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Union of India - Section

Section 2 in Standards Of Quality Of Service (Broadcasting And Cable Services) (Cable Television - Non-Cas Areas) Regulations, 2009

2. Definitions.-

In these regulations, unless the context otherwise requires,-
(a)"Act" means the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(b)"addressable system" means an electronic device or more than one electronic devices 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;
(c)"authorised officer" shall have the same meaning as given in clause (a) of section 2 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995);
(d)"Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);
(e)"broadcaster" means any person including an individual, group of persons, body corporate, firm or any organisation or body, who, or, which, is providing programming services and includes his authorised distribution agencies;
(f)"cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network ;
(g)"cable service" means the transmission by cables of programmes including retransmission by cables of any broadcast television signals;
(h)"cable subscriber" means a subscriber who receives the signals of a cable service;
(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;
(j)"CAS Area" means the States, cities, towns or areas, where, in terms of a notification issued under sub-section (1) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), it is obligatory for every multi system operator or cable operator to transmit or retransmit programmes of any pay channel through an addressable system and the expression "Non-CAS Area" shall be construed accordingly;
(k)"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;
(l)"digital decoder" means the device which is connected to, or part of a television set, which converts digital signals into analog signals and allows a subscriber to receive unencrypted and descrambled digital cable television signals for viewing on conventional analog television sets;
(m)"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 cable or through space intended to be received by general public directly or indirectly and such person may include, but is not limited to, a cable operator, direct to home operator, multi system operator, head ends in the sky operator and a service provider offering Internet Protocol television service;
(n)"free to air channel" or "FTA channel" means a channel for which no fees is to be paid to the broadcaster for its retransmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or indirectly;
(o)"Internet Protocol television service" means delivery of multi channel television programmes in addressable mode by using Internet Protocol over a closed network of one or more service providers;
(p)"multi system operator(MSO)" means a cable operator who receives a programming service from a broadcaster or his authorised agencies and retransmits the same or transmits his own programming service for simultaneous reception either by multiple subscribers directly or through one or more cable operators, and includes his authorised distribution agencies by whatever name called;
(q)"ordinary subscriber" means any subscriber who receives a programming service from a service provider and uses the same for his domestic purposes;
(r)"pay channel" means a channel for which fees is 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;
(s)"programme" means any television broadcast and includes-
(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;
(t)"regulations" means the Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television - Non-CAS Areas) Regulations, 2009;
(u)"service provider" means the Government as a service provider and includes a licensee as well as any broadcaster, multi system operator(MSO), cable operator or distributor of TV channels;
(v)"set top box" means a device, -
(a)which is connected to, or is part of a television; and
(b)which allows a subscriber to receive in unencrypted and descrambled form subscribed pay channels through an addressable system;
(w)"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;
(x)all other words and expressions used in these regulations but not defined, and defined in the Act or the Cable Television Networks (Regulation) Act,1995 and the rules, orders and other regulations made thereunder, shall have the meanings respectively assigned to them in those Acts or the rules, orders or other regulations, as the case may be.