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.
6* * * * *
7
[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 fulfil such eligibility criteria and conditions as may be prescribed and
different eligibility criteria may be prescribed for different categories of cable operators.
1. Subs. by Act 21 of 2011, s. 2, for sub-clause (iii) (w.e.f. 25-10-2011).
2. Ins. by s. 2, ibid. (w.e.f. 25-10-2011).
3. The words “through video cassette recorders or video cassette players” omitted by s. 2, ibid. (w.e.f. 25-10-2011).
4. Subs. by s. 2, ibid., for “a person” (w.e.f. 25-10-2011).
5. Subs. by s. 2, ibid., for “indicated by him” (w.e.f. 25-10-2011).
6. The proviso omitted by s. 3, ibid. (w.e.f. 25-10-2011).
7. Subs. by s. 4, ibid., for section 4 (w.e.f. 25-10-2011).
4
(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 re-transmit 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 by 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 fulfil the
eligibility criteria and conditions prescribed under sub-section (2) or the application is not accompanied
by necessary documents or fees as prescribed under sub-section (4), and for reasons to be recorded in
writing, by order, refuse to grant its registration or renewal, as the case may be, 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 Government.
(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 Government 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 reasonable
opportunity of being heard to the cable operator.]
1
[4A. Transmission of programmes through digital addressable systems, 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 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 one 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
1. Subs. by Act 21 of 2011, s. 5, for section 4A (w.e.f. 25-10-2011).
5
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 25th day of October, 2011shall 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 device 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 re-transmission 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 re-transmission 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.
6
(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 timeframe 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.]
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* * * * *
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.
2* * * * *
7. Maintenance of register.—Every cable operator shall maintain a register in the prescribed form
indicating therein in brief the programmes transmitted or re-transmitted 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.
3
[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 re-transmission 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 re-transmitted without any deletion or
alteration of any programme transmitted on such channels.
1. The proviso omitted by Act 36 of 2000, s. 3 (w.e.f. 1-9-2000).
2. The proviso omitted by s. 4, ibid. (w.e.f. 1-9-2000).
3. Subs. by Act 21 of 2011, s. 6, for section 8 (w.e.f. 25-10-2011).
7
(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 25th day of October, 2011 shall continue to remain in force till such
notifications are rescinded or amended, as the case may be.]
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 1
[equipment or digital addressable system] in his cable
television network unless such 1
[equipment or digital addressable system] conforms to the said Indian
Standard.
2* * * * *
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
3
[and is in conformity with such
standards relating to interference as may be prescribed by the Central Government].
4
[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].