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Securities And Exchange Board Of India - Section

Section 2 in The Telecommunication (Broadcasting And Cable Services) Interconnection Regulations, 2004

2. Definitions .-In these regulations, unless the context otherwise requires,-

(a)[ "addressable system" means an electronic device or more than one electronic device put in an integrated system through which signals of television channels can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within limits of the authorisation made, on the choice and request of such subscriber, by the service provider to the subscriber;]
(aa)[ "Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);] [ Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007).]
(b)"agent or intermediary" means any person including an individual, group of persons, public or body corporate, firm or any organisation or body authorised by a broadcaster/multi-system operator to make available TV channel(s), to a distributor of TV channels;
(c)"authority" means the Telecom Regulatory Authority of India established under sub-section (1) or section 3 of the Telecom Regulatory Authority of India Act;
(d)"authorised officer" has the same meaning as given in the sub-section (a) of section 2 of the Cable Television Networks (Regulation) Act, 1995, as amended;
(e)"broadcaster" means any person including an individual, group of persons, public or body corporate, firm or any organisation or body who/which is providing broadcasting service and includes his/her authorised distribution agencies;
(f)"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 constructed accordingly;
(g)"cable operator" means any person who provided cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network;
(h)"cable service" means the transmission by cable of programmes including re-transmission by cables of any broadcast television signals;
(i)"cable television 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;
(ia)[ "carriage fee" means any fee paid by a broadcaster to a distributor of TV channels, for carriage of the channels or bouquets of channels of that broadcaster on the distribution platform owned or operated by such distributor of TV channels, without specifying the placement of various channels of the broadcaster vis-a-vis channels of other broadcasters;] [ Inserted by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).]
[[(ib)] [Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007). ]["commercial subscriber" means any subscriber who receives a programming service at a place indicated by him to a service provider and uses signals of such service for the benefit of his clients, customers, members or any other class or group of persons having access to such place;] [Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007). ]]
(j)"distributor of TV channels" means any person including an individual, group of persons, public or body corporate, firm or any organisation or body re-transmitting TV channels through electromagnetic waves through space intended to be received by general public directly or indirectly. The person may include, but is not limited to a cable operator, direct to home operator, multi-system operator, head ends in the sky operator;
(k)"direct to home operator" means an operator licensed by the Central Government to distribute multi-channel TV programmes [* * *] [ Omitted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007).] by using a satellite system directly to subscriber's premises without passing through intermediary such as cable operator or any other distributor of TV channels;
(ka)[ "direct to home service" means distribution of multi channel TV programmes by using a satellite system by providing TV signals directly to subscriber's premises without passing through an intermediary such as cable operator or any other distributor of TV channels; [ Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007).]
(kb)"direct to home subscriber" means a subscriber who receives the signals of a direct to home service;]
(l)"head ends in the sky operator" means any person permitted by the Central Government to distribute multi-channel TV programmes in C band by using a satellite system to the intermediaries like cable operators and not directly to subscribers;
(la)[ "Internet Protocol Television Service" means delivery of multi channel TV programmes in addressable mode by using Internet Protocol over a closed network of one or more service providers;] [ Inserted by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).]
(i)exhibition of films, features, dramas, advertisements and serials through video cassette recorders or video cassette players;
(ii)any audio or visual or audio-visual live performance or presentation, and the expression "programming service" shall be construed accordingly;]
(ma)[ "ordinary subscriber" means any subscriber who receives a programming service form a service from a service provider and uses the same for his domestic purposes; [Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007). ]
(mb)"pay channel" means a channel for which fees it to be paid to the broadcaster by the person receiving the signals from the broadcaster, for its re-transmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or indirectly;]
(mc)[ "placement fee" means any fee paid by a broadcaster to a distributor of TV channels, for placement of the channels of such broadcaster vis-a-vis channels of other broadcasters on the distribution platform owned or operated by such distributor of TV channels;] [ Inserted by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).]
(md)[] [ Renumbered by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).]["programme" means any television broadcast and includes- [Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007). ]
(n)"service provider" means the Government as a service provider and includes a licensee as well as any broadcaster, multi-system operator, cable or distributor of TV channels;
(na)[ "subscriber" means a person who receives the signals of a service provider at a place indicated to the service provider by him without further transmitting it to any other person and includes ordinary subscribers and commercial subscribers unless specifically excluded;] [ Inserted by TRAI, F.No. 4-54/2007-B&CS., dated 3.9.2007 (w.e.f. 1.12.2007).]
(o)[ "RIO" means the Reference Interconnect Offer published by a Party, prescribing conditions by fulfilling which other Parties would be entitled to obtain interconnection from that party; [ Inserted by Noti. No. 6-4/2006-B&CS, dated 4.10.2006.]
(p)"subscriber base" means the number of subscribers--
(i)as agreed to by two service providers in a non-addressable system on the basis of which payments are made by one service provider to the other, or
(ii)as reflected by the Subscriber Management System, where addressable systems are employed;
(q)"subscriber line report" or "SLR" means a monthly statement wherein, in a non-addressable system, a multi system operator and a cable operator agree upon the subscriber base for that month;
(r)"subscriber management system" or "SMS" means a system or device which, in an addressable system, stores the subscriber records and details with respect to name, address, etc., as well as information regarding the hardware being utilized by the subscriber, channels/bouquets of channels, subscribed to by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation/deactivation dates and time for any channel or bouquet of channels, a log of all actions performed on a subscriber's record, invoices raised on each subscriber and the amounts paid by the subscriber for each billing period.]