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CABLE TELEVISION NETWORKS RULES, 1994

CABLE TELEVISION NETWORKS RULES, 1994

Cable Television Networks Rules, 1994

Cable Television Networks Rules, 1994[1]

[Amended up to G.S.R. 416(E), dated 17-6-2021]

[29th September, 1994]

In exercise of the powers conferred by sub-section (1) of Section 22 of the Cable Television Networks (Regulation) Ordinance, 1994 (Ordinance 9 of 1994)[2], the Central Government makes the following rules, namely:—

Rule - 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.

Rule - 2. [Definition.

In these rules, unless the context otherwise requires—

(a)      “Act” means the Cable Television Networks (Regulation) Act, 1995 (7 of 1995);

(b)      “form” means the form appended to these rules;

(c)      “Multi-System Operator” means a cable operator who has been granted registration under Rule 11-C and who receives a programming service from a broadcaster or its authorised 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 and includes his authorised distribution agencies, by whatever name called;

(d)      “notified area” means the area in respect of which the date has been notified by the Central Government under sub-section (1) of Section 4-A of the Act;

(e)      “registering authority” means—

(i)       in relation to a cable operator registered under Rule 5, the Head Post Master of a Head Post Office of the area within whose territorial jurisdiction the office of cable operator is situated;

(ii)      in relation to a Multi-System Operator registered under Rule 11-C the Central Government;

(f)       the words and expressions used herein and not defined, but defined in the Act, shall have the meaning assigned respectively to them in the Act.][3]

Rule - 2-A. [Eligibility criteria for cable operators.

The following criteria shall be fulfilled by an applicant who makes an application under Rule 3, namely—

(a)      where the applicant is a person, he shall be a citizen of India and not less than eighteen years of age;

(b)      where the applicant is an association of individuals or body of individuals, whether incorporated or not, the members of such an association or body shall be citizens of India and not less than eighteen years of age;

(c)      where the applicant is a company, such company shall be a company registered under the Companies Act, 1956 and shall be subject to such conditions relating to foreign direct investment as may be decided by the Central Government;

(d)      the applicant shall not be an un-discharged insolvent;

(e)      the applicant shall not be a person of unsound mind as declared by a competent court;

(f)       the applicant shall not be convicted of any criminal offence.][4]

Rule - 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 1 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.

[5][(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.)’.]

Rule - 4. Examination of Applications.

[6][* * *]

Rule - 5. [Registration of cable operator.

(1)     On being satisfied that the applicant fulfils eligibility criteria specified under Rule 2-A and the requirements of Rule 3, the registering authority shall, subject to the terms and conditions specified in Rule 5-A, issue certificate of registration or renewal of registration, as the case may be, in Form 3.

(2)     Where an application is received for issue of duplicate certificate, the Registering Authority shall, having regard to the requirements of Rules 2-A and 3, issue a duplicate Registration Certificate in Form 3-A.

(3)     Where the registering authority is satisfied that registration or renewal of registration cannot be granted, he shall inform the applicant of such refusal within forty-five days of the date of receipt of application in Form 4.][7]

Rule - 5-A. [Terms and conditions for registration.

A person who has been granted certificate under Rule 5 shall comply with the following terms and conditions, namely—

(a)      such person shall comply with all the provisions of the Act and the rules thereunder.

(b)      such person shall comply with the regulations made and the orders or directions or guidelines issued, by the Authority.

[8][(ba) such person shall furnish the information under Rule 10-A within the specified time;]

(c)      such person shall not carry programming service provided on the channel generated at the level of such cable operator which is in violation of the Programme Code specified in Rule 6 and the Advertising Code specified in Rule 7.

Rule - 5-B. Deemed registration for transmission in encrypted in certain cases.

Where, in respect of an area, a cable operator has already been registered and such registration is valid as on the date when such area was notified under sub-section (1) of Section 4-A, he shall be deemed to have been registered in respect of such area for the remaining period of its validity:

Provided that such cable operator—

(i)       transmits or re-transmits programmes of any channels in an encrypted form through a digital addressable system for the remaining period of the validity of registration in such areas; and

(ii)      complies with all the provisions of the Act and the rules made thereunder, and the regulations, orders, directions or guidelines made or issued by the Authority:

Provided further that where such cable operator fails to do so, the registration which is so deemed to have been valid, shall stand cancelled with effect from the date when such area is notified.][9]

Rule - 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)       criticizes, 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 woman, 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.

[10][(o) is not suitable for unrestricted public exhibition.

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).]

[11][(p) contains live coverage of any anti-terrorist operation by security forces, wherein media coverage shall be restricted to periodic briefing by an officer designated by the appropriate Government, till such operation concludes.

Explanation.—For the purposes of this clause, it is clarified that “anti-terrorist operation” means such operation undertaken to bring terrorists to justice, which includes all engagements involving justifiable use of force between security forces and terrorists.]

[12][(q) depicts cruelty or violence towards animals in any form or promotes unscientific belief that causes harm to animals:]

[13][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 Certification (CBFC) as suitable for unrestricted public exhibition in India.]

(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.

[14][(3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the [15][Copyright Act, 1957 (14 of 1957)] unless he has been granted a licence by owners of copyright under that 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 number of children are viewing.

[16][(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:

[17][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 11th May, 2006 and is under consideration, for a period up to 15th June, 2009 or till such registration has been granted or refused, whichever is earlier.]

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

[18][(7) where the Central Government is satisfied that the programme of any channel is not in conformity with the Programme Code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of Section 20 of the Act.]

Rule - 6-A. [Transmission of Doordarshan channels in prime band in satellite mode without interference to terrestrial signal.

[19][* * *]][20]

Rule - 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.

[21][(viii) promotes directly or indirectly production, sale or consumption of—

[22][(A) cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants:]

[23][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 service 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 the 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.]

(B) infant milk substitutes, feeding bottle or infant foods.]

[24][(ix) depicts cruelty or violence towards animals in any form or promotes unscientific belief that causes harm to animal.]

(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.

[25][(3-A) 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.

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

(10) All advertisements should be clearly distinguishable from the programmes 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.

[27][(11) No programme shall carry advertisements exceeding twelve minutes per hour, which may include up to ten minutes per hour of commercial advertisements, and up to two minutes per hour of a channel's self-promotional programmes.]

[28][(12) where the Central Government is satisfied that the advertisement of any channel is not in conformity with the Advertising Code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of Section 20 of the Act.]

Rule - 8. Register.

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

Rule - 9. [Standard interconnection agreements, tariffs and quality of service standards for the service providers in the area notified under Section 4-A 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 aspects and duly notify the—

(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 or local cable 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.][29]

Rule - 10. [Obligations of Broadcaster, Multi-System Operator and cable operator.

Every Broadcaster, Multi-System Operator and cable operator shall comply with the regulations, guidelines and orders as may be made or issued by the Authority.][30]

Rule - 10-A. [Obligation to furnish information.

(1)     Every Multi-System Operator and cable operator shall be bound to give such information as may be sought for by the Central Government or the State Government or any agency authorised by the Central Government or authorised officer, as the case may be, within such period and in such form as may be specified by such Government or agency or officer.

(2)     The authorised signatory of the Multi-System Operator or cable operator providing the information sought for under sub-rule (1) shall also be required to affirm as to the correctness and truthfulness of the information so provided.][31]

Rule - 11-A. [Application for registration as a Multi-System Operator.

(1)     For the purpose of operation of cable television network services with digital addressable system in a notified area, a person who desires to provide such service shall make an application for registration as Multi-System Operator to the registering authority in Form 6.

(2)     Every application under sub-rule (1) shall be accompanied by—

• a processing fee of Rupees One lakh;

• declaration in Form 2;

Rule - 11-B. Eligibility criteria for Multi-System Operator.

The following criteria shall be fulfilled by an applicant who makes an application under Rule 11-A, namely—

(a)      where the applicant is a person, he shall be a citizen of India and not less than eighteen years of age;

(b)      where the applicant is an association of individuals or body of individuals, whether incorporated or not, the members of such an association or body shall be citizens of India and not less than eighteen years of age;

(c)      where the applicant is a company, such company shall be a company registered under the Companies Act, 1956 and shall be subject to such conditions relating to foreign direct investment as may be decided by the Central Government;

(d)      the applicant shall not be an un-discharged insolvent;

(e)      the applicant shall not be a person of unsound mind as declared by a competent court;

(f)       the applicant shall not be convicted of any criminal offence.

