Cable Television Networks Rules, 1994 (as amended up to February 27, 2009), الهند, WIPO Lex

G.S.R. 729 (E) - In exercise of the powers conferred by sub-section (1) of section 22 of the Cable Television Networks (Regulation) Ordinance, 1994 (Ordinance No.9 of 1994) the Central Government makes the following Rules namely:

1. Short title and commencement - (1) These rules may be called the Cable Television Networks Rules, 1994.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions - In these rules unless the context otherwise requires:-

(a) Authority means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act;

(aa) Broadcaster means any person including an individual, group of persons, public or body corporate, firm or any organization or body who/which is providing programming services and includes his/her authorized distribution agencies;

(aaa) 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 networks;

(b) cable service means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals;

(c) cable television network means any system consisting of a set of closed transmission paths and associated signals generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers;

(d) company means a company defined in section 3 of the Companies Act, 1956;

(e) form means form appended to these rules;

(ee) Multi-System Operator (MSO) means a cable operator who receives a programming service from a broadcaster and/or his authorized agencies and re-transmits the same or transmits his own programming service for simultaneous reception either by multiple subscribers directly or through one or more local cable operators (LCOs), and includes his authorized distribution agencies by whatever name called;

(eee) Notified area means any area notified by the Central Government under section 4 (A) of the Act;

(f) person means -

(i) an individual who is a citizen of India;

(ii) an association of individuals or body of individuals, whether incorporated or not, whose members are citizens of India;

(iii) a company in which not less fifty-one percent of the paid-up share capital is held by the citizens of India:

(g) programme means any television broadcast and includes;

(i) exhibition of films, features, dramas, advertisements and serials through video cassette recorders or video cassette players;

(ii) any audio or visual or audio-visual live performance or presentation; and the expression programming service shall be construed accordingly;

(h) registering authority means the registering authority notified under clause (h) of section 2 of the Cable Television Networks (Regulation) Ordinance 1994;

(i) subscriber means a person who receives the signal of cable television network at a place indicated by him to the cable operator, without further transmitting it to any other person.

3. Application for registration as a cable television network in India. - (1) Every application for registration as a cable television network in India shall be made in writing in Form I and shall be renewable after every twelve months.

(2) The application shall be addressed to the Registering Authority and delivered to his office in Form 1.

(3) (a) Every application for registration or renewal of registration shall be accompanied by –

(i) a fee of rupees five hundred only; and

(ii) the requisite documents mentioned in Form 1 and Form 2.

(b) Every application for issue of duplicate certificate of registration shall be accompanied by -

(i) a fee of rupees two hundred and fifty only; and

(ii) the requisite documents mentioned in Form 1.

(4) The amount of fee shall be deposited in the Head Post Office where the application for registration or renewal of registration or issue of duplicate certificate of registration is being made.

(5) The amount of the fees shall be deposited under the Head Un-Classified Receipts (U.C.R.).

4. Examination of Applications: (1) On receipt of an application under rule 3, the registering authority shall examine the application having regard to the provisions of section 4 of the Ordinance.

5. Registration:- (1) On being satisfied that the applicant fulfills the provisions of the Ordinance, the registering authority shall issue a registration certificate in Form 3. Provided that where the registering authority is satisfied that the registration cannot be granted to the applicant, he shall inform the applicant in Form 4.

(2) On receipt of an application under clause (b) of sub-rule (3) of rule 3 for issue of duplicate certificate the Registering Authority shall examine the application having regard to the provisions of rule 3 and shall issue a duplicate Registration Certificate in Form 3 A.

6. Programme Code - (1) No programme should be carried in the cable service which:-

(a) Offends against good taste or decency;

(b) Contains criticism of friendly countries;

(c) Contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes;

(d) Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths;

(e) Is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote-anti-national attitudes;

(f) Contains anything amounting to contempt of court;

(g) Contains aspersions against the integrity of the President and Judiciary;

(h) Contains anything affecting the integrity of the Nation;

(i) Criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country;

(j) Encourages superstition or blind belief;

(k) Denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals;

(l) Denigrates children;

(m) Contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups

(n) Contravenes the provisions of the Cinematograph Act, 1952;

(o) is not suitable for unrestricted public exhibition

Provided that no film or film song or film promo or film trailer or music video or music albums or their promos, whether produced in India or abroad, shall be carried through cable service unless it has been certified by the Central Board of Film Cetification (CBFC) as suitable for unrestricted public exhibition in India.

