The Cable Television Networks (Regulations) Ordinance Act, 1995
4A. Transmission of programmes through addressable system, etc.–
1[4A. Transmission of programmes through addressable system, etc.(1) Where the Central Government is satisfied that it is necessary in the public interest to do so, it may, by notification in the Official Gazette, make it obligatory for every cable operator to transmit or retransmit programme of any pay channel through an addressable system with effect from such date2 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 tier 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 of that sub-section and different members may be specified for different States, cities, towns or areas, as the case may be.
(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 programmes 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 areas, 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) Amendment 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 subscribers 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 cable operator to any broadcaster.
Explanation.—For the purposes of this section,—
(a) “addressasble 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 devices 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 the 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 construed 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.]
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Vide S.O. 39(E) dated 14th January, 2003 the Central Government notifies the 15th day of January, 2003 as the date within six months from which it shall be obligatory for every cable operator to transmit/re-transmit programmes of every pay channel through an addressable system in the areas specified below, namely:—
1. Chennai Metropolitan area; 2. Municipal Council of Greater Mumbai area; 3. Kolkata Metropolitan area; 4. National Capital Territory of Delhi.
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1. Ins. by Act 2 of 2003, sec. 2 (w.e.f. 31-12-2002).]
2. 31st December, 2006, vide S.O. 1231(E), dated 31st July, 2006, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 31st July, 2006.
The Cable Television Networks (Regulations) Ordinance Act, 1995