Rule - 11-C. Registration as Multi-Systems Operator.

(1)     On being satisfied that the applicant fulfils the eligibility criteria specified under Rule 11-B and the requirements of Rule 11-A, the registering authority shall, subject to the terms and conditions specified in Rule 11-D and the security clearance from the Central Government, issue certificate of registration.

(2)     Where the registering authority is satisfied that registration cannot be granted, it shall inform the applicant in writing giving reasons for such refusal.

Rule - 11-D. Terms and conditions for registration as Multi-Systems Operator.

A person who has been granted certificate under Rule 11-C shall comply with the following terms and conditions, namely—

(a)      such person shall comply with all the provisions of the Act and the rules made thereunder;

(b)      such person shall comply with the regulations, orders, directions or guidelines made or issued by the Authority;

[32][(ba) such person shall furnish the information under Rule 10-A within the specified time;]

(c)      such person shall have the capacity to carry minimum number of television channels specified by the Authority;

(d)      such person shall not carry programming service provided on the channel generated at the level of such Multi-System operator which is in violation of the Programme Code specified in Rule 6 and the Advertising Code specified in Rule 7.

Rule - 11-E. Provisional registration.

Where an application has been made under Rule 11-A and the registering authority considers that pending registration, it is necessary to grant provisional registration, it may, after preliminary scrutiny of such application, grant a provisional registration:

Provided that such provisional registration shall not confer any right to the applicant to claim regular registration:

Provided further that where regular registration is refused to be granted by the registering authority, the provisional registration so granted shall stand cancelled.

Rule - 11-F. Deemed Registration of Multi-System Operator in certain cases.

No multi-system operator providing cable television network services in areas as on the date when such areas are notified under sub-section (1) of Section 4-A shall, with effect from the date specified in that notification, continue to provide such services in such areas unless such operator is granted registration under Section 11-C:

Provided that a multi-system operator who has been permitted to operate in areas notified prior to the coming into force of the Cable Television Networks (Regulation) Amendment Act, 2011 (21 of 2011) shall be deemed to have been registered under Rule 11-C in respect of such areas for the remaining period of the validity of such permission:

Provided further that such operator shall be required to furnish an undertaking to the registering authority at least thirty days prior to the notified date for operation of Digital Addressable System, namely—

(a)      such operator shall transmit or re-transmit channels only in an encrypted form through a digital addressable system in the notified areas;

(b)      such operator shall comply with the provisions of the Act and the rules made thereunder and the regulations, orders, directions or guidelines made or issued by the Authority; and

(c)      such operator shall deposit the processing fee with the registering authority as prescribed in Rule 11-A:

Provided also that where such operator fails to do so, the permission which is deemed to have been valid, shall, with effect from the date when such area is notified stand cancelled.][33]

Rule - 12. [Public awareness, Information on channels, price of channels, quality standards and grievance redressal.

(1)     Every broadcaster, multi-system operator and cable operator shall create public awareness among, and provide information to, the subscribers in the notified areas from a period at least thirty days prior to the date such areas are notified, either through advertisements in the print and electronic media or through such other means including leaflets, printing on the reverse of the receipts, personal visits, group meetings with subscribers or consumer groups, cable service and website containing salient features of the Digital Addressable Cable System as approved by the Authority and in particular the following information, namely—

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

(c)      the number and names of free-to-air channels that the multi-system operator shall provide to the subscribers;

(d)      the 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 to 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.

(2)     Every cable operator and Multi-system operator shall devise a mechanism for grievance redressal of subscribers in respect of the services offered by them in such manner as may be specified by the Authority and inform the details thereof, to the subscribers through the cable service or the website or any other appropriate means and such information shall also include the address and telephone number where a subscriber can file a complaint and the time period within which grievances are to be addressed, the manner of communication of the redressal to a subscriber and the feedback thereon from the subscriber.

(3)     The Central Government or the Authority, as the case may be, may arrange public awareness activities in the notified areas either directly or through agencies authorized including consumer organizations.][34]

Rule - 13. Supply and installation of Set Top Boxes.

(1)     Every subscriber in the notified areas who is desirous of receiving one or more channels may approach any one of the multi-system operators who has been registered under Rule 11-C, either directly or through any of his linked local cable operators, for supply and installation of one or more set top boxes in his premises 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, which is technically compatible with the system of the multi-system operator and the multi-system operator or the cable operator shall not force any subscriber to buy or to take on rent the set top box from him alone.

(2)     Every multi-system operator shall procure, supply and install the required number of set top boxes in the premises of every subscriber who approaches such operator under sub-rule (1) in accordance with the quality standards as may be determined by the Authority by any regulation or order and transmit the requisite channels through the same or through the set top box of approved quality acquired by the subscriber on his own, as the case may be.

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

(4)     Upon a subscriber leaving the service area of the multi system operator, he shall be allowed to surrender his set top box and be given full refund of the security deposit, if any, made on the set top box and in the case—

(a)      where the set top box was purchased by the subscriber from that multi-system operator such operator shall buy-back the set top box after making deduction in accordance with the conditions specified to the subscribed at the time of purchase of the set top box;

(b)      In the case of the subscriber shifting his premise within the service area of such operator, he shall be given a transfer voucher for provisioning of a new set top box on the same terms and conditions at the new address:

Provided that a subscriber, who is not satisfied with the services provided by such operator or his linked cable operator, shall be free to opt out of the network of that operator and in the case where the subscriber wishes to opt out, the multi-system operator and his linked cable operator shall allow the subscriber to surrender the Set Top Box provided by it, after making deductions in accordance with the conditions specified to the subscribed at the time of installation of the set-top box.][35]

Rule - 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.

Rule - 15. [Complaint redressal structure.

(1)     To ensure observance and adherence to the Programme Code and the Advertising Code by the broadcaster and to address the grievance or complaint, if any, relating thereto, there shall be a three-level structure as under:

(i)       Level I - A self-regulation by broadcasters;

(ii)      Level II - Self-regulation by the self-regulating bodies of the broadcasters; and

(iii)     Level III - Oversight mechanism by the Central Government.][36]

Rule - 16. Filing and processing of grievance or complaint.

(1)     Any person aggrieved by the content of a programme of a channel as being not in conformity with the Programme Code or the Advertising Code may file his complaint in writing to the broadcaster:

Provided that where such complaint relates to Advertising Code laid down by the Advertising Standards Council of India, such complaint may be addressed to the said Council and that Council shall deal with such complaint in accordance with the procedure laid down by it:

Provided further that Advertising Standards Council of India shall take a decision on the complaint within sixty days of its receipt, and communicate the same to the broadcaster and the complainant.

(2)     The broadcaster shall, within twenty-four hours of complaint being filed, generate and issue an acknowledgement to the complainant for his information and record.

(3)     Every complaint shall be dealt with in the following manner, namely—

(a)      the broadcaster shall dispose of the complaint and inform the complainant of its decision within fifteen days of receipt of such complaint;

(b)      if the decision of the broadcaster is not communicated to the complainant within the stipulated period of fifteen days, or if the complainant is not satisfied with the decision of the broadcaster, he may prefer an appeal to the self-regulating body of which such broadcaster is a member, within fifteen days therefrom;

(c)      the self-regulating body shall dispose of the appeal within sixty days of receipt of appeal and convey its decision in the form of a guidance or advisory to the broadcaster, and inform the complainant of such decision within a period of fifteen days;

(d)      where the complainant is not satisfied with the decision of the self-regulating body, he may, within fifteen days of such decision, prefer an appeal to the Central Government for its consideration under the Oversight Mechanism referred to in Rule 19.

Rule - 17. Self-Regulation by broadcasters.

(1)     A broadcaster shall—

(i)       establish a grievance or complaint redressal mechanism and appoint an officer to deal with the complaints received by it;

(ii)      display the contact details related to its grievance redressal mechanism, the name and contact details of its Grievance officer at an appropriate place on its website or interface, as the case may be;

(iii)     ensure that such Officer takes a decision on every grievance or complaint received by it within fifteen days and communicate the same to the complainant within the stipulated time;

(iv)    be a member of a self-regulating body and abide by its terms and conditions.

