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Securities And Exchange Board Of India - Section

Section 5 in The Telecommunication (Broadcasting And Cable Services) Interconnection Regulations, 2004

5. [ Standard Interconnection Agreements

.-5.1 All broadcasters, multi system operators and cable operators shall mutually negotiate and finalise their interconnection agreements in respect of areas notified by the Central Government under section 4-A(1) of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) vide Notification No. S.O. 1231(E), dated 31-7-2006.
5.2In case any of the service providers in the areas as notified by the Central Government vide Notification No. S.O. 1231(E), dated 31-7-2006, are not able to arrive at a mutually acceptable interconnection agreement within a time-period to be specified by the Authority through a direction, then they shall enter into interconnection agreements in terms of the standard interconnection agreements as specified in Schedule I (between broadcaster and multi system operator) or in Schedule II (between multi system operator and cable operator) to this Regulation, as the case may be, within a time period to be specified by the Authority for entering into standard interconnection agreements.Explanation .-For removal of doubts, in respect of areas notified by the Central Government referred to in clauses 5.1 and 5.2 above, it is clarified that if the service providers have already entered into mutually acceptable interconnection agreements by such date as specified in the direction issued by the Authority, then they need not take recourse to standard interconnection agreements specified in Schedules I and II. Further, those service providers, who have a pre-existing interconnection agreement as on the date of issue of this regulation, will also have the option, after the expiry of their existing agreement, to either enter into a mutually acceptable interconnection agreement, or failing which to enter into interconnection agreements as per the standard agreements specified in Schedules I & II, within a period to be specified by the Authority in the direction.
5.3If the provisions of the standard interconnection agreements in Schedule I and II are in conflict with any Act, rule, regulation, direction or order of the Government, TDSA T or TRAI, as the case may be, then the provisions of such Act, rule, regulation, direction or order shall prevail.