Explanation - For the purpose of this clause, the expression unrestricted public exhibition shall have the same meaning as assigned to it in the Cinematograph Act, 1952 (37 of 1952);

(2) The cable operator should strive to carry programmes in his cable service which project women in a positive, leadership role of sobriety, moral and character building qualities.

(3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the Copyright Act, 1972 (14 of 1972) unless he has been granted a licence by owners of copyright under the Act in respect of such programme.

(4) Care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence.

(5) Programmes unsuitable for children must not be carried in the cable service at times when the largest numbers of children are viewing.

(6) No cable operator shall carry or include in his cable service any television broadcast or channel, which has not been registered by the Central Government for being viewed within the territory of India

Provided that a cable operator may continue to carry or include in his cable service any Television broadcast or channel, whose application for registration to the Central Government was made on or before 11^th May, 2006 and is under consideration, for a period upto [31^st May, 2008]¹ or till such registration has been granted or refused, whichever is earlier

Provided further that channels uplinking from India, in accordance permission for uplinking granted before 2^nd December, 2005, shall be treated as registered television channels and can be carried or included in the cable service.

7. Advertising Code - (1) Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.

(2) No advertisement shall be permitted which -

(i) derides any race, caste, colour, creed and nationality;

(ii) is against any provision of the Constitution of India.

(iii) tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way ;

(iv) presents criminality as desirable;

(v) exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary;

(vi) in its depiction of women violates the constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service, is tasteful and aesthetic, and is within the well established norms of good taste and decency;

(vii) exploits social evils like dowry, child marriage.

(viii) promotes directly or indirectly production, sale or consumption of -

(A) cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants; [...]²

[Provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco products, wine, alcohol, liquor, or other intoxicants, may be advertised on cable services subject to the following conditions that -

(i) the story board or visual of the advertisement must depict only the product being advertised and not the prohibited products in any form or manner;

(ii) the advertisement must not make any direct or indirect reference to prohibited products;

(iii) the advertisement must not contain any nuances or phrases promoting prohibited products;

(iv) the advertisement must not use particular colours and layout or presentations associated with prohibited products;

(v) the advertisement must not use situations typical for promotion of prohibited products when advertising the other products:

Provided further that -

(i) the advertiser shall submit an application with a copy of the proposed advertisement along with a certificate by a registered Chartered Accountant that the product carrying the same name as cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants is distributed in reasonable quantity and is available in a substantial number of outlets where other products of the same category are available and the proposed expenditure on such advertising thereon shall not be disproportionate to the actual sales turnover of the product:

(ii) all such advertisements found to be genuine brand extensions by the Ministry of Information and Broadcasting shall be previewed and certified by the Central Board of Film Certification as suitable for unrestricted public exhibition and are in accordance with the provisions contained in sub-clause (i) to (v) of the first proviso, prior to their telecast or transmission or retransmission.]³

(B) infant milk substitutes, feeding bottle or infant food.

(3) No advertisement shall be permitted, the objects whereof, are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end.

(3A) No advertisement shall contain references which hurt religious sentiments.

(4) The goods or services advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act, 1986.

(5) No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.

(6) The picture and the audible matter of the advertisement shall not be excessively loud;

(7) No advertisement which endangers the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service.

(8) Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements.

(9) No advertisement which violates the Code for self regulation in advertising, as adopted by the Advertising Standards Council of India (ASCI), Mumbai for public exhibition in India, from time to time shall be carried in the cable service.

(10) All advertisement should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz., use of lower part of screen to carry captions, static or moving alongside the programme.

(11) No programme shall carry advertisements exceeding 12 minutes per hour, which may include up to 10 minutes per hour of commercial advertisements, and up to 2 minutes per hour of a channel s self-promotional programmes.

