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3.
4A.
4B.
5.
6.
7.
8.
CHAPTER III
SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT
11. Power to seize equipment used for operating cable television network 22
12. Confiscation 23
13. Seizure or confiscation of equipment not to interfere with other punishment 23
14. Giving of opportunity to the cable operator of seized equipment 24
15. Appeal 24
CHAPTER IV
PENALTIES
16. Penalty for contravention of provisions of this Act
17. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 3-10-2023]
18. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 3-10-2023] 27
CHAPTER V
MISCELLANEOUS
19. Power to prohibit transmission of certain programmes in public interest
CABLE TELEVISION NETWORKS RULES,
4. [Omitted by the Cable Television Networks (Amendment) Rules, 2012, w.e.f. 28-4-2012]
5. Registration of cable operator
5B.
6.
6A. [Omitted by G.S.R. 719(E), dated 13-9-2000]
7.
8.
9. Standard interconnection agreements, tariffs and quality of service standards for the service providers in the areas notified under section 4A of the Act
10. Obligations of Broadcaster, Multi-System Operator and Cable Operator
11. Grant of permission to Multi-System Operators to provide cable services with addressable systems in the notified areas
RADIO, TELEVISION AND VIDEO CASSETTE RECORDER SETS (EXEMPTION FROM LICENSING REQUIREMENTS) RULES, 1997
1. Short title and commencement
2. Definition
3. Licence not required for certain broadcasting apparatus
4. [Omitted by the Radio, Television and Video Cassette Recorder Sets (Exemption from Licensing Requirements) Amendment Rules, 2001 w.e.f. 9-1-2001]
1. Short title, extent and commencement
2. Definitions
3. Provisions relating to connection, disconnection, transfer and shifting of cable service in CAS areas
4. Provisions relating to complaint handling and redressal in respect of cable services in CAS areas
5. Billing Procedure and billing related complaints in respect of cable services in CAS areas
6. STB related issues and complaints in respect of cable services in CAS areas
7. Change in positioning of channels/Taking the channel off air in respect of cable services in CAS areas
8. Technical Standards
9. Monitoring of performance of quality of service standards in respect of cable services in CAS areas
10. Public awareness campaign in CAS areas
STANDARDS OF QUALITY OF SERVICE (BROADCASTING AND CABLE SERVICES) (CABLE TELEVISION – NON-CAS AREAS) REGULATIONS, 2009
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 76
2. Definitions 77
CHAPTER II
CONNECTION, DISCONNECTION AND RECONNECTION OF CABLE SERVICES IN NON-CAS AREAS
3. Procedure for cable service connection, disconnection or shifting 79
4. Contents of application formats 79
5. Provision of cable service to every person subject to technical and operational feasibility 80
6. Response and time limit for providing connection 80
7. Communication of technical or operational non-feasibility 80
8. Discontinuing cable service to subscriber only after prior notice 81
CHAPTER III
BILLING PROCEDURE AND BILLING RELATED COMPLAINTS FOR CABLE SERVICES
9. Provision of bills and receipts to subscribers 81
10. Requirements of billing system 81
CHAPTER IV
COMPLAINT HANDLING AND REDRESSAL
11. Establishment of help desk 82
12. Handling of complaints, etc. 82
13. Provision of power back-up 82
14. Carrying of photo identification and proper behaviour by representatives of the cable operators and multi-system operators 82
CHAPTER V
ADDITIONAL STANDARDS OF QUALITY OF SERVICE RELATING TO DIGITAL DECODER AND SET TOP BOX FOR DIGITAL CABLE SERVICE (WITH OR WITHOUT CONDITIONAL ACCESS) IN NON-CAS AREAS
15. Additional standards of quality of service relating to digital cable service (with or without conditional access) in non-CAS areas 83
16. Arrangements for repairs or replacement of decoder or set top box supplied by the cable operator or multi-system operator 83
CHAPTER VI
DISCONTINUANCE OF CHANNELS FROM THE CABLE TELEVISION NETWORK
17. Notice to subscribers before taking off channels from Cable Television Network 83
CHAPTER VII
TECHNICAL STANDARDS AS TO QUALITY OF SIGNALS
18. Technical standards as to quality of signals 84
CHAPTER VIII
MONITORING OF PERFORMANCE OF QUALITY OF SERVICE STANDARDS
19. Furnishing of information by service providers in non-CAS areas 84
20. Direction or Order of Authority 85
CHAPTER IX
MISCELLANEOUS
21. Provisions consistent with existing law 85
22. Regulatory supplementation of consumer rights 85
23. Concurrent grievance resolution 85
24. Delegation of enforcement power 85 NOTIFICATIONS 86
Cable Television Networks (Regulation) Act, 1995
[7 OF 1995]1
An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-sixth year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Cable Television Networks (Regulation) Act, 1995.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 29th day of September, 1994.
