GOVERNMENT OF KERALA

Law (Leg-Publication) Department

NOTIFICATION

No. 22250/Leg.Pbn.4/2011/Law. Dated, Thiruvananthapuram, 10th November 2011.

The following Ordinance promulgated by the President and published in the

Gazette of India Extraordinary, Part II, Section I dated the 25th day of October,

2011 is hereby republished for general information.

By order of the Governor,

C. P. RAMARAJA PREMA PRASAD,

Law Secretary.

Kerala Gazette No. 48 dated 6th December 2011.

PART I

Section i

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 25th October, 2011/Kartika 3, 1933 (Saka))

THE CABLE TELEVISION NETWORKS (REGULATION)

AMENDMENT ORDINANCE, 2011

(No. 3 OF 2011)

Promulgated by the President in the Sixty-second Year of the Republic of

India.

ORDINANCE

further to amend the Cable Television Net works (Regulation) Act, 1995.

WHEREAS Parliament is not in session and the President is satisfied that

circumstances exist which render it necessary for her to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article

123 of the Constitution, the President is pleased to promulgate the following

Ordinance:—

Short title and commencement.—(1) This Ordinance may be called the

Cable Television Networks (Regulation) Amendment Ordinance, 2011.

(2)

It shall come into force at once.

Amendment of Section 2.—In section 2 of the Cable Television

Networks (Regulation) Act, 1995, (7 of 1995) (hereinafter referred to as the

principal Act),—

(A)

for clause (aa), the following clauses shall be substituted, namely:—

‘(ai) “Authority” means the Telecom Regulatory Authority of India

established under sub-section (1) of section 3 of the Telecom Regulatory

Authority of India Act, 1997 (24 of 1997);

(aii) “Broadcaster” means a person or a group of persons, or body

corporate, or any organisation or body providing programming services

and includes his or its authorised distribution agencies;

(aiii) “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 and fulfils

the prescribed eligibility criteria and conditions;’;

(B)

in clause (e), for sub-clause (iii), the following sub-clause shall be

substituted, namely:—

“(iii) a company as defined in section 3 of the Companies Act, 1956

(1 of 1956);”;

(C)

after clause (e), the following clause shall be inserted, namely:—

‘(ei) “post” means a post and includes a pole, tower, standard, stay,

strut, cabinet, pillar or any above ground contrivance for carrying,

suspending or supporting any network infrastructure facility;’;

(D)

in clause (g), in sub-clause (i), the words “through video cassette

recorders or video cassette players” shall be omitted;

(E)

after clause (g), the following clause shall be inserted, namely:—

‘(gi) “public authority” means any authority, body or institution of local

self- government constituted or established by or under—

(i)

the Constitution of India;

(ii)

any law made by Parliament;

(iii)

any law made by a State Legislature;

(iv)

any notification issued or order made by the appropriate

Government;

and includes any—

(v)

body owned, controlled or substantially financed; or

(vi)

non-governmental organisation substantially financed; or directly

or indirectly by funds provided by the appropriate

Government;’;

(F)

in clause (h), after the words “under this Act”, the following shall be

inserted, namely:—

“within such local limits of jurisdiction as may be determined by that

Government;”;

(G)

in clause (i),—

(a)

for the words “a person”, the words “any individual, or association

of individuals, or a company, or any other organisation or body” shall be

substituted;

(b) for the words “indicated by him”. the words indicated by him

or it” shall be substituted.

Amendment of section 3.—In section 3 of the principal Act, the proviso

shall be omitted.

Substitution of new section for section 4.—For section 4 of the principal

Act, the following section shall be substituted, namely:—

“4.

Registration as cable operator.—(1) Any person who is desirous

of operating or is operating a cable television network may apply for

registration or renewal of registration, as a cable operator to the registering

authority.

(2)

The cable operator shall fulfill such eligibility criteria and

conditions as may be prescribed and different eligibility criteria may be

prescribed for different categories of cable operators.

(3)

On and from the date of issue of notification under section 4A,

no new registration in a State, city, town or area notified under that section

shall be granted to any cable operator who does not undertake to transmit or

retransmit channels in an encrypted form through a digital addressable

system.

(4)

An application under sub-section (1) shall be made in such

form and be accompanied with such documents and fees as may be

prescribed.

(5)

On receipt of the application, the registering authority shall

satisfy itself that the applicant has furnished all the required information

prescribed under sub-section (4) and on being so satisfied, register the

applicant as a cable operator and grant him a certificate of registration or

renew its registration, as the case may be, subject to such terms and

conditions as may be prescribed under sub-section (6):

Provided that the registering authority may, if it is satisfied that the

applicant does not fulfill the eligibility criteria and conditions prescribed

under sub-section (2) or the application is not accompanied with

necessary documents or fees prescribed under sub-section (4), and for

reasons to be recorded in writing, by order, refuse to grant its

registration or renewal and communicate the same to the applicant:

Provided further that the applicant may prefer an appeal against the

order of the registering authority refusing grant or renewal of registration to

the Central Govemment.