8. Register - Each cable operator shall maintain a register in Form 5 for each month of the year for which the registration is granted.

9. Standard interconnection agreements, tariffs and quality of service standards for the service providers in the areas notified under Section 4A of the Act: The Authority may, on issue of any notification under section 4 A of the Act by the Central Government, take appropriate decisions on the following and duly notify the same:

(a) standard interconnection agreement to be used for entering into commercial agreements for distribution in the notified areas, of pay or free-to-air channels among (i) Broadcasters and multi-system operators; and (ii) multi- system operators and local cable operators;

(b) the maximum limits of security deposit and monthly rental for supply, maintenance and servicing of set top boxes of prescribed specifications to the subscribers on rental basis by multi-system operators in the notified areas;

(c) tariff for the basic service tier along with the minimum number of free-to-air channels to be provided by the multi-system operators / multi-system operators to the subscribers in the notified areas;

(d) regulations for quality of service to be provided by the multi- system operators or local cable operators to the subscribers in the notified areas;

10. Nature and prices of channels: (1) Every broadcaster shall declare the nature of each of its channels as pay or free-to-air as well as the maximum retail price of each of its pay channels to be charged by the multi-system operators or local cable operators from the subscribers in each of the notified areas.

(2) Every broadcaster shall file his declaration of the nature and prices of channels under sub-rule (1) before the Authority and the Central Government within fifteen days of the date of notification by the Central Government under section 4 A of the Act.

(3) If in the opinion of the Authority, the price declared by the broadcaster in respect of any of its pay channels is too high, the Authority may, under section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), fix and declare the maximum retail price of such a pay channel or fix a general maximum retail price for all pay channels within which the broadcasters may declare their individual prices for each pay channel, to be paid by the subscribers in any of the notified areas, and such an order of the Authority shall be binding on the broadcasters and the multi-system operators and local cable operators.

(4) Every broadcaster shall enter into interconnection agreements with multi-system operators in the notified areas as per the standard interconnection agreement, or with any mutually agreed modifications on a non-discriminatory basis, as per the regulations or directions or orders of the Authority.

(5) If a broadcaster fails to declare the price of any of its pay channels within the prescribed time limit under sub-rule (2) or refuses or fails to comply with the direction under sub-rule (3) or refuses or fails to enter into an interconnect agreement with a multi- system operator permitted by the Central Government under sub-rule (3) of rule 11 within the time limit as prescribed by the Authority, then the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.

(6) In the event of non-compliance by the broadcaster of the directions issued by the Authority under sub-rule (5), the Central Government may, on the recommendations of the Authority, suspend the permission granted to the broadcaster under uplinking or downlinking guidelines as the case may be, to broadcast that channel in the country or any part thereof.

(7) Every declaration filed by the broadcaster under sub-rule (1) or maximum retail price fixed by the Authority under sub-rule (3) above shall normally remain valid for a period of one year from the date of such declaration or fixation, as the case may be, subject to the condition that every broadcaster will be free to revise the price of any channel or convert a pay channel to free-to-air or a free-to-air channel to a pay channel by giving one month s notice to the multi-system operator and subscribers:

Provided that no increase in price beyond the individual limit, if any, specified by the Authority, shall be valid without prior approval of the Authority:

Provided further that no such price increase shall be valid beyond the general maximum retail price for all channels fixed by the Authority.

11. Grant of permission to multi-system operators to provide cable services with addressable systems in the notified areas - (1) No multi-system operator shall provide cable television network services with addressable systems in any one or more notified areas without a valid permission from the Central Government under sub-rule 3 of rule 11.

(2) Every multi-system operator who desires to provide cable television network services with addressable systems in any of the notified areas, shall, within thirty days of the issue of the notifications under section 4 A of the Act by the Central Government, apply for permission to the Ministry of Information & Broadcasting in Form 6 annexed to these Rules, along with processing fee of rupees ten thousand.

