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5.7. Under the interconnected regulations, a broadcaster must provide its signal to every distributor on reasonable terms. These regulations are founded on the principles of "must provide" and "non exclusion". Accordingly, the broadcaster is duty bound to publish a Reference Interconnected Offer (RIO) setting forth the technological and commercial terms. The object of this regulation is to avoid discrimination and absolute control by a broadcaster as against a distributor.
5.8. The broadcaster uplinks the signal of its channel either by using its own Teleport or by leasing it. To be noted, the signals of the pay channels are in encrypted form. Now, we have different categories of channels, such as, Free to Air Channels, Pay Channels, Standard and High Definition Channels. A broadcaster, after obtaining permission, gives its own equipment to the distributor for downloading the signals. A distributor does the work of unencrypting the encrypted signals of the broadcaster and thereafter, re-encrypts it for transmission to the end user. These signals are said to have been communicated to the end users/subscribers when they reach the set top box. This set top box will be fixed at the place of the subscriber. Therefore, the process involves a chain of events before a signal reaches the subscriber.

18. IMPUGNED REGULATIONS:

18.1. Chapter 1 deals with the definition clause. This chapter speaks of al-a-carte channel. On the similar lines, it speaks about the bouquet of channels. For the first time, the word broadcaster has been defined along with a Local Cable Operator and Multi System Operator. Incidentally, it defines a programme. A service provider, set top box, subscriber and a television channel have been defined. The following are the definition clauses.

(ii) set top box or STB means a device, which is connected to or is part of a television receiver and which enables a subscriber to view subscribed channels;

(mm) subscriber for the purpose of these regulations, means a person who receives broadcasting services, from a distributor of television channels, at a place indicated by such person without further transmitting it to any other person and who does not cause the signals of television channels to be heard or seen by any person for a specific sum of money to be paid by such person, and each set top box located at such place, for receiving the subscribed broadcasting services, shall constitute one subscriber;

(pp) television channel means a channel, which has been granted permission for downlinking by the Central Government under the policy guidelines issued or amended by it from time to time and reference to the term channel shall be construed as a reference to television channel.

18.2. As discussed above, the definition clauses, which come under chapter-1 are to be read in consonance with the main Act unless the contrary is proved. Accordingly, broadcaster has been defined as the one, who obtains permission for its channel and provides programme service. The word interconnection has been defined as the one in between the service providers and the subscribers. Therefore, the relationship between the service providers and the subscribers has been rightly taken note of. To make the position clear, a licensee is once again reiterated as the service provider, which is inclusive of broadcaster, distributor and local cable operator. Therefore, all the three set of actors have been brought under the purview of the service provider. A set top box, which otherwise called STB, has been defined as a device which enables the end user viz., the subscriber to view the subscribed channels. Therefore, it is clear that without the set top box, which is to be provided by a service provider, no subscriber can either actually or likely to view. This definition also makes it clear that what is sufficient is the availability of a channel to be seen. Subscriber has been defined as the one, who receives the broadcasting services without further transmission. A television channel has been defined as the one, which has been granted permission for downlinking. Thus, to attract the definition clause, a permission is mandatory.