Sunday, January 23, 2011

cable network act

The Cable Television Networks (Regulation) Act, 1995
This Act consists of Rules and Regulations regards to Cable Television Networks in the country further still it also mentions the procedural laws and punishment of the offences related to Cable Television Networks in the country.
 A Cable Operator is a person who operates the cable television network and provides the services of cable television to the viewers of that particular area, also controls the management of the cable services  Meaning Of The Word - Cable Television Network
 It is a network of cable systems which transmits the cable facility to many televisions through a single system which consists of an equipment capable of permission of that service to the subscribers.Subscribers are the group of persons who receives the services of the cable television network by the way of transmission.
Conditions to become a Cable Operator
. A person who wants to operate a Cable Television Network, should register himself according to the provisions of this Act. For this registration there must be an application for that in a prescribed form.
Procedure for registration
 If a person wants to register as a cable operator firstly he has to apply to the authorised registration authority by an application according to the Act and the application must be accompanied by a fee as prescribed. After the satisfaction of the registering authority registers that person and grant him a certificate of registration.
 Essential functions of cable operators
 The cable operator transmits the programmes that are prescribed in the Programme Code and also the same condition is applicable to the advertisements. Cable operator should also maintain a register where the list of programmes are written which are transmitted or re-transmitted by the Cable operator for every month till a year. Every cable operator has a duty to transmit any two Doordarshan Channels to the viewer through the process of re-transmission through their equipment and also cable operator should take care that the transmission of the cable network does not interfere the functioning of the authorised telecommunication systems.
Equipment Seizure
Who has the power to seize equipment used for cable services operation?
Any officer ; Group A Officer and above, of the Central Govt. duly authorized by the Govt. for doing so, has a power to seize the equipment of a cable operator if it has not been registered in accordance with the provisions of this Act. Provided that no such seized equipment is to be retained by any officer more than 10 days unless the approval of the District Judge in this regard.
When confiscation takes place?
Any equipment seized by any Officer duly authorized to do so; is liable for confiscation unless the cable operator to which that equipment belongs, register himself as a cable operator under the provisions of the Act within the period of 30 days from the date of seizure of that equipment; but an opportunity to represent in writing should be given to the cable operator by the method of notice in writing about the confiscation of this equipment within a reasonable time. Provided that when no such notice in writing is given to the cable operator within 10 days from the date of seizure of that equipment then such equipment shall be returned after the expiry of that period to him. i.e. the Cable operator whom the equipment belongs.
Procedure of appeal
If any cable operator got dissatisfied by any decision of the court who is adjudicating a confiscation of his equipment may go for an appeal to the court to which an appeal lies from the decision of such court.
The Appellate Court gives an opportunity to the cable operator of being heard pass such orders as it thinks fit as the case may be, after taking additional evidence if necessary and no further appeal against this appeal according to this Act.
Offences and their Punishments
Punishments for the contravention of the provisions of this Act
If any body contravenes any provisions of this Act for the first offence, shall be punishable with the imprisonment for a term which may extend to two years or with fine which may extend to Rs.1000 or with both, according to this Act, and, if any body does it for the second offence then, he is punishable with the punishment of imprisonment for a term which may extend to 5 years and with fine which may extend to Rs.5000 according to this Act.
Procedure of cognizance offences
Court shall take cognizance of any offence in the contravention of any provision of the Act. Only when an authroised Officer not below the rank of Grade A Officer of Central Govt. as the State Govt. may, by notification in the Official Gazette may otherwise lodge a complain in writing.

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