(3) The Ministry of Information & Broadcasting in the Government of India shall, within thirty days of the receipt of the application, grant, or refuse, permission to the applicant to provide addressable systems in the notified areas after considering its suitability or otherwise on the basis of information given in respect of its existing operational area, actual number of subscribers and addresses of its local cable operators in each of the notified areas, commercial arrangements with the broadcasters and local cable operators, if any, financial strength, management capability, security clearance and preparedness to supply and maintain adequate number of set top boxes for its subscribers, installation of its subscriber management system and compliance with all other quality of service standards as may be specified by the Authority.

(4) The Central Government may lay down such terms and conditions of permission under sub-rule (3) as may be deemed necessary and desirable to ensure compliance with the provisions of this Act as well as the regulations, directions and orders made by the Authority.

(5) No multi-system operator shall continue to provide any cable television network services in the notified areas after the date notified therein, without obtaining prior permission from the Central Government.

(6) In the event of a multi-system operator who fails or refuses to enter into an interconnection agreement with a broadcaster of a pay channel or an adequate number of local cable operators in the notified areas or who violate of the terms and conditions of the permission granted to it under sub-rule (3), within the time limit as prescribed by the Authority, the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.

(7) In the event of a violation by a multi-system operator of one or more of the terms and conditions of the permission granted under sub-rule (3), the Central Government may suspend or revoke such permission for such period and for such notified areas as deems fit: Provided that no such order of suspension or revocation shall be made without giving a reasonable opportunity to the multi-system operator to explain its position.

12. Public awareness campaign about Conditional Access System scheme: (1) Every multi-system operator granted permission under sub-rule (3) of Rule 11 shall create public awareness among the subscribers in the notified areas for a period of thirty days from the date to be specified by the Authority, either through advertisements in the print and electronic media or through other means (e.g. leaflets, printing on the reverse of the receipts, personal visits, group meetings with subscribers or consumer groups etc.) the salient features of the Conditional Access System scheme as approved by the Authority for implementation by the multi-system operator, in the notified areas, and in particular the following:-

(a) A-la-carte subscription rates and the periodic intervals at which such subscriptions are payable for receiving the various pay channels;

(b) The refundable security deposit and the daily or monthly rental payable for the set-top box and its detailed specifications such as make, model, technical specifications, user manuals and maintenance centers etc.;

(c) The number and names of free-to-air channels that the multi- system operator will provide to the subscribers and specific placement of each channel in the prime or non-prime bands;

(d) The prescribed monthly service charge to be paid by each subscriber for receiving the basic service tier fixed by the Authority and the number of additional free-to-air channels, if any, offered by the Multi System Operator.

(e) The Quality of Service Standards specified by the Authority and the arrangements made by the Multi System Operator to comply with these standards;

(f) The Subscriber Management System established by the multi- system operator to demonstrate the functioning of the Set Top Boxes and interact with the subscribers to explain the various financial, logistic and technical aspects of the system for its smooth implementation;

(g) The subsisting arrangements for resolution of disputes between the multi-system operator and local cable operators and the subscribers in respect of the quality of service standards, payments and refunds etc.

(2) The Authority may also arrange public awareness activities in the notified areas either directly or through authorized officers or consumer organizations etc.

13. Supply and installation of Set Top Boxes - (1) Every subscriber in the notified areas who is desirous of receiving one or more pay channels shall, during the public awareness campaign under Rule 12 or within fifteen days after its expiry, apply to any one of the multi-system operators granted permission under sub-rule (3) of rule 11 either directly or through any of his linked local cable operators, to supply and install one or more set top boxes in his premises as per the scheme approved by the Authority and deliver the requisite channels through the same;

Provided that every subscriber shall be free to buy a Set Top Box of approved quality from the open market, if available and technically compatible with the multi- system operator s system, and no multi system operator or Cable Operator shall force any subscriber to buy or to take on rent the set top box from him only.

(2) Every subscriber in the notified areas who desires to receive one or more pay channels, and who failed to apply within the period prescribed under sub-rule (1) may at any time either buy a set top box of approved quality from the open market, if available and technically compatible with the multi-system operator s system, or apply to any one of the multi-system operators granted permission under sub-rule (3) of rule 11 either directly or through any of his linked local cable operators, to supply and install one or more set top boxes in his premises as per the scheme approved by the Authority and deliver the requisite channels through the same or through the set top box of approved quality acquired by the applicant on his own, as the case may be.