(2)     The Officer referred to in sub-rule (1) shall—

(i)       be the contact point for receiving any grievance or complaint relating to Programme Code and Advertising Code;

(ii)      act as the nodal point for interaction with the complainant, the self-regulating body and the Central Government.

(3)     The broadcaster shall comply with every advisory, guidance, order or direction issued under this rule by the self-regulating body or by the Central Government, as the case may be.

Rule - 18. Self-regulation by the self-regulating body of broadcasters.

(1)     There may be one or more self-regulatory body of broadcasters, being an independent body constituted by the broadcasters or its association:

Provided that every such self-regulating body shall be constituted by a minimum of forty broadcasters.

(2)     Every self-regulating body referred to in sub-rule (1) shall be headed by a retired Judge of the Supreme Court or of a High Court or an independent eminent person from the field of media, broadcasting, entertainment, child rights, human rights or such other relevant fields, and shall have other members, preferably not exceeding six, being independent experts in the field of media, broadcasting, entertainment, child rights, human rights and such other relevant fields.

(3)     The self-regulating body shall, after its constitution in accordance with sub-rule (2), register itself with the Central Government within a period of thirty days from the date of publication of these rules, or within thirty days from the date of its constitution, whichever is earlier:

Provided that before granting registration to the self-regulating body, the Central Government shall satisfy itself that the self-regulating body has been constituted in accordance with sub-rule (2) and has agreed to perform the functions specified in sub-rules (4) and (5).

(4)     The self-regulating body shall perform the following functions, namely—

(i)       oversee and ensure the alignment and adherence by the broadcaster to the Programme Code and the Advertising Code;

(ii)      provide guidance to the broadcaster on various aspects of the Programme Code and the Advertising Code;

(iii)     dispose of grievances which have not been disposed of by the broadcaster within the specified period of fifteen days;

(iv)    hear appeals filed by the complainant against the decision of the broadcaster;

(v)      issue such guidance or advisories to a broadcaster, including those specified in sub-rule (5), for ensuring compliance to the Programme Code and the Advertising Code.

(5)     A self-regulating body while disposing complaint or an appeal referred to in sub-rule (4) may issue the following guidance or advisories to the broadcaster, namely—

(i)       advisory, warning, censure, admonish or reprimand; or

(ii)      an apology to be telecast by the broadcaster; or

(iii)     include a warning card or a disclaimer; or

(iv)    in case of any content where it is satisfied that there is a need for taking action to delete or modify content, refer it to the Central Government for the consideration of the oversight mechanism referred to in Rule 19 for appropriate action.

(6)     Where the self-regulating body is of the opinion that there is no violation of the Programme Code or the Advertising Code, it shall convey such decision to the complainant and the broadcaster.

(7)     Where the broadcaster fails to comply with the guidance or advisory of the self-regulating body within the time specified in such guidance or advisory, the self-regulating body shall refer the matter to the Oversight Mechanism referred to in Rule 19 within fifteen days of expiry of the stipulated period.

Rule - 19. Oversight Mechanism.

(1)     The Central Government shall coordinate and facilitate the adherence to the Programme Code and the Advertising Code by the broadcaster, develop an Oversight Mechanism, and perform the following functions, namely—

(i)       publish a charter for self-regulating bodies, including Codes of Practices for such bodies;

(ii)      establish an Inter-Departmental Committee for hearing grievances or complaints;

(iii)     refer to the Inter-Departmental Committee grievances or complaints arising out of the decision of the self-regulating body under Rule 17, or if no decision has been taken by the self-regulating body within the stipulated time, or on receipt of such other complaints or references relating to violation of Programme Code or Advertising Code as it may consider necessary;

(iv)    issue apropriate guidance and advisories to broadcasters;

(v)      issue appropriate orders and directions to broadcasters for maintenance and adherence to the Programme Code and the Advertising Code;

(vi)    take action for non-compliance of its orders or directions and that of the self-regulating body.

Rule - 20. Inter-Departmental Committee.

(1)     The Central Government shall constitute an Inter-Departmental Committee, chaired by the Additional Secretary in the Ministry of Information and Broadcasting, and consisting of representatives from the Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, and representatives of such other Ministries and Organisations, including experts, as the Central Government may decide.

(2)     The Inter-Departmental Committee shall devise its own procedure for hearing grievances or complaints.

(3)     The Committee shall meet periodically and hear complaints regarding violation or contravention of the Programme Code and the Advertising Code that may—

(i)       arise out of appeal against the decisions taken at the Level I or Level II, as the case may be, or where no such decision is taken within the specified time;

(ii)      be referred to it by the Central Government.

(4)     The Inter-Departmental Committee shall examine complaints or grievances received by it and make any of the following recommendations to the Central Government, namely—

(i)       advising, warning, censuring, admonishing or reprimanding such broadcaster; or

(ii)      requiring an apology of such broadcaster; or

(iii)     requiring such broadcaster to include a warning card or a disclaimer; or

(iv)    requiring such broadcaster to delete or modify content or take the channel or a programme off-air for a specified time period where it is satisfied that such action is warranted, for reasons to be recorded in writing.

(5)     The Central Government may, after taking into consideration the recommendations of the Committee, issue appropriate orders and directions under sub-section (3) of Section 20 of the Act for compliance by the broadcaster.

Rule - 21. Disclosure of Information.

(1)     A self-regulating body and a broadcaster shall make true and full disclosure of all grievances or complaints received by it, the manner in which the complaints are disposed of, the action taken on such complaints, the reply sent to the complainant, the orders or directions received by it and action taken on such orders or directions.

(2)     The information referred to in sub-section (1) shall be placed in public domain, and updated quarterly.

(3)     Subject to any law for the time being in force, the broadcaster shall preserve record of the content telecast by it for a minimum period of ninety days and make it available to the self-regulating body or the Central Government, or any other Central Government agency as may be requisitioned by it.

[37][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 other than multi-system operator

To,

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 (individua1/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)

Citizenship (for individual applicants/body of individuals)

(b)

Details of Incorporation in case of Company.

4.

(a)

Amount of fee paid for registration/renewa1/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.

Address of Premise from where service will be provided

7a.

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

7b.

Names of Doordarshan and Parliament satellite channels included in cable service

7c.

Number of Channels being provided/proposed to be set up

8.

(a)

Whether using Television Receive Only (TVRO) Yes/No

(b)

If yes, number and size of TVRO.....................................

(c)

Location..................................

9.

Copy of earlier registration certificate enclosed Yes/No

(To be filled in only for renewal of registration)

10.

(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..................................

11.

Documents to be attached:

(A)

In case of an individual

(i)

ID proof

(ii)

Proof of residence

(iii)

PAN number

(iv)

Copy of current Income Tax Return, if any

(v)

Copy of Income Tax, Service Tax and Entertainment Tax in case of renewal of registration.

(B)

In case of association or body of individuals

(i)

Document by which the association or body of individuals has come into existence, including address and details of office bearers

(ii)

PAN number

(iii)

Copies of current Tax returns for Income Tax, Service Tax, and Entertainment Tax, if any

(iv)

Copy of Income Tax, Service Tax and Entertainment Tax in case of renewal of registration

(C)

In case of companies

(i)

A copy of the certificate of incorporation of the company alongwith copies of Memorandum of Association and Articles of Association, details of Board of Directors, Chief Executives & shareholding pattern.

(ii)

PAN number

(iii)

Copies of current Tax returns for Income Tax, Service Tax & Entertainment Tax, if any.

(If these numbers are not available at the time of application, the same can be allowed to be submitted within two months. Applicant shall be required to file an affidavit to this effect along with the application for grant of registration).

(iv)

Copy of Income Tax, Service Tax and Entertainment Tax in case of renewal of registration

[Note.—In case of any change in the above, same shall be intimated to the Registering authority within a month such changes taking place.]

12.

Declaration in Form 2 on a stamp paper of Rs 10 enclosed. Yes/No

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

I/We ..........................the applicant(s) *(individua1/firm/company/association of persons/body of individuals) do hereby declare that the above facts are correct in all respects.

Signature of Applicant

*(Individua1/firm/company/association of persons/body of individuals)

Place:

Name..............................................................

Date:

Address..........................................................