(6)

Without prejudice to the compliance of eligibility criteria for

registration of cable operators, the Central Government may prescribe

having regard to the interests of the sovereignty and integrity of India, the

Security of the State, friendly relations with foreign States, public order,

decency or morality, foreign relation or contempt of court, defamation or

incitement to an offence, such terms and conditions of registration including

additional criteria or conditions to be fulfilled by the cable operator.

(7)

The Central Govemment may suspend or revoke the registration

granted under sub-section (5) if the cable operator violates one or more of

the terms and conditions of such registration:

Provided that no such order of suspension or revocation shall be

made without giving a reasonable opportunity of being heard to the cable

operator.”.

Substitution of new sections for section 4A.— For section 4A of the

principal Act, the following sections shall be substituted, namely:—

‘4A. Transmission of programmes through digital addressable systems,

etc.—(1) Where the Central Govemment 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

programmes of any channel in an encrypted form through a digital

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:

Provided that the date specified in the notification shall not be earlier

than six months from the date of issue of such notification to enable the

cable operators in different States, cities, towns or areas to install the

equipment required for the purposes of this sub-section.

(2)

The Central Government may prescribe appropriate measures and

take such steps as it may consider necessary for implementation of the

notification issued under sub-section (1).

(3)

If the Central Government is satisfied that it is necessary in the

public interest so to do, and if not otherwise specified by the Authority, it

may direct the Authority to specify, by notification in the Official Gazette,

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 and fix the

tariff for basic service tier which shall be offered by the cable operators to

the consumers and the consumer shall have the option to subscribe to any

such tier:

Provided that the cable operator shall also offer the channels in the basic

service tier on a la carte basis to the subscriber at a tariff specified under

this sub-section.

(4)

The Central Government or the Authority may specify in the

notification referred to in sub-section (3), 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.

(5)

It shall be obligatory for every cable operator to publicise the

prescribed information including but not limited to subscription rates,

standards of quality of service and mechanism for redressal of subscribers’

grievances in such manner and at such periodic intervals as may be

specified by the Central Government or the Authority for the benefit of the

subscriber.

(6)

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 a digital addressable system

to be attached to his receiver set for receiving programmes transmitted on

any channel.

(7)

Every cable operator shall provide such information relating to its

cable services and networks in such format and at such periodic intervals to

the Central Government or the State Governments or the Authority or their

authorised representatives, as may be specified by them from time to time.

(8)

All actions taken by the Central Government or the Authority in

pursuance of the provisions of this section as they stood immediately before

the commencement of the Cable Television Networks (Regulation)

Amendment Ordinance, 2011 shall continue to remain in force till such

actions are modified as per the provisions of this Act.

Explanation.— For the purposes of this section,—

(a)

“addressable system” means an electronic device (which

includes hardware and its associated software) or more than one electronic

devices put in an integrated system through which signals of cable television

network can be sent in encrypted form, which can be decoded by the device

or devices, having an activated Conditional Access System at the premises

of the subscriber within the limits of authorisation made, through the

Conditional Access System and the subscriber management system, on the

explicit 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 to

be offered by a cable operator to a subscriber with an option to subscribe,

for a single price to subscribers of the area in which his cable television

network is providing service;

(c)

“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 use of an addressable system and the

expression “unencrypted” shall be construed accordingly;

(d)

“free-to-air channel”, in respect of a cable television network,

means a channel, for which no subscription fee is to be paid by the cable

operator to the broadcaster for its retransmission on cable;

(e)

“pay channel”, in respect of a cable television network, means a

channel for which subscription fees is to be paid to the broadcaster by the

cable operator and due authorisation needs to be taken from the broadcaster

for its retransmission on cable;

(f)

“subscriber management system” means a system or device

which stores the subscriber records and details with respect to name, address

and other information regarding the hardware being utilised by the

subscriber, channels or bouquets of channels subscribed to by the subscriber,

price of such channels or bouquets of channels as defined in the system, the

activation or deactivation dates and time for any channel or bouquets of

channels, a log of all actions performed on a subscriber’s record, invoices

raised on each subscriber and the amounts paid or discount allowed to the

subscriber for each billing period.

4B.

Right of way for cable operators and permission by public

authority.—(1) Subject to the provisions of this Act, any cable operator

entitled for providing cable services may, from time to time, lay and

establish cables and erect posts under, over, along, across, in or upon any

immovable property vested in or under the control or management of a

public authority.

(2) Any public authority under whose control or management any

immovable property is vested may, on receipt of a request from a cable

operator permit the cable operator to do all or any of the following acts,

namely:—

(a)

to place and maintain underground cables or posts; and

(b)

to enter on the property, from time to time, in order to place,

examine, repair, alter or remove such cables or posts.

(3)

The facility of right of way under this section for laying

underground cables, and erecting posts, shall be available to all cable

operators subject to the obligation of reinstatement or restoration of the

property or payment of reinstatement or restoration charges in respect

thereof at the option of the public authority.

(4)

When a public authority in public interest considers it necessary

and expedient that the underground cable or post placed by any cable

operator under the provisions of this section should be removed or shifted or

its position altered, it may require the cable operator to remove it or shift it

or alter its position, as the case may be, at its own cost in the time frame

indicated by the public authority.

