Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

CABLE TELEVISION NETWORKS (REGULATION) ACT

Ministry of Law and Justice

Act nº 7 of 1995


  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Chapter 5
  • Amending Acts
  • Act nº 7 of 1995

Preamble

THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 19951

[Act, No. 7 of 1995 ]

[ 25th March, 1995]

PREAMBLE

An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-sixth year of the Republic of India as follows:-

1. published in the Gazette of India Extra, Part II, Section 3(i), dated 25th March, 1995.


Chapter 1

Section 1. Short title, extent and commencement

(1) This Act may be called The Cable Television Networks (Regulation) Act, 1995.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 29th day of September, 1994.

Section 2. Definitions

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 [(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 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;

(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;

(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 through video cassette recorders or video cassette players;

(ii) any audio or visual or audio-visual live performance or presentation,

and the expression "programme service" shall be construed accordingly;

(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;

(i) "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.

1. Inserted by Act 36 of 2000, section (w.e.f. 1-9-2000).

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


Chapter 2

Section 3. Cable television network not to be operated except after registration

No person shall operate a cable television network unless he is registered as a cable operator under this Act:

Provided that a person operating a cable television network, immediately before the commencement of this Act, may continue to do so for a period of ninety days from such commencement; and if he has made an application for registration as a cable operator under section 4 within the said period, till he is registered under that section or the registering authority refuses to grant registration to him under that section.

Section 4. Registration as cable operator

(1) Any person who is operating or is desirous of operating a cable television network may apply for registration as a cable operator to the registering authority.

(2) An application under sub-section (1) shall be made in such form and be accompanied by such fees as may be prescribed.

(3) On receipt of the application, the registering authority shall satisfy itself that the applicant has furnished all the required information and on being so satisfied, register the applicant as a cable operator and grant to him a certificate of such registration;

Provided that the registering authority may, for reasons to be recorded in writing and communicated to the applicant, refuse to grant registration to him if it is satisfied that he does not fulfil the conditions specified in clause (e) of section 2.

Section 4A. Transmission of programmes through addressable system, etc.

1[ 4 A. 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 operator to transmit or re-transmit 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 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 subsection ( 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 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 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) "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 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.]

1. Inserted by the Cable Television Networks (Regulation) Amendment Act,2002 (2 of 2003).


Section 5. Programme code

No person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code:

1[***]

1. Proviso omitted by Act 36 of 2000, section 3 (w.e.f. 1-9-2000).


Section 6. Advertisement code

No person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code.

1[* * *]

1. Proviso omitted by Act 36 of 2000, section 4 (w.e.f. 1-9-2000).


Section 7. Maintenance of register

Every cable operator shall maintain a register in the prescribed form indicating therein in brief the programmes transmitted or retransmitted through the cable service during a month and such register shall be maintained by the cable operator for a period of one year after the actual transmission or re-transmission of the said programmes.

Section 8. Compulsory transmission of Doordarshan channels

1[8. Compulsory transmission of Doordarshan channels

2[(1) Every cable operator shall re-transmit,--

(i) channels operated by or on behalf of Parliament in the manner and name as may be specified by the Central Government by notification in the Official Gazette;

(ii) at least two Doordarshan terrestrial channels and one regional language channel of a State in the prime band,

in satellite mode on frequencies other than those carrying terrestrial frequencies.

(2) The channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels.]

(3) The Prasar Bharati (Broadcasting Corporation of India) established under sub-section ( 1) of section 3 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 ( 25 of 1990) may, by notification in the Official Gazette, specify the number and name of every Doordarshan channel to be re-transmitted by cable operators in their cable service and the manner of reception and re-transmission of such channels.]

1. Substituted by Act 36 of 2000, section 5, for section 8 (w.e.f. 1-9-2000).

2. Substituted by The Cable Television Networks (Regulation) Amendment Act, 2007, dated 28.05.2007. Prior to Substitution it read as under:

( 1) Every cable operator shall, from the commencement of the Cables Television Networks (Regulation) (Amendment) Act, 2000, re-transmit at least two Doordarshan terrestrial channels and one regional language channel of a State in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies.

( 2) The Doordarshan channels referred to in sub-section ( 1) shall be retransmitted without any deletion or alteration of any programme transmitted on such channels.


Section 9. Use of standard equipment in cable television network

No cable operator shall, on and from the date of the expiry of a period of three years from the date of the establishment and publication of the Indian Standard by the Bureau of Indian Standards in accordance with the provisions of the Bureau of Indian Standards Act, 1986 (63 of 1986), use any equipment in his cable television network unless such equipment conforms to the said Indian Standard:

1[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 accordance with the provisions of the said Act for said purposes.]

1. Inserted by the Cable Television Networks (Regulation) Amendment Act,2002 (2 of 2003)


Section 10. Cable Television network not to interfere with any telecommunication system

Every cable operator shall ensure that the cable television network being operated by him does not interfere, in any way, with the functioning of the authorised telecommunication systems.

Chapter 3