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

[38][Form 2

[See Rule 3(3) and Rule 11-A(2)]

I/We ..........................the applicant(s) (individua1/firm/company/association of persons/body of individuals) for registration as a cable operator/Multi-System operator/renewal of registration as a cable operator/Multi-System operator do hereby declare that—

(i)

I/We shall ensure that my/our cable television network shall be run in accordance with the provisions of the Cable Television Networks (Regulation) Act, 1995, and the rules made thereunder, regulations, orders, guidelines or the directions issued by the Central Government or the Authority from time to time.

(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) Act, 1995 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 approva1/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.

(vii)

I/We shall transmit or re-transmit channels in the area notified under Section 4-A of the Act in an encrypted form through a digital addressable system and in the event of failure to do so, our existing registration is liable to be cancelled.

*

I/We shall not carry programming service provided on the channel generated at my/our level, which is in violation of the Programme & Advertising Codes prescribed in Rules 6 and 7.

*

I/We have not been convicted for a criminal offence.

*

I/We am/are not of unsound mind as declared by a competent court;

*

I/We am/are not an undischared insolvent.

*

I/We have submitted all the documents as prescribed in Form 1 (in case of cable operators) and Form 6 (in case of Multi-System Operator).

Signature of Applicant

(Individua1/firm/company/association of persons/body of individuals)

Place:

Name

Date:

Address

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

[39][Form 3

[See Rule 5(1)]

Government of India

Head Post Office

Registration Certificate Number

1.

Shri/Shrimati/M/s .....................................resident of ................................./ the company named, ................. 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 ..................

The Registration Number is.............................

2.

This Certificate is only valid for the premises stated above.

3.

This Certificate is subject to the condition that the applicant shall not carry any programme in a programming service provided on the channel generated at the level of such cable operator, which is in violation of the Programme and Advertising Code laid down in Rules 6 and 7 respectively of the Cable Television Networks Rules, 1994.

4.

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.]

[40][Form 3-A

[See Rule 5(2)]

Government of India

Head Post Office

Duplicate Registration Certificate

1.

Shri/Shrimati/M/s.................................resident of ................................./ the company named,............. is registered as a cable operator *(individua1/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).

The Registration Number is.............................

2.

This Certificate is valid only for the premises stated above.

3.

This Certificate is subject to the condition that the applicant shall not carry any programme in a programming service provided on the channel generated at the level of such cable operator, which is in violation of the Programme and Advertising Code laid down in Rules 6 and 7 respectively of the Cable Television Networks Rules, 1994.

4.

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

..........(Town/city)

Place: Date:

To be displayed prominently on the premises of the cable operator

*

Tick whichever is appropriate]

[41][Form 4

[See Rule 5(3)]

To,

.............................

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 for the following reasons:

a.

b.

c.

(ii)

Registration fee has not been tendered.

(iii)

Applicant is not a citizen of India

(iv)

Any other reason

Head Post Master Head Post Office

Place: .........................

Date: ..........................]

Form 5

(See Rule 8)

Form of register to be maintained by each cable operator

Sl. No.

Encrypted Channe1/Programme

Duration From

to

Date

Month

Year

1

2

3

4

5

6

7

Signature of Cable Operator.

[42][Form 6

[See Rule 11-A]

(To be submitted in duplicate)

To

The Secretary

Ministry of Information & Broadcasting,

‘A’ Wing, Shastri Bhawan,

New Delhi − 110001.

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

Sir,

I hereby submit the following details for grant of registration

1.(a)

Name of the Applicant (individua1/firm/company/association of persons/body of individuals)**

(b)

Age/Date of establishment/Date of Incorporation

(c)

Address of the premise from where the service will be offered

2.(a)

Citizenship (for individual applicants/body of individuals)

(b)

Details of incorporation in case of Company

3.(a)

Bank Draft of Rs 1,00,000 in favour of Pay & Accounts Officer, Ministry of Information & Broadcasting.

(b)

PAN Number

(c)

Copy of current Income Tax, Service Tax and Entertainment Tax returns. If not available, the reasons therefor.

(d)

Service Tax Registration Number of individua1/firm/company/association of persons/body of individuals. (If the number is not available at the time of application, the same can be allowed to be submitted within two months. Applicant shall be required to file an affidavit to this effect along with the application for grant of license)

(e)

Entertainment Tax Registration Number

4.

Details of existing Registration as a Cable Operator

• Name of the Post Office with which registered

• Registration No./Validity up to

• Copy of the Registration Certificate (enclose)

5.

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

• Corporate Office/Head Office

• Registered Office

• Regional Offices

• 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.

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 for operation of cable service as MSO (sufficient proof to be enclosed)

12.

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

(ii) DAS 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 (own/broadcaster's) (give names separately for own channels and broadcasters' channels)

14.

Whether the capacity to carry minimum number of channels specified by the Authority is available- Yes/No

15.

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

16.

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)

17.

Details of past experience/field of activity

18.

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).

19.

Number of Agreements signed with broadcasters to supply their channels under Digital Addressable System (DAS) scheme (Give names of broadcasters and their channels for which agreements signed alongwith copies of agreements to substantiate your claim)

20.

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

21.

Undertaking on a stamp paper of Rs 10 as per Form 2.

...................................................I/We the applicant(s) **(individua1/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 DAS scheme in the notified areas

Signature of Applicant/Authorized person **(individua1/firm/company/association of persons/body of individuals)

Place

Name..................................]

 



[1] Vide G.S.R. 729(E), dated September 29, 1994, published in the Gazette of India, Extra., Part II, S. 3(i), dated 29-9-1994, pp. 5-8.

[2] Now Cable Television Networks (Regulation) Act, 1995 (7 of 1995).

[3] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[4] Ins. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[5] Subs. by G.S.R. 459(E), dt. 8-10-1996 (w.e.f. 8-10-1996).

[6] Omitted by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012). Prior to omission it read as:

“4. Examination of Applications.—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.”

[7] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[8] Ins. by S.O. 1521(E), dated 6-7-2012 (w.e.f. 6-7-2012).

[9] Ins. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[10] Ins. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[11] Ins. by G.S.R. 216(E), dt. 21-3-2015 (w.e.f. 23-3-2015).

[12] Ins. by G.S.R. 804(E), dt. 19-8-2016 (w.e.f. 19-8-2016).

[13] Ins. by G.S.R. 459(E), dt. 2-8-2006 (w.e.f. 3-8-2006).

[14] Subs. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[15] Subs. by G.S.R. 26(E), dt. 18-1-2001 (w.e.f. 18-1-2001).

[16] Ins. by G.S.R. 282(E), dt. 11-5-2006 (w.e.f. 11-5-2006).

[17] Subs. by G.S.R. 411(E), dt. 12-6-2009 (w.e.f. 12-6-2009).

[18] Ins. by G.S.R. 416(E), dated 17-6-2021 (w.e.f. 17-6-2021).

[19] Omitted by G.S.R. 719(E), dt. 13-9-2000.

[20] Ins. by G.S.R. 597(E), dt. 20-8-1999 (w.e.f. 20-8-1999).

[21] Ins. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[22] Subs. by G.S.R. 104(E), dt. 25-2-2008 (w.e.f. 25-2-2008).

[23] Ins. by G.S.R. 138(E), dt. 27-2-2009 (w.e.f. 27-2-2009).

[24] Ins. by G.S.R. 804(E), dt. 19-8-2016 (w.e.f. 19-8-2016).

[25] Ins. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[26] Subs. by G.S.R. 459(E), dt. 2-8-2006 (w.e.f. 3-8-2006).

[27] Ins. by G.S.R. 452(E), dt. 31-7-2006 (w.e.f. 31-7-2006).

[28] Ins. by G.S.R. 416(E), dated 17-6-2021 (w.e.f. 17-6-2021).

[29] Subs. for Rules 9 to 14 by G.S.R. 452(E), dt. 31-7-2006 (w.e.f. 31-7-2006).

[30] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[31] Ins. by S.O. 1521(E), dated 6-7-2012 (w.e.f. 6-7-2012).

[32] Ins. by S.O. 1521(E), dated 6-7-2012 (w.e.f. 6-7-2012).

[33] Subs. for Rule 11 by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[34] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[35] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[36] Ins. by G.S.R. 416(E), dated 17-6-2021 (w.e.f. 17-6-2021).

