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This workshop aims to address the challenges faced by cable operators in Jharkhand Ranchi due to the digitisation of cable TV. Topics covered include limited carrying capacity, poor quality of picture and sound, lack of transparency in subscriber numbers, and under-declaration/concealment of subscription revenue and taxes. The workshop will also discuss the implementation of digital addressable cable systems and the provisions of the Cable Television Networks (Regulation) Act, 1995.
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Cable TV Digitisation Workshop withNodal officers & MSOs ofJharkhandRanchi, 27th April 2017Ministry of Information & Broadcasting
Source: FICCI- KPMG Report 2016 Nature of delivery platform(Total 175 Million TV homes)
Limited carrying capacity - 70 to 80 channels Quality of picture & sound - Poor Transparency in subscriber numbers - lacking Subscription revenue and taxes – under declaration/ concealment Challenges to cable operators - severe competition from DTH Deficiencies in Analogue Cable
TRAI Recommendations (5.8.2010) - Implementation of Digital Addressable Cable Systems (DAS) Cabinet approval on digital transition- 13.10.2011 Cable Television Networks (Regulation) Act 1995 amended in 2011 - Provides enabling framework for the digital switch-over Notification for phased implementation of DAS issued – 11.11.2011 Regulations on Reference Interconnect agreements, standards of quality of service and tariff order by TRAI issued – 30.04.2012 Digital Switchover – A Snap Shot
Impact Available data indicates very good positive impact of digitisationfor all stakeholders
Government • Greater Transparency Enhanced inflow of Entertainment Tax due to accurate reporting of subscribers • Enhanced Economic Activity & Growth Laying/replacement of cables, installation of digital head-ends, manufacturing/repair of STBs etc • Employment Potential Content Generation for increased TV channels • Broadband Connectivity Digital cable operators can also be potential high speed Broadband Service Providers on cable network
Increase in ET collection (Rs in Lakh) No ET in Haryana, HP, J&K, Kerala, Punjab, TN, Chandigarh & DN Haveli * Partial data Data awaited from other States
Major provisionsinThe Cable Television Networks (Regulation)Act, 1995
Cable television network not to be operated except after registration Section 3 A person must get himself registered as cable operator for operating a cable television network
Transmission of programmes through digital addressable systems (DAS)Section 4A Central Govt, by notification in Official Gazette, may make obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through a DAS with effect from such date as may be specified in the notification
Programme CodeSection 5 No person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with prescribed programme code
Advertisement CodeSection 6 No person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in conformity with prescribed advertisement code
Compulsory transmission of certain channelsSection 8 Central Govt may, by notification in Official Gazette, specify names of Doordarshan channels or channels operated by or on behalf of Parliament, to be mandatorily carriedby cable operators and the manner of reception and re-transmission of such channels
Compulsory transmission of channels – DAS areasNotifications dated 6th Sept 2013 & 25th May 2015
Compulsory transmission of channels – DAS areasNotifications dated 6th Sept 2013 & 25th May 2015
Use of standard equipment in cable television networkSection 9 Every cable operator shall be under statutory obligation to use any equipment conforming to BIS
Inspection of cable network & servicesSection 10A (1) Central Govt or its authorised officers shall have right to inspectcable network and services (2) No prior permission or intimationshall be required to carry out such inspection (3) Inspection shall ordinarily be carried out after giving reasonable noticeexcept in circumstances where giving such notice shall defeat purpose of inspection
Inspection of cable network & servicesSection 10A contd… (4) On being so directed, cable operator shall provide necessary equipment, services and facilities at designated place(s) for lawful interception or continuous monitoring at its own cost by or under supervision of Central Govt or its officers
Authorised Officer Means, within local limits of jurisdiction: • District Magistrate, or • Sub-divisional Magistrate, or • Commissioner of Police
Power to seize equipment Section 11 Authorised officer has power to seize equipment being used by cable operator if following provisions are being contravened: • Sec 3 (Registration) • Sec 4A (DAS) • Sec 5 (Programme code) • Sec 6 (Advertisement code) • Sec 8 (compulsory channels) • Sec 9 (standard of equipment)or • Sec 10 (inspection)
ConfiscationSection 12 Equipment seized due to contravention of Sec 4 is liable for confiscation
Seizure or Confiscation not to interfere with other punishmentSection 13 Seizure or confiscation shall not prevent infliction of any punishment
Punishment Section 16 Whoever contravenes any provisions of Cable Act is punishable: • 1st offence– imprisonment, extendable to 2 years, or with fine up to Rs 1000 or both; • Subsequent offence– imprisonment, extendable to 5 years, and with fine up to Rs 5000 Contravention of sec 4A is cognizable offence
Transmission of only registered channelsRule 6(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
Action against MSOs who carry unapproved satellite channels • Ministry has issued an advisory to all District Magistrates to take action against those who carry unapproved satellite channels in their cable network Nodal officers may liaise with Authorised Officers to take action against defaulters
Information to be publicised by cable operatorsSection 4A (5) It is obligatory for every cable operator to publicise the prescribed information including but not limited to subscription rates, standards of quality of service and mechanism for redressal of subscribers grievances in such manner and as periodic intervals as may be specified by the Central Govt or the Authority for the benefit of the subscriber
Standards of Quality of Service by TRAI • Every MSO or his linked LCO, is required to: • Establish a complaint centre, in service area • Establish toll free consumer care number & widely publish it • Establish web based complaint monitoring system • Appoint nodal officers in every state of service • Publish consumers’ charter providing details of services being provided
Action against defaulting Cable operators Nodal officers may liaise with Authorised Officers to take action against defaulters who do not provide service as per the ‘Standards of Quality of Service’ notified by TRAI
For queries, please contactJayashree Mukherjee, Addl SecretaryTel: 011-2338 7558Email: asmib.inb@nic.in Manoj Kumar Pingua, Joint SecretaryTel: 011-2338 2597Email: jsb.mib@nic.inYogendra Pal, AdvisorTel: 011-2338 9202Email: das.mib@gmail.com