(3) Every multi-system operator shall procure; supply and install the required number of set top boxes of approved quality in the premises of every applicant under sub-rule (1) or sub-rule (2) within a period as may be determined by regulation or order by the Authority from the date of receipt of such application, and transmit the requisite pay channels through the same or through the set top box of approved quality acquired by the applicant on his own, as the case may be.

(4) Every multi-system operator shall set up and operationalise its subscriber management system within a time frame as may be determined by regulation or order by the Authority, for ensuring efficient and error-free service to the subscribers by recording and providing individualized preferences for pay channels, billing cycles, refunds etc.

(5) In the event of the failure of any multi-system operator to supply and install a set top box each in the premises of one or more applicants under sub-rule (1) or to operationalise subscriber management system within the time limit as determined by regulation or order by the Authority, then the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.

14. Dispute Resolution Mechanism - Every multi-system operator shall be obliged to maintain the quality of service as per the standards, including the arrangements for handling complaints and redressal of grievances of the subscribers, as may be determined by regulation or order by the Authority. The Authority may look into the efficacy of such arrangements and issue necessary directions to the concerned parties for compliance.

15. Transition to addressable systems - (1) Immediately on operationalisation of the subscriber management system and the installation of the set top boxes under rule 13, every multi-system operator shall start transmitting the pay channels in encrypted as well as unencrypted form for a period of not less than fifteen days to test out the quality of service, remove any technical or operational snags and enable the subscribers to become familiar with the operation of addressable systems at their end.

(2) Before the start of the transition period under sub-rule (1), the Authority may call for progress or compliance reports from the service providers in the Forms appended to these rules, and at intervals, as may be specified by it to satisfy itself that all the multi-system operators permitted under sub-rule 3 of rule 11 have completed all the necessary arrangements to switch over to transmission of pay channels through addressable systems in the whole of the notified area by the date notified by the Central Government under section 4A of the Act.

(3) In the event of satisfactory completion of all arrangements, every multi-system operator in the notified area shall start transmitting pay channels only through addressable systems from the date notified by the Central Government under section 4A of the Act.

(4) In the event of the Authority coming to a conclusion that the arrangements made by the multi-system operators are not adequate and the switch over to transmission of pay channels through addressable systems is likely to be against the interests of a substantial portion of the subscribers in any notified area, the Authority may recommend to the Central Government an extension of the notified date by such period as in its opinion is the minimum required for the satisfactory completion of the necessary arrangements by the multi-system operators.

(5) On receipt of a recommendation from the Authority under sub-rule (4), and before the expiry of the notified date, the Central Government may, if it is satisfied that it is not in public interest to switch over to addressable systems on the notified date and that circumstances so warrant to extend the notified date to protect the interests of a substantial portion of subscribers in the notified area, issue another notification indicating the revised date under section 4 A of the Act

Provided that the power to issue notification in respect of the areas already notified by the Government of India in the Ministry of Information and Broadcasting under section 4 A of the Act vide S. O. No. 792 (E) dated 10^th July 2003 shall be subject to the orders and final outcome of the LPA No 985/2006 & CMs 6660/2006 and 6658/2006 pending in the High Court of Delhi.

(6) Every multi-system operator shall complete the remaining arrangements within such extended period and start transmitting the pay channels only through addressable systems from such revised date as notified under sub-rule (5).

FORM 1

(See rule 3 (1))

(To be submitted in duplicate)

Form of application for *registration/renewal of registration/issue of duplicate certificate of registration as a cable operator.

The Head Postmaster

Head Post Office

......

Application for *registration/ renewal of registration/issue of duplicate certificate of registration as a cable operator.

1. (a) Name of Applicant (individual/firm/company/association of persons/body of individuals)*

(b)*Age/Date of establishment/Date of incorporation.

2. (a) Address (office)

(b) Telephone number (if any)

3. (a) Nationality (for individual applicants/body of individuals)

(b) By birth/domicile.

4 (a) Amount of fee paid for *registration/renewal/issue of duplicate certificate Rs....

(b) Name of Head Post Office....

