CONDITIONAL ACCESS SYSTEM (CAS) NOTIFICATIONS

I S.O.39(E) In exercise of the powers conferred by sub-section (1) of section 4A, read with section 9 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), the Central Government, having been satisfied that it is necessary so to do, hereby notifies the 15 day of January 2003 as the date within six months from which it shall be obligatory for every Cable Operator to transmit/retransmit programmes of every pay channel through an addressable system in the areas specified below, namely: 1. Chennai Metropolitan area; 2. Municipal Council of Greater Mumbai area; 3. Kolkata Metropolitan area; 4. National Capital Territory of Delhi.
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II S.O. 503(E)2In exercise of the powers conferred by sub-sections (2) and (3) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) (hereinafter referred to as the Act), and in pursuance of the notification of the Government of India in the Ministry of Information and Broadcasting Number S.O. 39(E) dated 14 January 2003, the Central Government hereby specifies the minimum number of free-to-air channels to be included in the package of channels forming the basic service tier as thirty, in the areas specified below, namely: 1. Chennai Metropolitan area; 2. Municipal Council of Greater Mumbai area; 3. Kolkata Metropolitan area; 4. National Capital Territory of Delhi. 2. The package of channels forming the basic service tier must include the compulsory transmission of three Doordarshan channels notified under section 8 of the said Act and the genres of entertainment, news, sports, childrens programmes and music must be in English, Hindi and the regional language, depending on the availability of such channels in the areas afore-mentioned. 3. Further, in exercise of the powers conferred by sub-section (4) of section 4A of the said Act, the Central Government, having been satisfied that it is necessary so to do, in public interest, hereby specifies the maximum amount which a cable operator in the afore-mentioned areas may demand from a subscriber for receiving the programmes transmitted in the basic service tier provided by such cable operator to be Rs. 72 (Rupees seventy-two) only. Free-to-air channels, over
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[St.-159]

Notification, dated 14 January 2003. Notification, dated 7 May 2003.

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and above the basic service tier, would also be made available to the subscribers within the maximum amount mentioned above. III 3 G.S.R. 459 (E) In exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of section 22 of the Cable Television Networks (Regulation) Act, 1995 (No. 7 of 1995), the Central Government hereby makes the following rules to amend the Cable Television Networks (Regulation) Rules, 1994. namely: 1. Short title and commencement. (1) These rules may be called the Cable Television Networks (Amendment) Rules, 2003. (2) They shall come into force on the date of their publication in the Official Gazette. 2. After rule 8 of the Cable Television Networks (Regulation) Rules, 1994, the following rules shall be inserted, namely: 9. Manner of publicising the subscription rates of pay channels .(1) Every cable operator shall publicise, either through advertisements in the print and electronic media or through other means ( e.g. printing on the reverse of the receipts, etc.) to the subscribers, the subscription rates and the periodic intervals at which such subscriptions are payable for receiving of the various pay channels provided by such Cable Operator. (2) Every Cable Operator shall, while so publicising, be required to indicate precisely the following information: (a) rates of subscriptions for each individual pay channel provided by the Cable Operator and discounts, if any, offered on subscribing to a minimum number of channels or more: Provided that discounts so offered for subscribing to the minimum number of channels or more shall not be such as to dilute/nullify the choice of subscribing to individual channels. Provided further that the subscriber shall not be forced to buy more than the channel(s), of his choice through the mechanism of discounted pricing and by grouping of channels in such a way as to render the choice of individual pay channels offered, an illusory one. 10. Submission of Report to the Central Government.(1) Every Cable Operator shall be required to submit a report to the Central Government in the Ministry of Information and Broadcasting in Form 6. (2) Such report shall be submitted periodically in the first week of each quarter: Provided that the Central Government may, in exceptional cases, or in public interest, require any Cable Operator to furnish such report within shorter periods.
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Notification, dated 6 June 2003.

