Section 4 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
4. Declaration of network capacity fee and manner of offering of channels by distributors of television channels.
- [(1) Every distributor of television channels shall declare network capacity fee, per month, payable by a subscriber for availing a distribution network capacity so as to receive the signals of television channels:Provided that the network capacity fee, per month, for network capacity upto initial two hundred SD channels, shall, in no case, exceed rupees one hundred and thirty, excluding taxes:Provided further that the network capacity fee, per month, for network capacity for receiving more than two hundred SD channels, shall, in no case, exceed rupees one hundred and sixty, excluding taxes:Provided also that a distributor of television channels shall be free to declare different network capacity fee for different regions within its service area, and shall report to the Authority, the details of such network capacity fee for each regions:Provided also that the network capacity fee, per month, for each additional TV connection, beyond the first TV connection in a multi TV home shall, in no case, exceed forty percent of the declared network capacity fee:Provided also that one HD channel shall be treated equal to two SD channels for the purpose of calculating number of channels within the distribution network capacity subscribed.] [Substituted by Regulation No. 1 of 2020, dated 1.1.2020.](2)Every distributor of television channels shall offer all channels available on its network to all subscribers on a-lacarte basis and declare distributor retail price, per month, of each pay channel payable by a subscriber:Provided that the distributor retail price, per month, payable by a subscriber to a distributor of television channels for subscribing to a pay channel shall, in no case, exceed the maximum retail price, per month, declared by the broadcasters for such pay channel.(2A)[ Every distributor of television channels shall allow distinct choice of channels and bouquets of channels to each TV connection or set top box in a multi TV home.] [Inserted by Regulation No. 1 of 2020, dated 1.1.2020.](3)Every distributor of television channels shall offer to all subscribers each bouquet of pay channels offered by a broadcaster, and for which interconnection agreement has been signed with that broadcaster, without any alteration in its composition and declare the distributor retail price, per month, for such bouquet payable by a subscriber:Provided that the distributor retail price, per month, payable by a subscriber to a distributor of television channels for subscribing to a bouquet of pay channels offered by the broadcaster shall in no case exceed the maximum retail price, per month, declared by the broadcasters for such bouquet of pay channels:Provided further that such bouquet shall not contain any pay channel for which maximum retail price per month declared by the broadcaster is more than [rupees twelve] [Substituted 'rupees nineteen' by Regulation No. 1 of 2020, dated 1.1.2020.] :Provided further that such bouquet shall not contain any free-to-air channel:Provided also that such bouquet shall not contain both HD and SD variants of the same channel.(4)It shall be permissible for a distributor of television channels to offer bouquet(s) formed from pay channels of one or more broadcasters and declare distributor retail price(s) , per month, of such bouquet(s) payable by a subscriber:Provided that such bouquet shall not contain any pay channel for which maximum retail price per month declared by the broadcaster is more than [rupees twelve] [Substituted 'rupees nineteen' by Regulation No. 1 of 2020, dated 1.1.2020.]:Provided further that the distributor retail price per month of such bouquet of pay channels shall not be less than eighty five percent of the sum of distributor retail prices per month of a-la-carte pay channels and bouquet(s) of pay channels forming part of that bouquet:Provided further that the distributor retail price per month of a bouquet of pay channels offered by a distributor of television channels shall, in no case, exceed the sum of maximum retail prices per month of a-la-carte pay channels and bouquet(s) of pay channels, declared by broadcasters, forming part of that bouquet:Provided further that such bouquet shall not contain any free-to-air channel:Provided also that such bouquet shall not contain both HD and SD variants of the same channel.Explanation. - For the removal of doubt it is hereby clarified that a distributor of television channels while forming bouquet under this clause shall not break a bouquet of pay channels offered by a broadcaster to form two or more bouquet(s) at distribution level.(5)It shall be permissible for a distributor of television channels to offer bouquet(s) formed from free-to-air channels of one or more broadcasters.(6)No distributor of television channels shall charge any amount, other than the network capacity fee, from its subscribers for subscribing to free-to-air channels or bouquet(s) of free-to-air channels.(7)Within the distribution network capacity subscribed, [***] [Omitted 'in addition to channels notified by Central Government to be mandatorily provided to all the subscribers' by Regulation No. 1 of 2020, dated 1.1.2020.], a subscriber shall be free to choose any free-to-air channel(s), pay channel(s), or bouquet(s) of channels offered by the broadcaster(s) or bouquet(s) of channels offered by distributors of television channels or a combination thereof:Provided that if a subscriber opts for pay channels or bouquet of pay channels, he shall be liable to pay an amount equal to sum of distributor retail price(s) for such channel(s) and bouquets in addition to network capacity fee.(8)Subject to sub-clause (1) of clause 4, a distributor of television channels shall not increase the network capacity fee for a period of six months from the date of such notification:Provided that a distributor of television channels, before making any change in the network capacity fee, shall at least thirty days prior to the scheduled change ---(a)inform the Authority; and(b)inform the subscribers by running scroll on the channel.(9)[ All distributors of television channels shall provide all the channels notified by Central Government to be mandatorily provided to all the subscribers and all such channels shall be in addition to the number of channels which a subscriber is eligible to get for the network capacity fee paid by him.(10)It shall be permissible for a distributor of television channels to offer long term subscriptions and declare respective network capacity fee, distributor retail price and duration of all such subscriptions:(11)It shall be permissible for a distributor of television channels to offer promotional schemes on distributor retail price per month of a-la-carte pay channels available on its platform:Provided that period of any such scheme shall not exceed ninety days at a time:Provided further that the frequency of any such scheme by the distributor shall not exceed twice in a calendar year:Provided further that the price of a-la-carte pay channel offered under any such promotional scheme shall be considered as distributor retail price(s) during the period of such promotional scheme:Provided also that the provisions of Regulations and Tariff Orders notified by the Authority shall be applicable on the price of a-la-carte pay channels offered under any such promotional scheme:] [Inserted by Regulation No. 1 of 2020, dated 1.1.2020.]
