No. 1114/2009B&CS. In exercise of the powers conferred by subclauses (ii), (iii), (iv) and (v) of clause (b) of subsection (1) and subsection (2) of section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), read with notification of the Government of India, in the Ministry of Communication and Information Technology (Department of Telecommunications), No.39 ,

Issued, in exercise of the powers conferred upon the Central Government by proviso to clause (k) of subsection (1) of section 2 and clause (d) of subsection (1) of section 11 of the said Act, and

Published under notification No. S.O. 44 (E) and 45 (E) dated 9January, 2004 in the Gazette of India, Extraordinary, Part II, Section 3, the Telecom Regulatory Authority of India hereby makes the following Order, namely:

PART I PRELIMINARY

Short title and commencement. (1) This Order ay be called the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order, 2010.

• Except as otherwise provided in subclause (b), this Order shall come into force on the 1st day of September, 2010.
• Clause 9 of this Order shall come into force from the date of publication of this Order in the Official Gazette.

Applicability. This Order shall be applicable to broadcasting services and

cable services provided to subscribers, through addressable systems, throughout the territory of India, except cable services provided through cable television networks in the States, cities, towns or areas notified by the Central Government under subsection (1) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995).

Definitions. In this Order, unless the context otherwise requires,

1. “Act” means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
2. “addressable system” means an electronic device or more than one electronic devices put in an integrated system through which television signals can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within the limits of authorisation made, on the choice and request of such subscriber, by the service provider to the subscriber, and includes direct to home service, head end in the sky broadcasting service, Internet Protocol television service and digital addressable cable service ;
3. “alacarte” with reference to offering of a TV channel means offering the channel individually on a standalone basis;
4. “alacarte rate” means the rate at which a standalone individual channel is offered to the distributor of TV channels or to the subscriber, as the case may be;
5. “Authority” means the Telecom Regulatory Authority of India established under subsection (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997(24 of 1997);
6. “broadcaster” means any person including an individual, group of persons, public or private body corporate, firm or any organisation or body who or which is providing programming services and includes his or her authorised distribution agencies;
7. “broadcasting services” means the dissemination of any form of communication such as signs, signals, writing, pictures, images and sounds of all kinds by transmission of electromagnetic waves through space or through cables intended to be received by the general public either directly or indirectly and all its grammatical variations and cognate expressions shall be construed accordingly;
8. “bouquet” or “bouquet of channels” means an assortment of distinct channels, offered together as a group or as a bundle;
   • “Bouquet rate” or “rate of bouquet” means the rate at which a bouquet of channels is offered to the distributor of TV channels or to the subscriber, as the case may be;
   • “CAS area” means the States, cities, towns or areas, where, in terms of notifications issued by the Central Government from time to time under subsection (1) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), it is obligatory for every cable operator to transmit or retransmit programmes of any pay channel through an addressable system;

Explanation: The expression “cable operator” in this subclause shall include a multi system operator.

“Cable service” means the transmission by cables of programmes including retransmission by cables of any broadcast television signals;

“Cable television network” means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers;

“Cable operator” means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network;

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Source: India Infoline Ltd.