THE CABLE TELEVISION NETWORKS
(REGULATION) AMENDMENT BILL, 2002

A BILL
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. This act may be called the Cable Television Networks (Regulation) Amendment Act 2002 Short Title
2. In the Cable Television Networks (Regulation) Act, 1995 (hereinafter referred to as the principal Act) after section 4, the following section shall be inserted, namely: - Insertion of new section 4A
'4A. (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 Gazzette, make it obligatory for every cable TV operator 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. Transmission of programmes through addressable systems, etc
(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 Gazzette, specify one or more free to air channels to be included in the package of channels forming the 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, and education, and such other programmes.
(3) The Central government may specify in the notification referred to in subsection (2), the number of free to air channels to be included in the package of channels forming basic service tier for the purpose of that sub-section and different numbers 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 Gazzette specify the maximum amount which a cable operator may demand from the subscriber for receiving the programmes transmitted in the basic sercvice tier provided by such cable operator.
(5) Notwithstanding anything contained in the sub- section (4), the Central Government may, for the purposes of that sub- section, specify in a 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 after 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 customer 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 purpose of this section:-
 
......(a) "addressable system" means and 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 subscribers, 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 Network (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 signals in a systematic way so that the signal would be unintelligible without a 0suitable receiving equipment and the expression "unencrypted" shall be construed accordingly.

......(e) "free-to-air channel", in respect of a cable television network means that a channel, the reception of which would not require the use of an addressable system to be attached with the receiver set of the 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. In section 9 of the principal Act, the following provision shall be inserted, namely:- Amendment of section 9
"Provided that the equipment required for the purposes of section 4A shall be installed by the cable operator in his CATV network within six months from the date, specified in the notification issued under sub-section (1) of section 4A in accordance with the provisions of the said Act for the said purposes".  
4. In section 11 of the principal Act in the sub-section (1), after the word and figure " section 3", the figure and letter " 4A", shall be inserted. Amendment of section 11
5. 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, the contravention of section 4A shall be a cognisable offence under this section".
Amendment of section 16
6. In section 25 of the principal Act in sub-section (2),-
....(i) afte 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 under that sub-section".
Amendment of section 22

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