[37] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[38] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[39] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[40] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[41] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[42] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

-->

Cable Television Networks Rules, 1994

Cable Television Networks Rules, 1994[1]

[Amended up to G.S.R. 416(E), dated 17-6-2021]

[29th September, 1994]

In exercise of the powers conferred by sub-section (1) of Section 22 of the Cable Television Networks (Regulation) Ordinance, 1994 (Ordinance 9 of 1994)[2], the Central Government makes the following rules, namely:—

Rule - 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.

Rule - 2. [Definition.

In these rules, unless the context otherwise requires—

(a)      “Act” means the Cable Television Networks (Regulation) Act, 1995 (7 of 1995);

(b)      “form” means the form appended to these rules;

(c)      “Multi-System Operator” means a cable operator who has been granted registration under Rule 11-C and who receives a programming service from a broadcaster or its authorised 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 and includes his authorised distribution agencies, by whatever name called;

(d)      “notified area” means the area in respect of which the date has been notified by the Central Government under sub-section (1) of Section 4-A of the Act;

(e)      “registering authority” means—

(i)       in relation to a cable operator registered under Rule 5, the Head Post Master of a Head Post Office of the area within whose territorial jurisdiction the office of cable operator is situated;

(ii)      in relation to a Multi-System Operator registered under Rule 11-C the Central Government;

(f)       the words and expressions used herein and not defined, but defined in the Act, shall have the meaning assigned respectively to them in the Act.][3]

Rule - 2-A. [Eligibility criteria for cable operators.

The following criteria shall be fulfilled by an applicant who makes an application under Rule 3, namely—

(a)      where the applicant is a person, he shall be a citizen of India and not less than eighteen years of age;

(b)      where the applicant is an association of individuals or body of individuals, whether incorporated or not, the members of such an association or body shall be citizens of India and not less than eighteen years of age;

(c)      where the applicant is a company, such company shall be a company registered under the Companies Act, 1956 and shall be subject to such conditions relating to foreign direct investment as may be decided by the Central Government;

(d)      the applicant shall not be an un-discharged insolvent;

(e)      the applicant shall not be a person of unsound mind as declared by a competent court;

(f)       the applicant shall not be convicted of any criminal offence.][4]

Rule - 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 1 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.

[5][(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.)’.]

Rule - 4. Examination of Applications.

[6][* * *]

Rule - 5. [Registration of cable operator.

(1)     On being satisfied that the applicant fulfils eligibility criteria specified under Rule 2-A and the requirements of Rule 3, the registering authority shall, subject to the terms and conditions specified in Rule 5-A, issue certificate of registration or renewal of registration, as the case may be, in Form 3.

(2)     Where an application is received for issue of duplicate certificate, the Registering Authority shall, having regard to the requirements of Rules 2-A and 3, issue a duplicate Registration Certificate in Form 3-A.

(3)     Where the registering authority is satisfied that registration or renewal of registration cannot be granted, he shall inform the applicant of such refusal within forty-five days of the date of receipt of application in Form 4.][7]

Rule - 5-A. [Terms and conditions for registration.

A person who has been granted certificate under Rule 5 shall comply with the following terms and conditions, namely—

(a)      such person shall comply with all the provisions of the Act and the rules thereunder.

(b)      such person shall comply with the regulations made and the orders or directions or guidelines issued, by the Authority.

[8][(ba) such person shall furnish the information under Rule 10-A within the specified time;]

(c)      such person shall not carry programming service provided on the channel generated at the level of such cable operator which is in violation of the Programme Code specified in Rule 6 and the Advertising Code specified in Rule 7.

Rule - 5-B. Deemed registration for transmission in encrypted in certain cases.

Where, in respect of an area, a cable operator has already been registered and such registration is valid as on the date when such area was notified under sub-section (1) of Section 4-A, he shall be deemed to have been registered in respect of such area for the remaining period of its validity:

Provided that such cable operator—

(i)       transmits or re-transmits programmes of any channels in an encrypted form through a digital addressable system for the remaining period of the validity of registration in such areas; and

(ii)      complies with all the provisions of the Act and the rules made thereunder, and the regulations, orders, directions or guidelines made or issued by the Authority:

Provided further that where such cable operator fails to do so, the registration which is so deemed to have been valid, shall stand cancelled with effect from the date when such area is notified.][9]

Rule - 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)       criticizes, 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 woman, 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.

[10][(o) is not suitable for unrestricted public exhibition.

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).]

[11][(p) contains live coverage of any anti-terrorist operation by security forces, wherein media coverage shall be restricted to periodic briefing by an officer designated by the appropriate Government, till such operation concludes.

Explanation.—For the purposes of this clause, it is clarified that “anti-terrorist operation” means such operation undertaken to bring terrorists to justice, which includes all engagements involving justifiable use of force between security forces and terrorists.]

[12][(q) depicts cruelty or violence towards animals in any form or promotes unscientific belief that causes harm to animals:]

[13][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 Certification (CBFC) as suitable for unrestricted public exhibition in India.]

(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.

[14][(3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the [15][Copyright Act, 1957 (14 of 1957)] unless he has been granted a licence by owners of copyright under that 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 number of children are viewing.

[16][(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:

[17][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 11th May, 2006 and is under consideration, for a period up to 15th June, 2009 or till such registration has been granted or refused, whichever is earlier.]

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

[18][(7) where the Central Government is satisfied that the programme of any channel is not in conformity with the Programme Code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of Section 20 of the Act.]

Rule - 6-A. [Transmission of Doordarshan channels in prime band in satellite mode without interference to terrestrial signal.

[19][* * *]][20]

Rule - 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.

[21][(viii) promotes directly or indirectly production, sale or consumption of—

[22][(A) cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants:]

[23][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 service 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 the 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.]

(B) infant milk substitutes, feeding bottle or infant foods.]

[24][(ix) depicts cruelty or violence towards animals in any form or promotes unscientific belief that causes harm to animal.]

(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.

[25][(3-A) 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.

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

(10) All advertisements should be clearly distinguishable from the programmes 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.

[27][(11) No programme shall carry advertisements exceeding twelve minutes per hour, which may include up to ten minutes per hour of commercial advertisements, and up to two minutes per hour of a channel's self-promotional programmes.]

[28][(12) where the Central Government is satisfied that the advertisement of any channel is not in conformity with the Advertising Code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of Section 20 of the Act.]

Rule - 8. Register.

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

Rule - 9. [Standard interconnection agreements, tariffs and quality of service standards for the service providers in the area notified under Section 4-A 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 aspects and duly notify the—

(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 or local cable 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.][29]

Rule - 10. [Obligations of Broadcaster, Multi-System Operator and cable operator.

Every Broadcaster, Multi-System Operator and cable operator shall comply with the regulations, guidelines and orders as may be made or issued by the Authority.][30]

Rule - 10-A. [Obligation to furnish information.

(1)     Every Multi-System Operator and cable operator shall be bound to give such information as may be sought for by the Central Government or the State Government or any agency authorised by the Central Government or authorised officer, as the case may be, within such period and in such form as may be specified by such Government or agency or officer.

(2)     The authorised signatory of the Multi-System Operator or cable operator providing the information sought for under sub-rule (1) shall also be required to affirm as to the correctness and truthfulness of the information so provided.][31]

Rule - 11-A. [Application for registration as a Multi-System Operator.

(1)     For the purpose of operation of cable television network services with digital addressable system in a notified area, a person who desires to provide such service shall make an application for registration as Multi-System Operator to the registering authority in Form 6.

(2)     Every application under sub-rule (1) shall be accompanied by—

• a processing fee of Rupees One lakh;

• declaration in Form 2;

Rule - 11-B. Eligibility criteria for Multi-System Operator.

The following criteria shall be fulfilled by an applicant who makes an application under Rule 11-A, namely—

(a)      where the applicant is a person, he shall be a citizen of India and not less than eighteen years of age;

(b)      where the applicant is an association of individuals or body of individuals, whether incorporated or not, the members of such an association or body shall be citizens of India and not less than eighteen years of age;

(c)      where the applicant is a company, such company shall be a company registered under the Companies Act, 1956 and shall be subject to such conditions relating to foreign direct investment as may be decided by the Central Government;

(d)      the applicant shall not be an un-discharged insolvent;

(e)      the applicant shall not be a person of unsound mind as declared by a competent court;

(f)       the applicant shall not be convicted of any criminal offence.

