Cable Television Networks (Regulation) Act, 1995: A Detailed Analysis

The Cable Television Networks (Regulation) Act, 1995 (hereinafter referred to as “the Act”) was enacted to regulate the unmonitored and haphazard growth of cable television networks in India. With the proliferation of satellite television and cable TV operators in the early 1990s, the Indian government faced a major challenge in regulating content, service quality, and technical compliance. The Act addressed these concerns and established a robust legal framework to govern the industry. This article examines the historical context, objectives, provisions, amendments, and significance of the Act.

Historical Background and Need for Cable Television Networks (Regulation) Act, 1995

The 1990s witnessed an unprecedented boom in cable television networks in India due to advancements in satellite communication technology. Television broadcasts, earlier limited to state-run Doordarshan, saw a surge in foreign and private channels. Cable operators began transmitting content without any regulation, often violating cultural, moral, and technical standards.

• Absence of Regulation: Before the Act, cable TV operators functioned without licenses, leading to uncontrolled broadcasting of programs.
• Legal Trigger: The Rajasthan High Court in Shiv Cable TV System v. State of Rajasthan (1993) highlighted the necessity for regulation, stating that cable television fell within the ambit of “wireless television apparatus” under the Indian Wireless Telegraph Act, 1933, requiring mandatory licensing.
• Objectives of the Act:
  • To regulate the unplanned growth of cable TV networks.
  • To ensure compliance with technical standards and service quality.
  • To control the content being broadcast and safeguard public interest.

The Act came into force on September 29, 1994, and was supported by the Cable Television Networks Rules, 1994, laying down procedural and operational guidelines.

Key Definitions Under the Act

1. Cable Operator(Section 2(aiii)):
   • Any person who provides cable services through a cable network, or manages the operation of such a network.
2. Subscriber(Section 2(i)):
   • A person who receives cable TV network signals for personal use in exchange for payment.
3. Cable Service(Section 2(c)):
   • The transmission of television programs via a cable network.
4. Authorised Officer(Section 2(a)):
   • Officers such as District Magistrates or Commissioners of Police, notified by the Central or State Government to enforce provisions of the Act.

Registration of Cable Operators

To operate legally, all cable operators must obtain registration under Section 4. The registration process ensures accountability and prevents unauthorised operators.

Procedure for Registration

1. Application:
   • The operator submits Form I along with a fee of ₹500 at the local Head Post Office under the account head “Unclassified Receipts (U.C.R).”
   • Documents required:
     • PAN Card and Aadhaar Card
     • Proof of business registration
     • Address proof and identity documents
     • Details of the area of service and hardware equipment
2. Examination:
   • The Telecom Regulatory Authority of India (TRAI) verifies documents and technical compliance.
3. Grant of Registration:
   • Upon satisfaction, the TRAI issues a registration certificate (Form 3).

Renewal of Registration

Renewal is required every 12 months under Rule 3(1) of the Rules. The process mirrors the initial registration, including the fee and documentation.

Duplicate Registration Certificate

If the certificate is lost, a duplicate can be issued for a fee of ₹250 under Rule 3(3)(b).

Refusal of Registration

The TRAI can refuse registration for failure to meet eligibility criteria. The refusal, along with reasons, must be communicated in writing. Appeals can be made to the Central Government.

Content Regulation under Cable Television Networks (Regulation) Act, 1995

The Act strictly regulates the transmission and retransmission of programs and advertisements through the Program Code and Advertisement Code under Sections 5 and 6.

Program Code (Section 5)

Rule 6 outlines types of programs prohibited for transmission. Programs must not:

• Offend public decency, morality, or religious sentiments.
• Promote communal disharmony.
• Contain obscene, defamatory, or false content.
• Criticise friendly countries or promote contempt of court.
• Denigrate women, children, or the integrity of the country.

Cable operators must:

• Obtain licenses for programs under the Copyright Act, 1957.
• Avoid broadcasting unregistered channels.