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11. Declaration of channels as free-to-air and pay .In order to inform the public as required under rules 9 and 10, the cable operator shall declare which channel(s) will remain pay and which free-to-air and also the rates of the pay channels and discounts, if any, by 15 June 2003. 12. Responsibility of Cable Operators in certain event .In the event of cable operators not being in a position by the 14 July 2003 to declare whether a channel is pay channel or free-to-air channel and the price of any pay channel due to the information not being provided by the broadcaster, the cable operator shall not transmit such channel through its network after the 14 July 2003. 13. Provisions for set top boxes .The Cable Operator shall make provisions for rent and security deposit, or refund thereof as well as warranty, repair and maintenance in the manner notified by the Government. Explanatory Note The principal rules were notified in the Gazette of India (Extraordinary) in Part II-Section 3-sub-section (ii) vide G.S.R. 729(E) dated 29 September 1994. These were amended, first in the year 1996 and subsequently, in the years 2000 and 2002, through Notifications published in the Gazette of India vide G.S.R.(1) 459(E) dated 8 October 1996; (ii) 710(E), dated 8 September 2000, and (iii) through the Cable Television Networks (Regulation) (Amendment) Act, 2002 (No. 2 of 2003) notified in the Gazette of India in Part II - Section 1 on 1 January 2003. IV S.O.39(E) .In exercise of the powers conferred by sub-section (1) of section 4A, read with section 9 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), the Central Government having been satisfied that it is necessary in public interest so to do, and in supersession of the Notification S.O. 39(E), dated 14 January 2003, hereby notifies the 1st day of March 2003 as the date within six months from which it shall be obligatory for every Cable Operator to transmit/retransmit programmes of every pay channel through an addressable system in the areas specified below, namely: (i) In the Municipal Council of Greater Mumbai, the area to the West of the main line of Central Railway between Chatrapathi Shivaji Terminus (CST) Station and Sion Railway Station, including the area from navy Nagar (in the south) upto the CST Railway Station (in the north), including Ballard Estate, bound by the Sion-Bandra Link Road and the Mahim Causeway on the northern side and includes the areas Colaba, RC Church, World Trade Centre, Maker Towers, Nariman Point, Cuffe Parade, Fort, Flora Fountain, Bombay Stock Market, Prince of Wales Museum, CIDCO, Marine Drive, Gateway of India, Horniman Circle, Reserve Bank of India, Churchgate, Ballard Estate, Town Hall, Shahid
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Notification, dated 10 July 2003.