Rule - 11-C. Registration as Multi-Systems Operator.

(1)     On being satisfied that the applicant fulfils the eligibility criteria specified under Rule 11-B and the requirements of Rule 11-A, the registering authority shall, subject to the terms and conditions specified in Rule 11-D and the security clearance from the Central Government, issue certificate of registration.

(2)     Where the registering authority is satisfied that registration cannot be granted, it shall inform the applicant in writing giving reasons for such refusal.

Rule - 11-D. Terms and conditions for registration as Multi-Systems Operator.

A person who has been granted certificate under Rule 11-C shall comply with the following terms and conditions, namely—

(a)      such person shall comply with all the provisions of the Act and the rules made thereunder;

(b)      such person shall comply with the regulations, orders, directions or guidelines made or issued by the Authority;

[32][(ba) such person shall furnish the information under Rule 10-A within the specified time;]

(c)      such person shall have the capacity to carry minimum number of television channels specified by the Authority;

(d)      such person shall not carry programming service provided on the channel generated at the level of such Multi-System operator which is in violation of the Programme Code specified in Rule 6 and the Advertising Code specified in Rule 7.

Rule - 11-E. Provisional registration.

Where an application has been made under Rule 11-A and the registering authority considers that pending registration, it is necessary to grant provisional registration, it may, after preliminary scrutiny of such application, grant a provisional registration:

Provided that such provisional registration shall not confer any right to the applicant to claim regular registration:

Provided further that where regular registration is refused to be granted by the registering authority, the provisional registration so granted shall stand cancelled.

Rule - 11-F. Deemed Registration of Multi-System Operator in certain cases.

No multi-system operator providing cable television network services in areas as on the date when such areas are notified under sub-section (1) of Section 4-A shall, with effect from the date specified in that notification, continue to provide such services in such areas unless such operator is granted registration under Section 11-C:

Provided that a multi-system operator who has been permitted to operate in areas notified prior to the coming into force of the Cable Television Networks (Regulation) Amendment Act, 2011 (21 of 2011) shall be deemed to have been registered under Rule 11-C in respect of such areas for the remaining period of the validity of such permission:

Provided further that such operator shall be required to furnish an undertaking to the registering authority at least thirty days prior to the notified date for operation of Digital Addressable System, namely—

(a)      such operator shall transmit or re-transmit channels only in an encrypted form through a digital addressable system in the notified areas;

(b)      such operator shall comply with the provisions of the Act and the rules made thereunder and the regulations, orders, directions or guidelines made or issued by the Authority; and

(c)      such operator shall deposit the processing fee with the registering authority as prescribed in Rule 11-A:

Provided also that where such operator fails to do so, the permission which is deemed to have been valid, shall, with effect from the date when such area is notified stand cancelled.][33]

Rule - 12. [Public awareness, Information on channels, price of channels, quality standards and grievance redressal.

(1)     Every broadcaster, multi-system operator and cable operator shall create public awareness among, and provide information to, the subscribers in the notified areas from a period at least thirty days prior to the date such areas are notified, either through advertisements in the print and electronic media or through such other means including leaflets, printing on the reverse of the receipts, personal visits, group meetings with subscribers or consumer groups, cable service and website containing salient features of the Digital Addressable Cable System as approved by the Authority and in particular the following information, namely—

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

(c)      the number and names of free-to-air channels that the multi-system operator shall provide to the subscribers;

(d)      the 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 to 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.

(2)     Every cable operator and Multi-system operator shall devise a mechanism for grievance redressal of subscribers in respect of the services offered by them in such manner as may be specified by the Authority and inform the details thereof, to the subscribers through the cable service or the website or any other appropriate means and such information shall also include the address and telephone number where a subscriber can file a complaint and the time period within which grievances are to be addressed, the manner of communication of the redressal to a subscriber and the feedback thereon from the subscriber.

(3)     The Central Government or the Authority, as the case may be, may arrange public awareness activities in the notified areas either directly or through agencies authorized including consumer organizations.][34]

Rule - 13. Supply and installation of Set Top Boxes.

(1)     Every subscriber in the notified areas who is desirous of receiving one or more channels may approach any one of the multi-system operators who has been registered under Rule 11-C, either directly or through any of his linked local cable operators, for supply and installation of one or more set top boxes in his premises 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, which is technically compatible with the system of the multi-system operator and the multi-system operator or the cable operator shall not force any subscriber to buy or to take on rent the set top box from him alone.

(2)     Every multi-system operator shall procure, supply and install the required number of set top boxes in the premises of every subscriber who approaches such operator under sub-rule (1) in accordance with the quality standards as may be determined by the Authority by any regulation or order and transmit the requisite channels through the same or through the set top box of approved quality acquired by the subscriber on his own, as the case may be.

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

(4)     Upon a subscriber leaving the service area of the multi system operator, he shall be allowed to surrender his set top box and be given full refund of the security deposit, if any, made on the set top box and in the case—

(a)      where the set top box was purchased by the subscriber from that multi-system operator such operator shall buy-back the set top box after making deduction in accordance with the conditions specified to the subscribed at the time of purchase of the set top box;

(b)      In the case of the subscriber shifting his premise within the service area of such operator, he shall be given a transfer voucher for provisioning of a new set top box on the same terms and conditions at the new address:

Provided that a subscriber, who is not satisfied with the services provided by such operator or his linked cable operator, shall be free to opt out of the network of that operator and in the case where the subscriber wishes to opt out, the multi-system operator and his linked cable operator shall allow the subscriber to surrender the Set Top Box provided by it, after making deductions in accordance with the conditions specified to the subscribed at the time of installation of the set-top box.][35]

Rule - 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.

Rule - 15. [Complaint redressal structure.

(1)     To ensure observance and adherence to the Programme Code and the Advertising Code by the broadcaster and to address the grievance or complaint, if any, relating thereto, there shall be a three-level structure as under:

(i)       Level I - A self-regulation by broadcasters;

(ii)      Level II - Self-regulation by the self-regulating bodies of the broadcasters; and

(iii)     Level III - Oversight mechanism by the Central Government.][36]

Rule - 16. Filing and processing of grievance or complaint.

(1)     Any person aggrieved by the content of a programme of a channel as being not in conformity with the Programme Code or the Advertising Code may file his complaint in writing to the broadcaster:

Provided that where such complaint relates to Advertising Code laid down by the Advertising Standards Council of India, such complaint may be addressed to the said Council and that Council shall deal with such complaint in accordance with the procedure laid down by it:

Provided further that Advertising Standards Council of India shall take a decision on the complaint within sixty days of its receipt, and communicate the same to the broadcaster and the complainant.

(2)     The broadcaster shall, within twenty-four hours of complaint being filed, generate and issue an acknowledgement to the complainant for his information and record.

(3)     Every complaint shall be dealt with in the following manner, namely—

(a)      the broadcaster shall dispose of the complaint and inform the complainant of its decision within fifteen days of receipt of such complaint;

(b)      if the decision of the broadcaster is not communicated to the complainant within the stipulated period of fifteen days, or if the complainant is not satisfied with the decision of the broadcaster, he may prefer an appeal to the self-regulating body of which such broadcaster is a member, within fifteen days therefrom;

(c)      the self-regulating body shall dispose of the appeal within sixty days of receipt of appeal and convey its decision in the form of a guidance or advisory to the broadcaster, and inform the complainant of such decision within a period of fifteen days;

(d)      where the complainant is not satisfied with the decision of the self-regulating body, he may, within fifteen days of such decision, prefer an appeal to the Central Government for its consideration under the Oversight Mechanism referred to in Rule 19.

Rule - 17. Self-Regulation by broadcasters.

(1)     A broadcaster shall—

(i)       establish a grievance or complaint redressal mechanism and appoint an officer to deal with the complaints received by it;

(ii)      display the contact details related to its grievance redressal mechanism, the name and contact details of its Grievance officer at an appropriate place on its website or interface, as the case may be;

(iii)     ensure that such Officer takes a decision on every grievance or complaint received by it within fifteen days and communicate the same to the complainant within the stipulated time;

(iv)    be a member of a self-regulating body and abide by its terms and conditions.

(2)     The Officer referred to in sub-rule (1) shall—

(i)       be the contact point for receiving any grievance or complaint relating to Programme Code and Advertising Code;

(ii)      act as the nodal point for interaction with the complainant, the self-regulating body and the Central Government.

