriber” means a person who receives the signals of cable television network at a place indicated by him to the cable operator, without further transmitting it to any other person.

 

COMMENTS

 

Clause (a):

“Cable Operator” means any person who-

 

(i) Provides cable service through a cable television network, or-

 

(ii) Otherwise controls the management and operation of a cable television network, or

 

(iii) Is responsible for the management and operation of a cable television network

 

Clause (b):

 

(i) Means the transmission by cables of programmes, and (ii) Includes the re-transmission by cables of any broadcast television signals.

 

Clause (h):

The Head Post Master of a Head Post Office has been notified as the Registering Authority, vide S.O. 718 (E) dated 29.9.1994

 

Clause (I):

A person who receives the signals of cable television network and further transmits such signals to any other person, cannot be called “subscriber”.

 

COMMENTS

The Head Post Master of a Head Post Office of the area within whose territorial jurisdiction the office of the cable operator is situated, has been notified as the Registering Authority, vide S.O. 718 (E), dated 29th September, 1994.

 

————————-

1. Ins. by Act 36 of 2000, sec. 2 (w.e.f. 1-9-2000).

 

2. Clause (a) re-lettered as clause (aa) by Act 36 of 2000, sec. 2 (w.e.f. 1-9-2000).

 

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The Cable Television Networks (Regulations) Ordinance Act, 1995

 

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