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Bhagat Singh Road, Madam Cama Road, Veer Nariman Road, Mahatma Gandhi Road, Dr. Dadabhai Navroji Marg, Marine Lines, Charni Road, Kalbadevi, Thakurdwar, Girgaum, Walkeshwar Road, Napean Sea Road, Cumbala Hill, Malabar Hill, Grant Road, Khetwadi, Breach Candy, Peddar Road, Hajiali, Mahalaxmi, Worli, Tardeo, Altomout Road, Dr. Dadasheb Bhadkamkar Marg, Sardar Vallabbhai Patel Road, Saat Rasta, Lala Lajpatrai Marg, Mahalakshmi Race Course, Dr. Annie Besant Marg, N.M. Joshi Marg, Gokhale Road, Dr. Moses Road, Prabhadevi, Dadar (West), Shivaji Park, Cadell Road, Lady Jamshedji Road, Sitladevi Road, Mahim, Gen Arun Kumar Vaidya Marg,. (ii) In the National Capital Territory of Delhi, the area covering Chanakyapuri, Motibagh, Vasant Vihar, Safdarjung, Vasant Kunj, Chattarpur, Madangir, Kalkaji, Sarita Vihar, Maharani Bagh; bounded in the East by Yamuna River (from Delhi-Haryana border near Badarpur to Bhairon Marg; bounded in the West by Willingdon Crescent, Sardar Patel Marg, NH 8 (from Dhaula Kuan to Gurgaon Border); bounded in the South by Delhi-Haryana border (from Gurgaon to Badarpur and Yamuna River); bounded in the North by Bhairon Marg, Rajpath (from National Stadium to Vijay Chowk), Parliament House, Talkatora Road upto Ram Manohar Lohia Hospital. (iii) In the Kolkata Metropolitan Area, the areas whose northern boundary is the eastern bank of the river Hooghly upto the confluence with Tollys Nalla on the right; eastern boundary is the line along the western bank of Tollys Nalla starting from its confluence with river Hooghly in the north, running south down along the Tollys Nalla/Kaorapukur Khal to the Mouzas of Magurkhali; southern boundary is along the line following the southern boundaries of Mouzas of Magurkhali; southern boundary is along the line following the southern boundaries of Mouzas Magurkhali, Ramjibanpur, Sajnabaria, Gopalnagar, Kalua, Hanspukuria area within Police Station Behala proceeding towards the southern boundaries of Mouzas Kalagachchia, Sankharipota, Naoabad, Khanberia, Chandigar, Shibhugli and Rameshwarpur within Police Station Maheshtola. Thereafter, the same line following the southern boundaries of Mouzas Betuabi Rajarampur, Santoshpur, Uttar Raipur, Benjan Haria Charial, Eastern and southern Mouzas of Nischintapur and southern boundaries of Mouzas of Uttar Ramchandrapur, Raghunathpur, Rajarampur, Achhipur within Police Station Budge Budge. And then proceeding further westward in a straight line and meeting the western boundary line of District 24 Parganas in the river Hooghly; and western boundary is the line along the east bank of river Hooghly

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starting from the confluence of Tollys Nalla running south south-west where it meets the line of District 24 Parganas in the river Hooghly. (iv) Chennai Metropolitan area.

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V S.O. (E) In exercise of the powers conferred by sub-section (1) of section 4A, read with section 9 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), the Central Government having been satisfied that it is necessary in public interest so to do, hereby makes the following amendments, in the notification of the Government of India in the Ministry of Information and Broadcasting published in the Gazette of India, Extraordinary, in Part II-Section 3 sub-section (ii), Number S.O. 792(E) dated 10 July 2003, namely:
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In the said Notification, item (ii) and entries thereto shall be deleted. VI S.O(E)6In exercise of the powers conferred by sub-section (1) of section 4A, read with section 9 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), the Central Government, having been satisfied that it is necessary in the public interest so to do, hereby makes the following amendments, namely: 1. In the Notification of the Government of India in the Ministry of Information and Broadcasting published in the Gazette of India, Extraordinary in Part-II Section 3 sub-section (ii) as S.O. 39(E), dated the 14 January 2003, for Serial Number 2 and the entry thereto, the following shall be substituted, namely: 2. Municipal Corporation of Greater Mumbai area; 2. In the Notification of the Government of India in the Ministry of Information and Broadcasting published in the Gazette of India, Extraordinary in Part II-Section 3-sub-section (ii) as S.O. 503(E) dated the 7 May 2003, for Serial Number 2 and the entry thereto, the following shall be substituted, namely: 2. Municipal Corporation of Greater Mumbai area; 3. In the Notification of the Government of India in the Ministry of Information and Broadcasting published in the Gazette of India Extraordinary in Part II-Section 3-sub-section (ii) vide S.O. 503(E) dated 7 May 2003, for the words and figures, S.O. 39(E) dated 14 January 2003, appearing at line 5 thereof, the following shall be substituted, namely: S.O. 792(E) dated 10 July 2003, 4. In the Notification of the Government of India in the Ministry of Information and Broadcasting published in the Gazette of India Extraordinary in Part II-Section 3-sub-section (ii) vide S.O. 792(E) dated the 10 July 2003, in line 1 under item (i), for the words, In the Municipal Council of Greater Mumbai, appearing in line 1 under item (i) thereof, the following shall be substituted, namely: In the Municipal Corporation of Greater Mumbai,
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Notification, dated 29 August 2003. Notification, dated 5 September 2003.