COMMENTS
CASE LAWS
Legislative Competence on Cable Regulation and Entertainment Tax -The Supreme Court ruled that the regulatory scope of the Cable Television Networks (Regulation) Act, 1995 does not interfere with the legislative competence of state governments to levy taxes on entertainments, such as the West Bengal Entertainment-cum-Amusement Tax Act, 1982. The Court emphasized that while the central act regulates cable operations, state laws imposing entertainment taxes fall within the state’s exclusive power under Entry 62, List II, Seventh Schedule of the Constitution. — State of W.B v. Purvi Communication Pvt. Ltd. AIR 2005 SC 1849.
Definitions.
2. In this Act, unless the context otherwise requires,— 2[(a) “authorised officer” means, within his local limits of jurisdiction,— (i) a District Magistrate, or
1. Dated 25-3-1995.
2. Inserted by the Cable Television Networks (Regulation) Amendment Act, 2000, w.e.f. 1-9-2000.
S. 2 CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 2
(ii) a Sub-divisional Magistrate, or (iii) a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to be an authorised officer for such local limits of jurisdiction as may be determined by that Government;]
3[(ai) “Authority” means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(aii) “Broadcaster” means a person or a group of persons, or body corporate, or any organisation or body providing programming services and includes his or its authorised distribution agencies;
(aiii) “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 network and fulfils the prescribed eligibility criteria and conditions;]
(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 signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers;
(d) “company” means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);
(e) “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;
4[(iii) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956)4a;]
5[(ei) “post” means a post and includes a pole, tower, standard, stay, strut, cabinet, pillar or any above ground contrivance for carrying, suspending or supporting any network infrastructure facility;]
3. Clauses (ai) to (aiii) substituted for clause (aa) by the Cable Television Networks (Regulation) Amendment Act, 2011, w.r.e.f. 25-10-2011. Prior to its substitution, clause (aa), as amended by the Cable Television Networks (Regulation) Amendment Act, 2000, w.e.f. 1-9-2000 read as under:
‘(aa) “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 network;’
4. Substituted, ibid. Prior to its substitution, clause (iii) read as under:
“(iii) a company in which not less than fifty-one per cent of the paid-up share capital is held by the citizens of India;”
4a. Now see section 2(20), 2(67), 2(68) and 2(71) of the Companies Act, 2013 (18 of 2013).
5. Inserted by the Cable Television Networks (Regulation) Amendment Act, 2011, w.r.e.f. 25-10-2011.
CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 S. 2
(f) “prescribed” means prescribed by rules made under this Act;
(g) “programme” means any television broadcast and includes—
(i) exhibition of films, features, dramas, advertisements and serials 6[***];
(
ii) any audio or visual or audio-visual live performance or presentation, and the expression “programming service” shall be construed accordingly;
6a[(gi) “public authority” means any authority, body or institution of local self-government constituted or established by or under—
(i) the Constitution of India;
(ii) any law made by Parliament;
(iii) any law made by a State Legislature;
(iv) any notification issued or order made by the appropriate Government, and includes any—
(v) body owned, controlled or substantially financed; or
(vi) non-governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;]
(h) “registering authority” means such authority as the Central Government may, by notification in the Official Gazette, specify to perform the functions of the registering authority under this Act 6a[within such local limits of jurisdiction as may be determined by that Government];
(i) “subscriber” means 7[any individual, or association of individuals, or a company, or any other organisation or body] who receives the signals of cable television network at a place 8[indicated by him or it] to the cable operator, without further transmitting it to any other person.
COMMENTS
CASE LAWS
Role of Section 2(17) in Regulating Business Practices and Safeguarding Consumer Rights - The Kerala High Court emphasized the role of section 2(17) in addressing unregulated business practices and safeguarding consumer rights within the framework of the Cable Television Networks (Regulation) Act, 1995. It highlighted that clear definitions and regulatory oversight are vital to ensuring lawful conduct and preventing exploitation through misleading schemes. The Court reinforced the applicability of this
6. Words “through video cassette recorders or video cassette players” omitted by the Cable Television Networks (Regulation) Amendment Act, 2011, w.r.e.f. 25-10-2011.
6a. Inserted, ibid
7. Substituted for “a person”, ibid
8. Substituted for “indicated by him”, ibid
S. 3 CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 4
provision to combat non-compliant broadcasting practices effectively. — P. Raveendran Pillai v. State of Kerala, AIR ONLINE 2020 Ker. 1175.
Definition of Consumer and Inclusion of Commercial Cable Subscribers under TRAI Regulations - The Supreme Court examined the definition of “consumer” in the context of broadcasting services under the Cable Television Networks (Regulation) Act, 1995 and related laws. It ruled that hotel owners, who provide television services as an amenity to their guests, qualify as consumers under the Act and cannot be excluded from the regulatory jurisdiction of the Telecom Regulatory Authority of India (TRAI). The Court rejected the argument that commercial cable subscribers are beyond the scope of TRAI regulations, affirming that such consumers remain within its purview. — Hotel and Restaurant Association v. Star India Pvt. Ltd. AIR 2007 SC 1168.
