Section 3 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
3. Manner of offering of channels by broadcasters.
(1)Every broadcaster shall offer all its channels on a-la-carte basis to all distributors of television channels.(2)Every broadcaster shall declare-(a)the nature of each of its channel either as `free-to-air' or `pay'; and(b)the maximum retail price, per month, payable by a subscriber for each of its pay channel offered on a-la-carte basis:Provided that the maximum retail price of a pay channel shall be more than `zero':Provided further that the maximum retail price of a channel shall be uniform for all distribution platforms.(3)It shall be permissible for a broadcaster to offer its pay channels in the form of bouquet(s) and declare the maximum retail price(s), per month, of such bouquet(s) payable by a subscriber:Provided that, while making a bouquet of pay channels, it shall be permissible for a broadcaster to combine pay channels of its subsidiary company or holding company or subsidiary company of the holding company, which has obtained, in its name, the downlinking permission for its television channels, from the Central Government, after written authorization by them, and declare maximum retail price, per month, for such bouquet of pay channels payable by a subscriber:Provided that such bouquet shall not contain any pay channel for which maximum retail price per month is more than [rupees twelve] [Substituted 'rupees nineteen' by Regulation No. 1 of 2020, dated 1.1.2020.]:[Provided further that maximum retail price per month of such bouquet and maximum retail price per month of a-la-carte pay channels forming part of that bouquet shall be subject to following conditions, namely: -(a)the sum of maximum retail prices per month of the a-la-carte pay channels forming part of a bouquet shall in no case exceed one and half times of the maximum retail price per month of such bouquet; and(b)the maximum retail price per month of any a-la-carte pay channel, forming part of such a bouquet, shall in no case exceed three times the average maximum retail price per month of a pay channel of that bouquet:Explanation. - For the purpose of this order if the maximum retail price of a bouquet is Rs. 'X' per month per subscriber and there are 'Y' number of pay channels in that bouquet, then the average maximum retail price per month of a pay channel of the bouquet shall be Rs. 'X' divided by 'Y'.] [Substituted by Regulation No. 1 of 2020, dated 1.1.2020.]Provided further that the maximum retail price per month of such bouquet of pay channels shall be uniform for all distribution platforms:Provided further that such bouquet shall not contain any free-to-air channel:[Provided further that maximum retail price, per month, of a pay channel shall, in no case, exceed the maximum retail price, per month, of the bouquet containing that pay channel:Provided further that the number of bouquets of pay channels offered by a broadcaster shall not be more than the number of a-la-carte pay channels being offered by such broadcaster:Provided further that on the request of a broadcaster, the Authority may, in view of larger consumer interests, permit the broadcaster to offer number of bouquets more than the number of a-la carte channels being offered by such broadcaster.] [Inserted by Regulation No. 1 of 2020, dated 1.1.2020.]Provided also that such bouquet shall not contain both HD and SD variants of the same channel.Explanation. - For the purpose of this Order, the definition of "subsidiary company" and "holding company" shall be the same as assigned to them in the Companies Act, 2013 (18 of 2013).(4)It shall be permissible for a broadcaster to offer promotional schemes on maximum retail price(s) per month of its ala- carte pay channel(s):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 broadcaster shall not exceed twice in a calendar year:Provided further that the price(s) of a-la-carte pay channel(s) offered under any such promotional scheme shall be considered as maximum 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(s) of a-la-carte pay channel(s) offered under any such promotional scheme.(5)Every broadcaster, before making any change in the nature of a channel or in the maximum retail price of a pay channel or in the maximum retail price of a bouquet of pay channels or in the composition of a bouquet of pay channels, as the case may be, shall follow the provisions of all the applicable Regulations and Orders notified by the Authority, including but not limited to the publication of Reference Interconnection Offer.
