TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART III, SECTION 4
TELECOM REGULATORY AUTHORITY OF INDIA
NOTIFICATION
New Delhi, the 3rd March 2017
F. No. 21-1/2016-B&CS.—- In exercise of the powers conferred by sub-section (2) of section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), read with notification of the Central Government, in the Ministry of Communication and Information Technology (Department of Telecommunications), No. 39 , —–
(a) issued, in exercise of the powers conferred upon the Central Government by proviso to clause (k) of sub-section (1) of section 2 and clause (d) of sub-section (1) of section 11
of the said Act, and
(b) published under notification No. S.O. 44 (E) and 45 (E) dated 9th January, 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, extent and commencement.— (1) This Order may be called the
Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017.
(2) This Order shall be applicable to broadcasting services relating to television provided to subscribers, through addressable systems, throughout the territory of India.
(3) (a) Except as otherwise provided in sub-clause (b), this Order shall come into force after one hundred eighty days from the date of publication of this Order in the Official Gazette.
(b) Clauses 3, 6 and 8 of this Order shall come into force after thirty days from the date of
publication of this Order in the Official Gazette. -
Definitions. — (1) In this Order, unless the context otherwise requires, –
(a) “Act” means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b) “addressable system” means an electronic device (which includes hardware and its
associated software) or more than one electronic device put in an integrated system through which transmission of programmes including re-transmission of signals of television channels can be done in encrypted form, which can be decoded by the device or devices at the premises of the subscriber within the limits of the authorization made, on the choice and request of such subscriber, by the distributor of television channels;
(c) “a-la-carte” or “a-la-carte channel” with reference to offering of a television channel
means offering the channel individually on a standalone basis;
(d) “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);
(e) “bouquet” or “bouquet of channels” means an assortment of distinct channels offered
together as a group or as a bundle and all its grammatical variations and cognate expressions shall be construed accordingly;
(f) “broadcaster” means a person or a group of persons, or body corporate, or any
organization or body who, after having obtained, in its name, downlinking permission for its channels, from the Central Government, is providing programming services;
(g) “broadcaster’s share of maximum retail price” with reference to a pay channel or a
bouquet of pay channels means any fee payable by a distributor of television channels to broadcaster for signals of pay channel or bouquet of pay channels, as the case may be, and for which due authorization has been obtained by such distributor from that broadcaster;
(h) “broadcasting services” means the dissemination of any form of communication like
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;
(i) “cable service” or “cable TV service” means the transmission of programmes including
re-transmission of signals of television channels through cables;
(j) “cable television network” or “cable TV 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;
(k) “compliance officer” means any person designated so, who is capable of appreciating
requirements for regulatory compliance under this Order, by a service provider;
(l) “direct to home operator” or “DTH operator” means any person who has been granted
licence by the Central Government to provide direct to home (DTH) service;
(m) “direct to home service” or “DTH service” means re-transmission of signals of television channels, by using a satellite system, directly to subscriber’s premises without passing through an intermediary such as local cable operator or any other distributor of television channels;
(n) “distribution platform” means distribution network of a DTH operator, multi-system
operator, HITS operator or IPTV operator;
(o) “distributor of television channels” or “distributor” means any DTH operator, multisystem operator, HITS operator or IPTV operator;
(p) “distributor retail price” or “DRP” for the purpose of this Order, means the price,
excluding taxes, declared by a distributor of television channels and payable by a subscriber for a-la-carte pay channel or bouquet of pay channels, as the case may be;
(q) “free-to-air channel” or “free-to-air television channel” means a channel which is
declared as such by the broadcaster and for which no fee is to be paid by a distributor of
television channels to the broadcaster for signals of such channel;
(r) “head end in the sky operator” or “HITS operator” means any person permitted by the
Central Government to provide head end in the sky (HITS)service;
(s) “head end in the sky service” or “HITS service” means transmission of programmes
including re-transmission of signals of television channels—
(i) to intermediaries like local cable operators or multi-system operators by using
a satellite system and not directly to subscribers; and
(ii) to the subscribers by using satellite system and its own cable networks;
(t) “internet protocol television operator” or “IPTV operator” means a person permitted by the Central Government to provide IPTV service;
(u) “internet protocol television service” or “IPTV service” means delivery of multi channel television programmes in addressable mode by using Internet Protocol over a closed network of one or more service providers;
(v) “local cable operator” or “LCO” means a person registered under rule 5 of the Cable
Television Networks Rules, 1994;
[w] “maximum retail price” or “MRP” for the purpose of this Order, means the maximum
price, excluding taxes, payable by a subscriber, for a-la-carte pay channel or bouquet of pay channels, as the case may be;
(x) “multi-system operator” or “MSO” means a cable operator who has been granted
registration under rule 11 of the Cable Television Networks Rules, 1994 and who receives a programming service from a broadcaster 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;
(y) “network capacity fee” means the amount, excluding taxes, payable by a subscriber to
the distributor of television channels for distribution network capacity subscribed by that subscriber to receive the signals of subscribed television channels and it does not include subscription fee for pay channel or bouquet of pay channels, as the case may be;
(z) “Order” means the Telecommunication (Broadcasting and Cable) Services (Eighth)
(Addressable Systems) Tariff Order, 2017;
(za) “pay channel” means a channel which is declared as such by the broadcaster and for
which broadcaster’s share of maximum retail price is to be paid to the broadcaster by the distributor of television channels and for which due authorization needs to be obtained from the broadcaster for distribution of such channel to subscribers;
(zb) “programme” means any television broadcast and includes –
(i) exhibition of films, features, dramas, advertisements and serials;
(ii) any audio or visual or audio-visual live performance or presentation,
and the expression “programming service” shall be construed accordingly;
(zc) “reference interconnection offer” or “RIO” means a document published by a service
provider specifying terms and conditions on which the other service provider may seek
interconnection with such service provider;
(zd) “Regulations” means the Telecommunication (Broadcasting and Cable) Services
Interconnection (Addressable Systems) Regulations, 2017 and the Telecommunication
(Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017;
(ze) “service provider” means the Government as a service provider and includes a licensee as well as any broadcaster, distributor of television channels or local cable operator;
(zf) “set top box” means a device, which is connected to or is part of a television receiver and which enables a subscriber to view subscribed channels;
(zg) “subscriber” for the purpose of this Order, means a person who receives broadcasting services relating to television from a distributor of television channels, at a place indicated by such person without further transmitting it to any other person and who does not cause the signals of television channels to be heard or seen by any person for a specific sum of money to be paid by such person, and each set top box located at such place, for receiving the subscribed
broadcasting services relating to television, shall constitute one subscriber;
(zh) “television channel” means a channel, which has been granted downlinking permission by the Central Government under the policy guidelines issued or amended by it from time to time and reference to the term “channel” shall be construed as a reference to “television channel”.
(2) all other words and expressions used in this Order but not defined, and defined in the Act and rules and regulations made thereunder or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) and the rules and regulations made thereunder, shall have the meanings respectively assigned to them in those Acts or the rules or regulations, as the case may be.
Read the full rule: Tariff_Order_English_3 March_2017