CHAPTER II
REGULATION OF CABLE TELEVISION NETWORK
Cable Television Network not to be operated except after registration.
3. No person shall operate a cable television network unless he is registered as a cable operator under this Act.
9[***]
COMMENTS
SECTION NOTES
No person shall operate a cable television network without obtaining registration as a cable operator under this Act [Section 3]
If a cable operator operates a cable television network without registration, the authorised officer may seize the equipment being used by such cable operator for operating the cable television network [Section 11]
The equipment seized shall be liable to confiscation unless the cable operator from whom the equipment has been seized registers himself as a cable operator under section 4 within thirty days from the date of seizure of the said equipment [Section 12]
Procedure for registration as cable operator [See Section 4]
For the definition of “Cable television network” [See Section 2(c)]
For the definition of “cable operator”, [See Section 2(aiii)]
Penalty for contravention of provisions of section 4 [See Section 16]
9. Omitted by the Cable Television Networks (Regulation) Amendment Act, 2011, w.r.e.f. 25-102011. Prior to its omission, proviso read as under:
“Provided that a person operating a cable television network, immediately before the commencement of this Act, may continue to do so for a period of ninety days from such commencement; and if he has made an application for registration as a cable operator under section 4 within the said period, till he is registered under that section or the registering authority refuses to grant registration to him under that section.”
10[Registration as cable operator.
4. (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.
(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.
10. Substituted by the Cable Television Networks (Regulation) Amendment Act, 2011, w.r.e.f. 25-10-2011. Prior to its substitution, section 4 read as under:
“4. Registration as cable operator.— (1) Any person who is operating or is desirous of operating a cable television network may apply for registration as a cable operator to the registering authority.
(2) An application under sub-section (1) shall be made in such form and be accompanied by such fee as may be prescribed.
(3) On receipt of the application, the registering authority shall satisfy itself that the applicant has furnished all the required information and on being so satisfied, register the applicant as a cable operator and grant him a certificate of such registration:
Provided that the registering authority may, for reasons to be recorded in writing and communicated to the applicant, refuse to grant registration to him if it is satisfied that he does not fulfil the conditions specified in clause (e) of section 2.”
S. 4 CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 6
(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 a reasonable opportunity of being heard to the cable operator.]
COMMENTS
SECTION NOTES
Any person who is desirous of operating a cable television network may apply for registration as a cable operator to the registering authority
Any person who is operating a cable television network may apply to the registering authority for renewal of registration as a cable operator
Eligibility conditions: For registration/renewal of registration, the cable operator shall fulfil such eligibility criteria and conditions as may be prescribed [Section 4(2); Rule 2A of the Cable Television Networks Rules, 1994.]
No new registration in a State, city, town or area notified under section 4A 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.
Form, fees and documents for making application for registration/renewal: An application for registration/renewal of registration shall be made in such form and accompanied by such documents and fees as may be prescribed. See Rule 3 of the Cable Television Networks Rules, 1994.
Grant of registration/renewal: 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). On being so satisfied, the registering authority shall 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).
Refusal of registration/renewal: If satisfied that the applicant does not fulfil the eligibility criteria and conditions prescribed under sub-section (2)[See Rule 2A of the Cable Television Networks Rules, 1994] or the application is not accompanied by necessary documents or fees as prescribed under sub-section (4)[See Rule 3 of the Cable Television Networks Rules, 1994], the registering authority may, 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.
Refusal to be communicated to the applicant within 45 days: The registering authority shall inform the applicant of such refusal within forty-five days of the date of receipt of the application in Form 4. Rule 5(3) of the Cable Television Networks Rules, 1994
Appeal to the Central Government against Refusal of Registration/Renewal: The applicant may prefer an appeal against the order of the registering authority refusing to grant or renew registration to the Central Government.
Revocation or suspension of registration by the Central Government: The Central Government may suspend or revoke the registration if the cable operator violates one or more of the terms and conditions of such registration:
No such order of suspension or revocation shall be made without giving the cable operator a reasonable opportunity to be heard.
11[Transmission of programmes through digital addressable systems, etc.
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 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.
11. Sections 4A and 4B substituted for section 4A by the Cable Television Networks (Regulation) (Amendment) Act, 2011, w.r.e.f. 25-10-2011. Prior to its substitution, section 4A, as inserted by the Cable Television Networks (Regulation) Amendment Act, 2002, w.e.f. 31-12-2002, read as under:
‘4A. Transmission of programmes through addressable system, etc.— (1) Where the Central Government is satisfied that it is necessary in the public interest to do so, it may, by notification in the Official Gazette, make it obligatory for every cable operator to transmit or re-transmit 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 members 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.
(Contd. on p. 8)