Advertisement Code (Section 6)

Rule 7 specifies prohibited advertisements, including those that:

• Deride race, caste, or nationality.
• Promote social evils like dowry or child marriage.
• Exploit women or offend religious sentiments.
• Advertise prohibited goods like tobacco, alcohol, or infant foods.
• Duration Cap: Advertisements must not exceed 12 minutes per hour (10 minutes for commercials, 2 minutes for self-promotion).

Digital Addressable System (DAS)

Section 4A introduces the Digital Addressable System to enhance transparency and quality.

• Encrypted Signals: Programs must be transmitted in encrypted form, accessible only via authorised set-top boxes.
• Basic Service Tier: Includes free-to-air channels at a single price.
• Mixture of Content: TRAI ensures programs include entertainment, education, and information.
• Tariff Regulation: TRAI fixes subscription rates for basic service tiers.

Compulsory Transmission of Certain Channels

Under Section 8, cable operators must retransmit specified Doordarshan or Parliament-operated channels without any deletion or alteration.

Right of Way for Cable Operators

Section 4B grants cable operators the right to lay cables or erect posts on public property, subject to permission from public authorities. Operators must:

• Restore or compensate for any property damage.
• Shift cables/posts if required for public purposes.

Enforcement and Inspection

1. Inspection Powers (Section 10A): Authorised officers or agencies can inspect networks to ensure compliance, usually after reasonable notice.
2. Seizure and Confiscation (Sections 11 & 12): Violations of Sections 3, 4A, 5, 6, 8, 9, or 10 may result in equipment seizure. Confiscation occurs if operators fail to register within 30 days of seizure, following due notice.

Offences and Penalties

The Act imposes strict penalties to ensure compliance:

• Section 16:
  • First offence: Imprisonment up to 2 years or fine up to ₹1000.
  • Subsequent offences: Imprisonment up to 5 years or fine up to ₹5000.
• Section 17:
  • Companies are held liable for offenses committed with consent or negligence of managers, directors, or officers.

Prohibition of Certain Programs and Networks

• Section 19: Programs promoting disharmony, enmity, or public disorder may be prohibited.
• Section 20: Central Government can ban networks/programs for reasons including:
  • Sovereignty, integrity, and security of India.
  • Friendly relations with foreign states.
  • Public morality or decency.

Landmark Cases

1. Shiv Cable TV System v. State of Rajasthan (1993): Highlighted the need for licensing and regulation of cable operators, triggering the Act.
2. Union of India v. BCCI (2017): Clarified that live signals shared with Prasar Bharati must be retransmitted only via its terrestrial and DTH networks, not through private cable operators.

Amendments to the Act

1. 2003 Amendment: Introduced the Conditional Access System (CAS) to control rising cable fees and ensure transparency. Mandated digital addressable systems.
2. 2021 Rules: Strengthened self-regulation through bodies like the News Broadcasters Standards Authority (NBSA) and Broadcasting Content Complaints Council (BCCC). Established an Inter-Ministerial Committee to handle public complaints.

Significance of the Cable Television Networks (Regulation) Act, 1995

The Cable Television Networks (Regulation) Act, 1995 remains vital for:

• Curbing unregulated growth and ensuring accountability of cable operators.
• Maintaining content standards to protect public interest, morality, and cultural integrity.
• Promoting transparency and quality service for subscribers.

With advancements in digital technology, the Act continues to evolve, aligning with the demands of a growing media industry.

Conclusion

The Cable Television Networks (Regulation) Act, 1995 established a comprehensive regulatory mechanism to govern cable operators and ensure responsible broadcasting. By introducing content standards, licensing processes, and technical compliance, the Act safeguards the interests of viewers, the government, and the industry. Amendments over the years have further enhanced its effectiveness, addressing challenges like rising costs, content quality, and digital transformation. As the media landscape evolves, the Act continues to play a pivotal role in ensuring fair, transparent, and ethical cable television services in India.