(3)     The broadcaster shall comply with every advisory, guidance, order or direction issued under this rule by the self-regulating body or by the Central Government, as the case may be.

Rule - 18. Self-regulation by the self-regulating body of broadcasters.

(1)     There may be one or more self-regulatory body of broadcasters, being an independent body constituted by the broadcasters or its association:

Provided that every such self-regulating body shall be constituted by a minimum of forty broadcasters.

(2)     Every self-regulating body referred to in sub-rule (1) shall be headed by a retired Judge of the Supreme Court or of a High Court or an independent eminent person from the field of media, broadcasting, entertainment, child rights, human rights or such other relevant fields, and shall have other members, preferably not exceeding six, being independent experts in the field of media, broadcasting, entertainment, child rights, human rights and such other relevant fields.

(3)     The self-regulating body shall, after its constitution in accordance with sub-rule (2), register itself with the Central Government within a period of thirty days from the date of publication of these rules, or within thirty days from the date of its constitution, whichever is earlier:

Provided that before granting registration to the self-regulating body, the Central Government shall satisfy itself that the self-regulating body has been constituted in accordance with sub-rule (2) and has agreed to perform the functions specified in sub-rules (4) and (5).

(4)     The self-regulating body shall perform the following functions, namely—

(i)       oversee and ensure the alignment and adherence by the broadcaster to the Programme Code and the Advertising Code;

(ii)      provide guidance to the broadcaster on various aspects of the Programme Code and the Advertising Code;

(iii)     dispose of grievances which have not been disposed of by the broadcaster within the specified period of fifteen days;

(iv)    hear appeals filed by the complainant against the decision of the broadcaster;

(v)      issue such guidance or advisories to a broadcaster, including those specified in sub-rule (5), for ensuring compliance to the Programme Code and the Advertising Code.

(5)     A self-regulating body while disposing complaint or an appeal referred to in sub-rule (4) may issue the following guidance or advisories to the broadcaster, namely—

(i)       advisory, warning, censure, admonish or reprimand; or

(ii)      an apology to be telecast by the broadcaster; or

(iii)     include a warning card or a disclaimer; or

(iv)    in case of any content where it is satisfied that there is a need for taking action to delete or modify content, refer it to the Central Government for the consideration of the oversight mechanism referred to in Rule 19 for appropriate action.

(6)     Where the self-regulating body is of the opinion that there is no violation of the Programme Code or the Advertising Code, it shall convey such decision to the complainant and the broadcaster.

(7)     Where the broadcaster fails to comply with the guidance or advisory of the self-regulating body within the time specified in such guidance or advisory, the self-regulating body shall refer the matter to the Oversight Mechanism referred to in Rule 19 within fifteen days of expiry of the stipulated period.

Rule - 19. Oversight Mechanism.

(1)     The Central Government shall coordinate and facilitate the adherence to the Programme Code and the Advertising Code by the broadcaster, develop an Oversight Mechanism, and perform the following functions, namely—

(i)       publish a charter for self-regulating bodies, including Codes of Practices for such bodies;

(ii)      establish an Inter-Departmental Committee for hearing grievances or complaints;

(iii)     refer to the Inter-Departmental Committee grievances or complaints arising out of the decision of the self-regulating body under Rule 17, or if no decision has been taken by the self-regulating body within the stipulated time, or on receipt of such other complaints or references relating to violation of Programme Code or Advertising Code as it may consider necessary;

(iv)    issue apropriate guidance and advisories to broadcasters;

(v)      issue appropriate orders and directions to broadcasters for maintenance and adherence to the Programme Code and the Advertising Code;

(vi)    take action for non-compliance of its orders or directions and that of the self-regulating body.

Rule - 20. Inter-Departmental Committee.

(1)     The Central Government shall constitute an Inter-Departmental Committee, chaired by the Additional Secretary in the Ministry of Information and Broadcasting, and consisting of representatives from the Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, and representatives of such other Ministries and Organisations, including experts, as the Central Government may decide.

(2)     The Inter-Departmental Committee shall devise its own procedure for hearing grievances or complaints.

(3)     The Committee shall meet periodically and hear complaints regarding violation or contravention of the Programme Code and the Advertising Code that may—

(i)       arise out of appeal against the decisions taken at the Level I or Level II, as the case may be, or where no such decision is taken within the specified time;

(ii)      be referred to it by the Central Government.

(4)     The Inter-Departmental Committee shall examine complaints or grievances received by it and make any of the following recommendations to the Central Government, namely—

(i)       advising, warning, censuring, admonishing or reprimanding such broadcaster; or

(ii)      requiring an apology of such broadcaster; or

(iii)     requiring such broadcaster to include a warning card or a disclaimer; or

(iv)    requiring such broadcaster to delete or modify content or take the channel or a programme off-air for a specified time period where it is satisfied that such action is warranted, for reasons to be recorded in writing.

(5)     The Central Government may, after taking into consideration the recommendations of the Committee, issue appropriate orders and directions under sub-section (3) of Section 20 of the Act for compliance by the broadcaster.

Rule - 21. Disclosure of Information.

(1)     A self-regulating body and a broadcaster shall make true and full disclosure of all grievances or complaints received by it, the manner in which the complaints are disposed of, the action taken on such complaints, the reply sent to the complainant, the orders or directions received by it and action taken on such orders or directions.

(2)     The information referred to in sub-section (1) shall be placed in public domain, and updated quarterly.

(3)     Subject to any law for the time being in force, the broadcaster shall preserve record of the content telecast by it for a minimum period of ninety days and make it available to the self-regulating body or the Central Government, or any other Central Government agency as may be requisitioned by it.

[37][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 other than multi-system operator

To,

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 (individua1/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)

Citizenship (for individual applicants/body of individuals)

(b)

Details of Incorporation in case of Company.

4.

(a)

Amount of fee paid for registration/renewa1/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.

Address of Premise from where service will be provided

7a.

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

7b.

Names of Doordarshan and Parliament satellite channels included in cable service

7c.

Number of Channels being provided/proposed to be set up

8.

(a)

Whether using Television Receive Only (TVRO) Yes/No

(b)

If yes, number and size of TVRO.....................................

(c)

Location..................................

9.

Copy of earlier registration certificate enclosed Yes/No

(To be filled in only for renewal of registration)

10.

(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..................................

11.

Documents to be attached:

(A)

In case of an individual

(i)

ID proof

(ii)

Proof of residence

(iii)

PAN number

(iv)

Copy of current Income Tax Return, if any

(v)

Copy of Income Tax, Service Tax and Entertainment Tax in case of renewal of registration.

(B)

In case of association or body of individuals

(i)

Document by which the association or body of individuals has come into existence, including address and details of office bearers

(ii)

PAN number

(iii)

Copies of current Tax returns for Income Tax, Service Tax, and Entertainment Tax, if any

(iv)

Copy of Income Tax, Service Tax and Entertainment Tax in case of renewal of registration

(C)

In case of companies

(i)

A copy of the certificate of incorporation of the company alongwith copies of Memorandum of Association and Articles of Association, details of Board of Directors, Chief Executives & shareholding pattern.

(ii)

PAN number

(iii)

Copies of current Tax returns for Income Tax, Service Tax & Entertainment Tax, if any.

(If these numbers are not available at the time of application, the same can be allowed to be submitted within two months. Applicant shall be required to file an affidavit to this effect along with the application for grant of registration).

(iv)

Copy of Income Tax, Service Tax and Entertainment Tax in case of renewal of registration

[Note.—In case of any change in the above, same shall be intimated to the Registering authority within a month such changes taking place.]

12.

Declaration in Form 2 on a stamp paper of Rs 10 enclosed. Yes/No

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

I/We ..........................the applicant(s) *(individua1/firm/company/association of persons/body of individuals) do hereby declare that the above facts are correct in all respects.

Signature of Applicant

*(Individua1/firm/company/association of persons/body of individuals)

Place:

Name..............................................................

Date:

Address..........................................................

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

[38][Form 2

[See Rule 3(3) and Rule 11-A(2)]

I/We ..........................the applicant(s) (individua1/firm/company/association of persons/body of individuals) for registration as a cable operator/Multi-System operator/renewal of registration as a cable operator/Multi-System operator do hereby declare that—

(i)

I/We shall ensure that my/our cable television network shall be run in accordance with the provisions of the Cable Television Networks (Regulation) Act, 1995, and the rules made thereunder, regulations, orders, guidelines or the directions issued by the Central Government or the Authority from time to time.

