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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:-
‘4A.
(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 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 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
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;
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