Section 3 in The Telecommunication (Broadcasting And Cable Services) Interconnection Regulations, 2004
3. General provisions relating to non-discrimination in interconnect agreements .-3.1 No broadcaster of TV channels shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contracts with any distributor of TV channels that prevents any other distributor of TV channels from obtaining such TV channels for distribution.
3.2Every broadcaster shall provide on request signals of its TV channels on non-discriminatory terms to all distributors of TV channels, which may include, but be not limited to a cable operator, direct to home operator, multi-system operator, head ends in sky operator; Multi-system operators shall also on request re-transmit signals received from a broadcaster, on a non-discriminatory basis to cable operators:Provided that this provision shall not apply in the case of a distributor of TV channels having defaulted in payment:Provided further that any imposition of terms which are unreasonable shall be deemed to constitute a denial of request:[Provided also that the provisions of this sub-regulation shall not apply in the case of a distributor of TV channels, who seeks signals of a particular TV channel from a broadcaster, while at the same time demanding carriage fee for carrying that channel on its distribution platform.][ Explanation ] [Inserted by Noti. No. 6-4/2006-B&CS, dated 4.9.2006. ][1] [ Explanation renumbered Explanation 1 by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).][.-The applicant distributors of TV channels intending to get signal feed from any multi-system operator other than the presently-affiliated multi system operator, or from any agent/any other intermediary of the broadcaster/multi system operator, or directly from broadcasters shall produce along with their request for services, a copy of the latest monthly invoice showing the dues, if any, from the presently-affiliated multi system operator, or from any agent/any other intermediary of the broadcaster/multi system operator who collects the payment for providing TV channel signals.] [Inserted by Noti. No. 6-4/2006-B&CS, dated 4.9.2006. ][ Explanation 2.-The stipulation of "placement frequency" or "package/tier" by the broadcaster from whom the signals have been sought by a distributor of TV channels, as a "pre-condition" for making available signals of the requested channel(s) shall also amount to imposition of unreasonable terms.] [ Inserted by TRAI, F.No. 3-21/2009-B&CS., dated 17.3.2009 (w.e.f. 17.3.2009).]