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VII G.S.R. (E) In exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of section 22 of the Cable Television Networks (Regulation) Act, 1995, the Central Government hereby makes the following rules to amend the Cable Television Networks (Regulation) Rules, 1994, namely: 1. Short title and Commencement. (1) These rules may be called the Cable Television Networks (Second Amendment) Rules, 2003. (2) They shall come into force on the date of their publication in the Official Gazette. For the existing rule 12 of the Cable Television Networks (Regulation) Rules, 1994, the following shall be substituted: 12. Responsibility of Cable Operators in certain cases .In the event of the Cable Operators not being in a position by 31 August 2003 to declare whether a channel is pay channel or free-to-air channel and the price of any pay channel due to the information not being provided by the broadcaster, the Cable Operator shall not transmit such channel through its network after the 31 August 2003. 2. After rule 13 of the Cable Television Networks (Regulation) Rules, 1994, the following rule shall be inserted, namely: 14. Manner of making provisions for rent, security deposit, etc., for set top boxes.(1) The Cable Operator will intimate to each cable subscriber in writing and at least fifteen days before the introduction of Conditional Access System, in the specified area of service, the following details of set top boxes : (a) Type of set top box whether analogue or digital, its main physical functions and its conformity with the Bureau of Indian Standards. (b) Details of payment schemes, including validity period of the offers on sale, hire purchase, or rent of set top box and amount of refundable security deposit payable by the cable subscriber. (c) Maximum time for refund of security deposit to any cable subscriber who returns the set top box. (d) Details of maintenance facility available with the cable operators. (e) Maximum time to repair/replace the set top box. (f) Period of warranty of the set top boxes. (2) The Cable Operator shall also furnish the information required in sub-rule (1) above to the Ministry of Information and Broadcasting, duly authenticated by its authorised signatory.
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Notification, dated 8 September 2003.

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VIII S.O. 271(E) WHEREAS section 4A of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) (hereinafter referred to as the Act) envisages transmission of programmes of a pay channel through an addressable system (hereinafter referred to as Conditional Access System (CAS)); AND WHEREAS the Government of India in the Ministry of Information and Broadcasting, by Notification Number S.O. 39(E) dated the 14 January 2003, made it obligatory for the Cable Operators to transmit programmes of every pay channel, through CAS in the Chennai Metropolitan area, Municipal Council of Greater Mumbai area, Kolkata Metropolitan area and the National Capital Territory of Delhi within six months from the 15 January 2003; AND WHEREAS by Notification Number S.O. 792(E) dated the 10 July 2003, the implementation of CAS was deferred to the 1 September 2003; AND WHEREAS by Notification Number S.O. 1000(E) dated the 29 August 2003, the implementation of CAS was withdrawn in the National Capital Territory of Delhi; AND WHEREAS a number of parties approached the Honble High Court of Delhi, against the withdrawal of CAS in the National Capital Territory of Delhi; AND WHEREAS the Honble Delhi High Court in its order dated the 4 December 2003 quashed the notification of the Government of India in the Ministry of Information and Broadcasting Number S. O. 1000 (E), dated the 29 August 2003; AND WHEREAS the Cable Operators in Delhi decided to implement CAS from the 15 December 2003; AND WHEREAS the Honble High Court of Delhi in the civil writ petition Numbers 8993 and 8994 of 2003 in its order dated the 26 December 2003, declined to restrain the Government from implementing CAS in the National Capital Territory of Delhi and decided to review the situation after three months; AND WHEREAS the Honble High Court of Delhi observed in its aforesaid order, inter alia, that .we desire that in this period of three months, all the loopholes, difficulties faced by the consumers, effect of the implementation and problems, if any, arising out of the implementation can be assessed and remedial measures be taken in that regard. There has to be some regulatory body in terms of the synopsis of comments which have been filed by the respondent to see the implementation. We would like the respondent to enlighten this Court of the steps taken in this direction before the next date of hearing..;
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Notification, dated 27 February 2003.

