Notification
dated 06/06/2003 under Cable TV Act
[TO
BE PUBLISHED IN GAZETTE OF INDIA (EXTRAORDINARY) IN
PART II-SECTION 3-SUB-SECTION (ii)]
GOVERNMENT
OF INDIA
MINISTRY
OF INFORMATION AND BROADCASTING
**
Dated
the 6th June, 2003.
NOTIFICATION
G.S.R. 459 (E).-In exercise of the powers conferred
by sub-section (1) and clause (e) of sub-section (2)
of section 22 of the Cable Television Networks {Regulation]
Act, 1995 (No.7 of 1995), the Central Government hereby
makes the following rules to amend the Cable Television
Networks [Regulation] Rules, 1994. namely:-
1.
Short title and commencement.- (1) These rules may
be called the Cable Television Networks (Amendment)
Rules, 2003.
(2)
They shall come into force on the date of their publication
in the Official Gazette.
2.
After rule 8 of the Cable Television Networks [Regulation]
Rules, 1994,
the following rules shall be inserted, namely:-
“9.
Manner of publicizing the subscription rates of pay
channels.-
(1)
Every cable operator shall publicise, either through
advertisements in the print and electronic media or
through other means (e.g. printing on the reverse
of the receipts, etc.) to the subscribers, the subscription
rates and the periodic intervals at which such subscriptions
are payable for receiving of the various pay channels
provided by such cable operator.
(2)
Every cable operator shall, while so publicizing,
be required to indicate precisely the following information:-
(a)
rates of subscriptions for each individual pay channel
provided by the cable operator and discounts, if any,
offered on subscribing to a minimum number of channels
or more:
Provided that discounts so offered for subscribing
to the minimum number of channels or more shall not
be such as to dilute/nullify the choice of subscribing
to individual channels.
Provided further that the subscriber shall not be
forced to buy more than the channel(s), of his choice
through the mechanism of discounted pricing and by
grouping of channels in such a way as to render the
choice of individual pay channels offered, an illusory
one.
10.
Submission of Report to the Central Government.-
(1)
Every cable operator shall be required to submit a
report to the Central Government in the Ministry of
Information and Broadcasting in Form 6.
(2)
Such report shall be submitted periodically in the
first week of each quarter.
Provided that the Central Government may, in exceptional
cases, or in public interest, require any cable operator
to furnish such report within shorter periods.
11.
Declaration of channels as “free-to-air”
and ‘pay’ .-
In order to inform the public as required under rules
9 and 10, the cable operator shall declare which channel[s]
will remain ‘pay’ and which “free-to-air”
and also the rates of the pay channels and discounts,
if any, by 15th June 2003.
12.
Responsibility of cable operators in certain event.-
In the event of cable operators not being in a position
by the 14th July, 2003 to declare whether a channel
is “pay” channel or ‘free-to-air’
channel and the price of any pay channel due to the
information not being provided by the broadcaster,
the cable operator shall not transmit such channel
through its network after the 14th July, 2003.
13.
Provisions for set top boxes.-
The cable operator shall make provisions for rent
and security deposit, or refund thereof as well as
warranty, repair and maintenance in the manner notified
by the Government”.
Explanatory
Note
The Principal Rules were notified in the Gazette of
India ( Extraordinary ) in Part II - Section 3 - Sub-section
(ii) vide G.S.R.729(E) dated 29th Sept. 1994. These
were amended, first in the year 1996 and subsequently
in the years 2000 and 2002, through Notifications
publishedin the Gazette of India vide G.S.R.(i) 459(E)
dated 8th Oct. 1996; (ii) 710(E) dated 8th Sept. 2000,
and (iii) through the Cable Television Networks (Regulaion)
{Amendment} Act, 2002 (No.2 of 2003) notified in the
Gazette of India in Part II - Section 1 on 1st Jan.
2003.
(SUDHIR
SHARMA)
JOINT
SECRETARY TO THE
GOVERNMENT
OF INDIA.
{TEL.23383857}
{F.NO.9/2/2003-BP&L}
The Manager,
Government
of India Press,
Mayapuri,
Ring Road,
NEW
DELHI - 110064.