(5)

The Central Government may lay down appropriate guidelines to

enable the State Governments to put in place an appropriate mechanism for

speedy clearance of requests from cable operators for laying cables or

erecting posts on any property vested in, or under the control or

management of, any public authority and for settlement of disputes,

including refusal of permission by the public authority.

(6)

Any permission granted by a public authority under this section

may be given subject to such reasonable conditions as that public authority

thinks fit to impose as to the payment of any expenses, or time or mode of

execution of any work, or as to any other matter connected with or related

to any work undertaken by the cable operator in exercise of those rights.

(7)

Nothing in this section shall confer any right upon any cable

operator other than that of user for the purpose only of laying underground

cable or erecting posts or maintaining them.’.

Substitution of new section for section 8.— For section 8 of the

principal Act, the following section shall be substituted, namely:—

“8.

Compulsory transmission of certain channels.—(1) The Central

Government may, by notification in the Official Gazette specify the names of

Doordarshan channels or the channels operated by or on behalf of

Parliament, to be mandatorily carried by the cable operators in their cable

service and the manner of reception and retransmission of such channels:

Provided that in areas where digital addressable system has not been

introduced in accordance with the provisions of sub-section (1) of section

4A, the notification as regards the prime band is concerned shall be limited

to the carriage of two Doordarshan terrestrial channels and one regional

language channel of the State in which the network of the cable operator is

located.

(2)

The channels referred to in sub-section (1) shall be retransmitted

without any deletion or alteration of any programme transmitted on such

channels.

(3)

Notwithstanding the provisions of sub-section (1), any notification

issued by the Central Government or the Prasar Bharti (Broadcasting

Corporation of India) in pursuance of the provisions of sub section (1), prior

to the commencement of the Cable Television Networks (Regulation)

Amendment Ordinance, 2011 shall continue to remain in force till such

notifications are rescinded or amended, as the case may be.”.

Amendment of section 9.—In section 9 of the principal Act,—

(a)

for the word “equipment”, at both the places where it occurs,

the words “equipment or digital addressable system” shall be substituted;

(b)

the proviso shall be omitted.

Amendment of section 10.—In section 10 of the principal Act, after the

words “authorised telecommunication systems”, the words “and is in conformity

with such standards relating to interference as may be prescribed by the Central

Government” shall be inserted.

Insertion of new section 10 A.—After section 10 of the principal Act,

the following section shall be inserted, namely:—

“10A. Inspection of cable network and services.— (1) Without

prejudice to the provisions contained in the Indian Telegraph Act, 1885

(13 of 1885) or any other law for the time being in force, the Central

Government or its officers authorised by it or authorised agency shall have

the right to inspect the cable network and services.

(2)

No prior permission or intimation shall be required to exercise the

right of the Central Government or its authorised representatives to carry out

such inspection.

(3)

The inspection shall ordinarily be carried out after giving

reasonable notice except in circumstances where giving of such a notice

shall defeat the purpose of the inspection.

(4)

On being so directed by the Central Government or its authorised

officers or agency so authorised by it, the cable operator shall provide the

necessary equipment, services and facilities at designated place or places for

lawful interception or continuous monitoring of the cable service at its own

cost by or under the supervision of the Central Government or its officers or

agency so authorised by it.”.

10.

Substitution of new section for section 11.—For section 11 of the

principal Act, the following section shall be substituted, namely:—

“11. Power to seize equipment used for operating cable television

network.—If any authorised officer has reason to believe that the provisions

of section 3, section 4A, section 5, section 6, section 8, section 9 or

section 10 have been or are being contravened by any cable operator,

he may seize the equipment being used by such cable operator for operating

the cable television network :

Provided that the seizure of equipment in case of contravention of

sections 5 and 6 shall be limited to the programming service provided on

the channel generated at the level of the cable operator.”.

11.

Amendment of section 2l.—In section 21 of the principal Act, for the

words and figures “and the Consumer Protection Act, 1986 (68 of 1986), the

following shall be substituted, namely:—

“the Consumer Protection Act, 1986 (68 of 1986), and the Telecom

Regulatory Authority of India Act, 1997 (24 of 1997)”.

12.

Amendment of section 22.—In section 22 of the principal Act, in

sub-section (2),—

(i)

for clause (a), the following clause shall be substituted, namely:—

“(a) the eligibility criteria for different categories of cable

operators under sub-section (2) of section 4;”;

(ii)

for clause (aa), the following clause shall be substituted,

namely:—

“(aa) the form of application, documents to be accompanied and

the fees payable under sub-section (4) of section 4;”;

(iii) for clause (aaa), the following clause shall be substituted, namely:—

“(aaa) the terms and conditions of registration under

sub-section (6) of section 4;”;

(iv)

after clause (aaa), the following clause shall be inserted,

namely:—

“(aaaa) appropriate measures under sub-section (2) of section 4A

for implementation of the notification under sub-section (1) of that

section;”;

(v)

after clause (d), the following clause shall be inserted, namely:—

“(da) the specifications of interference standards for interfering

with any telecommunication system under section 10;”.

PRATIBHA DEVISINGH PATIL,

President.