THE CABLE TELEVISION NETWORKS (REGULATION) AMENDMENT ACT, 2002
ACT NO. 2 OF 2003
[31st December, 2002.]


An Act 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.
Short title.




1. Short title.-This Act may be called the Cable Television Networks

(Regulation) Amendment Act, 2002.


2.
Insertion of new section 4A.




2. Insertion of new section 4A.-In the Cable Television Networks

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

principal Act), after section 4, the following section shall be

inserted, namely:-



'4A. 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 opera or 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.



(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 tie 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

different States, cities, towns or areas, as the case may be. of that

sub-section and different numbers may be specified for



(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 programm s 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 area , 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) Amendm nt 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 subs-cribers 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 cab e

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 devi es 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 th 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 constru d 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.'.


3.
Amendment of section 9.




3. Amendment of section 9.-In section 9 of the principal Act, the

following proviso shall be inserted, namely:-



"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 acco dance with the

provisions of the said Act for said purposes.".


4.
Amendment of section 11.




4. Amendment of section 11.-In section 11 of the principal Act, in

sub-section (1), for the word and figure "sections 3,", the word,

figures and letter "section 3, 4A," shall be substituted.


5.
Amendment of section 16.




5. Amendment of section 16.-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 (2 of 1974), the contravention of section 4A shall be

a cognizable offence under this section.".


6.
Amendment of section 22.




6. Amendment of section 22.-In section 22 of the principal Act, in

sub-section (2), after 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

periodically under that sub-section;".



SUBHASH C. JAIN,



Secy. to the Govt. of India.