(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) Act, 1995 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 approva1/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.

(vii)

I/We shall transmit or re-transmit channels in the area notified under Section 4-A of the Act in an encrypted form through a digital addressable system and in the event of failure to do so, our existing registration is liable to be cancelled.

*

I/We shall not carry programming service provided on the channel generated at my/our level, which is in violation of the Programme & Advertising Codes prescribed in Rules 6 and 7.

*

I/We have not been convicted for a criminal offence.

*

I/We am/are not of unsound mind as declared by a competent court;

*

I/We am/are not an undischared insolvent.

*

I/We have submitted all the documents as prescribed in Form 1 (in case of cable operators) and Form 6 (in case of Multi-System Operator).

Signature of Applicant

(Individua1/firm/company/association of persons/body of individuals)

Place:

Name

Date:

Address

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

[39][Form 3

[See Rule 5(1)]

Government of India

Head Post Office

Registration Certificate Number

1.

Shri/Shrimati/M/s .....................................resident of ................................./ the company named, ................. 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 ..................

The Registration Number is.............................

2.

This Certificate is only valid for the premises stated above.

3.

This Certificate is subject to the condition that the applicant shall not carry any programme in a programming service provided on the channel generated at the level of such cable operator, which is in violation of the Programme and Advertising Code laid down in Rules 6 and 7 respectively of the Cable Television Networks Rules, 1994.

4.

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.]

[40][Form 3-A

[See Rule 5(2)]

Government of India

Head Post Office

Duplicate Registration Certificate

1.

Shri/Shrimati/M/s.................................resident of ................................./ the company named,............. is registered as a cable operator *(individua1/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).

The Registration Number is.............................

2.

This Certificate is valid only for the premises stated above.

3.

This Certificate is subject to the condition that the applicant shall not carry any programme in a programming service provided on the channel generated at the level of such cable operator, which is in violation of the Programme and Advertising Code laid down in Rules 6 and 7 respectively of the Cable Television Networks Rules, 1994.

4.

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

..........(Town/city)

Place: Date:

To be displayed prominently on the premises of the cable operator

*

Tick whichever is appropriate]

[41][Form 4

[See Rule 5(3)]

To,

.............................

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 for the following reasons:

a.

b.

c.

(ii)

Registration fee has not been tendered.

(iii)

Applicant is not a citizen of India

(iv)

Any other reason

Head Post Master Head Post Office

Place: .........................

Date: ..........................]

Form 5

(See Rule 8)

Form of register to be maintained by each cable operator

Sl. No.

Encrypted Channe1/Programme

Duration From

to

Date

Month

Year

1

2

3

4

5

6

7

Signature of Cable Operator.

[42][Form 6

[See Rule 11-A]

(To be submitted in duplicate)

To

The Secretary

Ministry of Information & Broadcasting,

‘A’ Wing, Shastri Bhawan,

New Delhi − 110001.

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

Sir,

I hereby submit the following details for grant of registration

1.(a)

Name of the Applicant (individua1/firm/company/association of persons/body of individuals)**

(b)

Age/Date of establishment/Date of Incorporation

(c)

Address of the premise from where the service will be offered

2.(a)

Citizenship (for individual applicants/body of individuals)

(b)

Details of incorporation in case of Company

3.(a)

Bank Draft of Rs 1,00,000 in favour of Pay & Accounts Officer, Ministry of Information & Broadcasting.

(b)

PAN Number

(c)

Copy of current Income Tax, Service Tax and Entertainment Tax returns. If not available, the reasons therefor.

(d)

Service Tax Registration Number of individua1/firm/company/association of persons/body of individuals. (If the number is not available at the time of application, the same can be allowed to be submitted within two months. Applicant shall be required to file an affidavit to this effect along with the application for grant of license)

(e)

Entertainment Tax Registration Number

4.

Details of existing Registration as a Cable Operator

• Name of the Post Office with which registered

• Registration No./Validity up to

• Copy of the Registration Certificate (enclose)

5.

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

• Corporate Office/Head Office

• Registered Office

• Regional Offices

• 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.

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 for operation of cable service as MSO (sufficient proof to be enclosed)

12.

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

(ii) DAS 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 (own/broadcaster's) (give names separately for own channels and broadcasters' channels)

14.

Whether the capacity to carry minimum number of channels specified by the Authority is available- Yes/No

15.

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

16.

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)

17.

Details of past experience/field of activity

18.

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).

19.

Number of Agreements signed with broadcasters to supply their channels under Digital Addressable System (DAS) scheme (Give names of broadcasters and their channels for which agreements signed alongwith copies of agreements to substantiate your claim)

20.

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

21.

Undertaking on a stamp paper of Rs 10 as per Form 2.

...................................................I/We the applicant(s) **(individua1/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 DAS scheme in the notified areas

Signature of Applicant/Authorized person **(individua1/firm/company/association of persons/body of individuals)

Place

Name..................................]

 



[1] Vide G.S.R. 729(E), dated September 29, 1994, published in the Gazette of India, Extra., Part II, S. 3(i), dated 29-9-1994, pp. 5-8.

[2] Now Cable Television Networks (Regulation) Act, 1995 (7 of 1995).

[3] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[4] Ins. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[5] Subs. by G.S.R. 459(E), dt. 8-10-1996 (w.e.f. 8-10-1996).

[6] Omitted by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012). Prior to omission it read as:

“4. Examination of Applications.—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.”

[7] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[8] Ins. by S.O. 1521(E), dated 6-7-2012 (w.e.f. 6-7-2012).

[9] Ins. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[10] Ins. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[11] Ins. by G.S.R. 216(E), dt. 21-3-2015 (w.e.f. 23-3-2015).

[12] Ins. by G.S.R. 804(E), dt. 19-8-2016 (w.e.f. 19-8-2016).

[13] Ins. by G.S.R. 459(E), dt. 2-8-2006 (w.e.f. 3-8-2006).

[14] Subs. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[15] Subs. by G.S.R. 26(E), dt. 18-1-2001 (w.e.f. 18-1-2001).

[16] Ins. by G.S.R. 282(E), dt. 11-5-2006 (w.e.f. 11-5-2006).

[17] Subs. by G.S.R. 411(E), dt. 12-6-2009 (w.e.f. 12-6-2009).

[18] Ins. by G.S.R. 416(E), dated 17-6-2021 (w.e.f. 17-6-2021).

[19] Omitted by G.S.R. 719(E), dt. 13-9-2000.

[20] Ins. by G.S.R. 597(E), dt. 20-8-1999 (w.e.f. 20-8-1999).

[21] Ins. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[22] Subs. by G.S.R. 104(E), dt. 25-2-2008 (w.e.f. 25-2-2008).

[23] Ins. by G.S.R. 138(E), dt. 27-2-2009 (w.e.f. 27-2-2009).

[24] Ins. by G.S.R. 804(E), dt. 19-8-2016 (w.e.f. 19-8-2016).

[25] Ins. by G.S.R. 710(E), dt. 8-9-2000 (w.e.f. 8-9-2000).

[26] Subs. by G.S.R. 459(E), dt. 2-8-2006 (w.e.f. 3-8-2006).

[27] Ins. by G.S.R. 452(E), dt. 31-7-2006 (w.e.f. 31-7-2006).

[28] Ins. by G.S.R. 416(E), dated 17-6-2021 (w.e.f. 17-6-2021).

[29] Subs. for Rules 9 to 14 by G.S.R. 452(E), dt. 31-7-2006 (w.e.f. 31-7-2006).

[30] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[31] Ins. by S.O. 1521(E), dated 6-7-2012 (w.e.f. 6-7-2012).

[32] Ins. by S.O. 1521(E), dated 6-7-2012 (w.e.f. 6-7-2012).

[33] Subs. for Rule 11 by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[34] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[35] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[36] Ins. by G.S.R. 416(E), dated 17-6-2021 (w.e.f. 17-6-2021).

[37] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[38] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[39] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[40] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[41] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).

[42] Subs. by S.O. 940(E), dated 28-4-2012 (w.e.f. 28-4-2012).