Section 10 in Cable Television Networks Rules, 1994
10. [ Nature and prices of channels. [Substituted by Notification No. G.S.R. 452(E) dated 31.7.2006 (w.e.f. 29.9.1994).]
(1)Every broadcaster shall declare the nature of each of its channels as "pay" or "free-to-air" channel as well as the maximum retail price of each of its "pay" channels to be charged by the multi-system operators or local cable operators from the subscribers in each of the notified areas.(2)Every broadcaster shall file his declaration of the nature and prices of channels under sub-rule (1) before the authority and the Central Government within fifteen days of the date of notification by the Central Government under section 4-A of the Act.(3)If in the opinion of the Authority, the price declared by the broadcaster in respect of any of its pay channels is too high, the Authority may, under section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), fix and declare the maximum retail price of such a pay channel or fix a general maximum retail price for all pay channels within which the broadcasters may declare their individual prices for each pay channel, to be paid by the subscribers in any of the notified areas, and such an order of the Authority shall be binding on the broadcasters and the multi-system operators and local cable operators.(4)Every broadcaster shall enter into interconnection agreements with multi-system operators in the notified areas as per the standard interconnection agreement, or with any mutually agreed modifications on a non-discriminatory basis, as per the regulations or directions or orders of the Authority.(5)If a broadcaster fails to declare the price of any of its pay channels within the prescribed time limit under sub-rule (2) or refuses or fails to comply with the direction under sub-rule (3) or refuses or fails to enter into an interconnect agreement with a multi-system operator permitted by the Central Government under sub-rule (3) of rule 11 within the time limit as prescribed by the Authority, then the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.(6)In the event of non-compliance by the broadcaster of the directions issued by the Authority under sub-rule (5), the Central Government may, on the recommendations of the Authority, suspend the permission granted to the broadcaster under uplinking to downlinking guidelines as the case may be, to broadcast the channel in the country or any part thereof.(7)Every declaration filed by the broadcaster under sub-rule (1) or maximum retail price fixed by the Authority under sub-rule (3) shall normally remain valid for a period of one year from the date of such declaration or fixation, as the case may be, subject to the condition that every broadcaster will be free to revise the price of any channel or convert a pay channel to free-to-air channel or a free-to-air channel to a pay channel by giving one month 's notice to the multi-system operator and subscribers:Provided that no increase in price beyond the individual limit, if any, specified by the Authority, shall be valid without prior approval of the Authority:Provided further that no such price increase shall be valid beyond the general maximum retail price for all channels fixed by the Authority. ] [Inserted by Notification No. G.S.R. 138 (E) dated 27.2.2009 (w.e.f. 29.9.1994)]
