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Securities And Exchange Board Of India - Section

Section 18 in The Telecommunication (Broadcasting And Cable Services) Interconnection Regulations, 2004

18. An important issue in the cable industry is the disconnection of signals to settle a dispute. Usually this means that without notice the signals by a broadcaster or multi-system operator are cut off leaving consumers in the lurch. This implies that the consumer who has not defaulted nevertheless has to bear the brunt of the dispute between the operators. It is, therefore, necessary to find some solution that will protect the consumers without compromising the ability of the broadcaster/multi-system operator to settle their dispute. It has, therefore, been decided to impose a restriction on the broadcaster/multi-system operator that they cannot cut off the signals without giving at least one month's notice. This would give some time for the affected parties to obtain relief. This notice should also be given through the newspapers so that consumers also have an opportunity to approach the necessary forum to ensure that their interests do not suffer on account of a dispute to which they have not contributed in any way. Broadcasters have suggested that this requirement of notice period should be exempted when disconnection occurs for piracy and copy right violation and violation of the non-financial terms and conditions of the interconnect agreement. In the case of unauthorised re-transmission of TV channels, it may be necessary for Broadcaster or Multi-System Operator to disconnect signals of TV channels without giving one month notice. In such cases the Authority has decided that after giving a notice for two working days, the signals may be disconnected.

Consultation on draft Regulations