(Attach copy of challan vide which the fees have been deposited)

5. Area in which cable television network is working/proposed to be set up....

6. Date from which the cable television network is operating/proposed to be set up....

7. Number of channels being provided/ proposed to be provided (with names)....

8. (a) Whether using Television Receive Only(TVRO) - Yes/No

(b) If yes, number and size of TVRO....

9. Names of Doordarshan satellite channels included in cable service....

10. Copy of earlier registration certificate enclosed. - Yes/No

(To be filled in only for renewal of registration).

11. (a) State reasons for issue of duplicate certificate of registration....

(attach mutilated or defaced original certificate of registration/copy of report made to the police in case of theft or loss of the original certificate)

(b) Period of validity of the original Registration Certificate for which the duplicate Registration Certificate is being sought....

(To be filled in only for issue of duplicate Registration Certificate)

12. Declaration in Form 2 enclosed. - Yes/No

(To be filled in for *registration/renewal of registration only)

I/We .... the applicant(s) *(Individual/firm/company/association of persons/body of individuals) do hereby declare that the above facts are correct in all respects.

Signature of Applicant

*(Individual/firm/company/association of persons/body of individuals)

Place: Name....

Date:

Address ....

Score out the word or words which are not applicable.

FORM 2

(see rule 3(1-3))

I/We.... the applicant(s) *(individual/firm/company/association of person/body of individuals) for registration as a cable operator/ renewal of registration as a cable operator do hereby declare that:-

(i) I/We shall ensure that my / our television network shall be run in accordance with the provisions of the Cable Television Networks (Regulation) Ordinance 1994 at all times.

(ii) I/We shall not permit/associate any person who is not eligible to run a cable television network under the Cable Television Networks (Regulation) Ordinance 1994 to run/with the running of my/our cable television network.

(iii) I/We shall strive to the best of my / our ability to provide cable service to the satisfaction of the subscriber (s) of my/our cable television network.

(iv) I/ We shall strive to the best of my / our ability to ensure that my / our cable television network is not used for any unlawful purpose.

(v) I/We shall obtain the necessary approval/clearance from the relevant authority for the running of my / our cable television network.

(vi) I/ We shall abide by any direction issued by the Central Government in respect of the running of a cable television network within India.

Signature of Applicant

* (Individual/firm/company/association of persons / body of individuals)

Place: - Name....

Date: - Address ....

* Score out the word or words which are not applicable

(See rule 5)

Government of India Head Post Office

REGISTRATION CERTIFICATE NUMBER

1. Shri/Shrimati/M/s …. resident of ….is registered as a cable operator (individual, firm,.*Company, association of persons or body of individuals) for running a cable television network at the following address …. in the city/town of.... for a period of twelve months with effect from....

His Registration Number is....

2. This Certificate is only valid for the premises stated above.

3. This Registration Certificate is not transferable.

4. The Certificate shall remain valid for the period indicated above or till the holder carries on the cable service or where the surrender of the certificate is accepted by the competent authority.

Head Post Master

Head Post Office

Place: - (town/city)

Date:

TO BE DISPLAYED PROMINENTLY ON THE PREMISES OF THE CABLE OPERATOR.

*Tick whichever is appropriate.

(See Rule 5(2))

Government of India

Head Post Office

DUPLICATE REGISTERATION CERTIFICATE

1. Shri/Shrimati/M/s....resident of ....is registered as a cable operator *(individual/firm/company/association of persons or body of individuals) for running a cable television network at the following address….in the city/town of….for a period of twelve months with effect from.... (date from which the original Registration Certificate was valid).

His Registration number is…..

2. This Certificate is valid only for the premises stated above.

3. This Registration Certificate is not transferable.

4. The Certificate shall remain valid for the period indicated above or till the holder carries on the cable service or where the surrender of the certificate is accepted by the competent authority.

Place:

Date:

Head Post Master

Head Post Office

…..(town/city)

TO BE DISPLAYED PROMINENTLY ON THE PREMISES OF THE CABLE OPERATOR

*Tick whichever is appropriate

FORM 4

(See proviso to rule 5 (1))

..........

