Securities And Exchange Board Of India - Subsection
Section 3(3) in The Telecommunication (Broadcasting And Cable Services) Interconnection Regulations, 2004
3.2Every broadcaster shall provide on request signals of its TV channels on non-discriminatory terms to all distributors of TV channels, which may include, but be not limited to a cable operator, direct to home operator, multi-system operator, head ends in sky operator; Multi-system operators shall also on request re-transmit signals received from a broadcaster, on a non-discriminatory basis to cable operators:Provided that this provision shall not apply in the case of a distributor of TV channels having defaulted in payment:Provided further that any imposition of terms which are unreasonable shall be deemed to constitute a denial of request:[Provided also that the provisions of this sub-regulation shall not apply in the case of a distributor of TV channels, who seeks signals of a particular TV channel from a broadcaster, while at the same time demanding carriage fee for carrying that channel on its distribution platform.][ Explanation ] [Inserted by Noti. No. 6-4/2006-B&CS, dated 4.9.2006. ][1] [ Explanation renumbered Explanation 1 by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).][.-The applicant distributors of TV channels intending to get signal feed from any multi-system operator other than the presently-affiliated multi system operator, or from any agent/any other intermediary of the broadcaster/multi system operator, or directly from broadcasters shall produce along with their request for services, a copy of the latest monthly invoice showing the dues, if any, from the presently-affiliated multi system operator, or from any agent/any other intermediary of the broadcaster/multi system operator who collects the payment for providing TV channel signals.] [Inserted by Noti. No. 6-4/2006-B&CS, dated 4.9.2006. ][ Explanation 2.-The stipulation of "placement frequency" or "package/tier" by the broadcaster from whom the signals have been sought by a distributor of TV channels, as a "pre-condition" for making available signals of the requested channel(s) shall also amount to imposition of unreasonable terms.] [ Inserted by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).]