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AND WHEREAS in compliance of order, dated the 26 December 2003 of the Honble Delhi High Court and also with a view to address the issues arising on account of implementation of CAS, the Central Government, brought broadcasting services and cable services within the ambit of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) on the 9 January 2004 and entrusted the additional functions to the Telecom Regulatory Authority of India (TRAI) by the notification of the Government of India in the Ministry of Communication and Information Technology Number S.O. 45(E), dated the 9 January 2004; AND WHEREAS the Central Government has requested the TRAI to specify standard norms for, and periodicity of, revision of rates of pay channels, including interim measures; AND WHEREAS the TRAI was also requested to make recommendations regarding the terms and conditions on which the CAS shall be provided to customers and the parameters for regulating maximum time for advertisements in pay channels as well as other channels; AND WHEREAS the State Governments of National Capital Territory of Delhi Maharashtra, Tamil Nadu and West Bengal have, from time to time, approached the Central Government for deferment or withdrawal of CAS citing various reasons relating to consumers interest, including the issue of pricing of pay channels and terms and conditions for procurement of set top boxes; AND WHEREAS in the course of implementation of CAS, a deep divide has been noticed among the stakeholders, that is to say the broadcasters, multiservice operators and local cable operators, impinging on the consumers interest; AND WHEREAS consequent upon entrusting the additional functions to the TRAI, it initiated a number of steps to assess the difficulties faced by the consumers, the effect of the implementation of CAS and the problems faced during the course of implementation. As part of the consultation process, the TRAI obtained comments on relevant matters in writing as well as through its meetings with various stakeholders, examined the views or comments received from the four State Governments of Delhi, West Bengal, Maharashtra and Tamil Nadu and also considered the regulatory practices in other countries. The TRAI is in the process of preparing a detailed Consultation Paper; AND WHEREAS as the process of consultation and examination of various issues connected with the implementation of CAS is likely to take some more time, the TRAI, as an interim measure, has recommended that the implementation of CAS in the four metros be either denotified or kept in abeyance for at least three months and necessary action be taken keeping in view of the directions of the Honble High Court of Delhi dated the 26 December 2003 in the civil writ petition Numbers 8993 and 8994 of 2003;

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Whereas it has been brought out by the TRAI in its interim recommendation that a large number of issues concerning particularly the general consumers need to be resolved for a meaningful implementation of CAS; AND WHEREAS it has also been observed that the provisions of section 4A of the Act have not been uniformly implemented on ground, thereby resulting in illegalities; AND WHEREAS the Honble High Court, in its order dated the 26 December 2003, has also stressed that the consumer grievances should be addressed by the providers of CAS; AND WHEREAS it is essential for the Government to address the issues which have arisen during the course of implementation of CAS, particularly, relating to the consumers interest, such an exercise would involve detailed consultations with the concerned State Government and the TRAI requires some more time to examine these issues and make its final recommendations; AND WHEREAS after careful consideration of all the relevant facts and circumstances, including the interim recommendations made by the TRAI, the Central Government is of the view that the implementation of CAS should be in a manner that is in the larger interest of the public and safeguards the interest of consumers, which unfortunately, in the present situation, is not possible unless the issues raised above are addressed; AND WHEREAS it has now become necessary in the public interest to suspend the relevant notifications concerning implementation of CAS and simultaneously take a review, after due consultation with the TRAI and other agencies with the objective of notifying fresh dates and areas; and, NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of section 4A, read with section 9 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), the Central Government, having been satisfied that it is necessary in public interest so to do, hereby suspends the operation of the notifications of the Government of India in the Ministry of Information and Broadcasting Number S.O. 39(E) dated the 14 January 2003 and S.O. 792(E) dated the 10 July 2003 read with the notification dated 14 January 2003 on and from the date of publication of this notification until such date as may be notified by the Central Government.

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