Sir,

Reference your application dated …. for registration as a cable operator.

The necessary registration cannot be granted to you for the following reason (s): -

(i) Application is incomplete.

(ii) Registration fee has not been tendered.

(iii) Applicant is not a citizen of India.

(iv) Less than fifty one percent of the paid up share capital of the applicant company is held by citizens of India.

Head Post Master

Head Post Office

Place:

Date:

FORM 6

[See Rule 11 (2)]

(To be submitted in duplicate)

The Secretary

Ministry of Information & Broadcasting,

A Wing, Shastri Bhawan,

New Delhi - 110001.

Subject: Application for grant of permission to multi system operators to provide cable television network services with addressable system in any or more notified areas.

Sir,

I hereby submit the following details for grant of permission.

1.(a) Name of the Applicant (individual/firm/company/association of persons/body of individuals) **

(b) Age/Date of establishment/Date of Incorporation

2.(a) Nationality (for individual applicants/body of individuals)

(b) By birth/domicile

3. Details of payment of Processing Fee

4. Details of Registration as a Cable Operator

(a) Name of the Post Office with which registered

(b) Registration No./Validity up to

5. Complete Postal Address with Telephone/Fax No./E-mail ID

(a) Corporate Office/Head Office

(b) Registered Office

(d) Address of Correspondence

6. Name of authorized contact person, his designation and telephone/fax No./E-mail ID

7. *Registration detail under Companies Act, 1956: Incorporation No. and Date (Attach a copy of Certificate of Incorporation and Memorandum and Article of Associations)

8. *Board of Directors (Attach list of Directors along with bio-data of each Director giving date of birth, place of birth, parentage, nationality, permanent address, residential address, official address, passport No. (if any), qualification, experience, etc.

9. *Attach list of key executives including CEO/MD along with details as in 8 above.

10. *(i) Authorized Share Capital, (ii) Paid-up Share Capital, (iii) Net worth (enclose a copy of the audited Balance Sheet and Profit & Loss Account for the immediate preceding year and certificate of Net Worth on the basis of these documents by a Chartered Accountant).

11. Details of availability/arrangement of funds (sufficient proof to be enclosed).

12. (i) Present Area of Operation (if in more than one city, city-wise details to be given).

(ii) CAS notified Area or Areas proposed to be covered by the applicant (if in more than one city, then city-wise details should be given)

13. No. of channels being provided in unencrypted form (own/broadcasters) (give names separately for own channels and broadcasters channels).

14. Other value added services being provided (details along with their copies of licenses).

15. Total no. of each of local cable operators and subscribers covered (attach list of local cable operators with their telephone nos./fax nos./E-mail IDs and the number of subscribers each of the cable operators has with him.)

16. Details of past experience/field of activity.

17. Preparedness to supply and maintain adequate number of Set Top Boxes for the subscribers and installation of subscriber management system (give details to substantiate your claim including no. of Set Top Boxes already available/orders placed/network of authorized persons/agents to supply and provide after sales service).

18. Number of Agreements signed with broadcasters to supply their channels under CAS scheme (Give names of broadcasters and their channels for which agreements signed along with copies of agreements to substantiate your claim)

19. What arrangements have been made/proposed to be made to give wide publicity to CAS scheme in each of the notified areas, as approved by the Authority. (Give full details)

I/We …., the applicant(s) **(individual/firm/ company/association of persons/body of individuals) do hereby declare that the above facts are correct in all respects.

I/We hereby undertake to abide by all the conditions/directions/orders that the Central Government or the Authority may lay down/issue for the smooth implementation and operation of CAS scheme in the notified areas.

Signature of Applicant/Authorized person

**(individual/firm/company/association of persons/body of individuals)

Name….

Address….

Place….

Date

* To be given in case applicant is a Company/Firm

** Score out the word or words which are not applicable.

Footnotes

1 Amended vide GSR 413(E) dated 29^th May, 2008

2 Deleted vide GSR 104 (E) dated 25^th February, 2008

3 Inserted vide GSR 138(E) dated 27^th February, 2009

Cable Television Networks Rules, 1994 (as amended up to February 27, 2009)، الهند

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