(1) Immediately on operationalisation of the subscriber management system and the installation of the set top boxes under rule 13, every multi-system operator shall start transmitting the pay channels in encrypted as well as unencrypted form for a period of not less than fifteen days to test out the quality of service, remove any technical or operational snags and enable the subscribers to become familiar with the operation of addressable systems at their end.
(2) Before the start of the transition period under sub-rule (1), the Authority may call for progress or compliance reports from the service providers in the Forms appended to these rules, and at Intervals, as may be specified by it to satisfy itself that all the multi system operators permitted under sub-rule (3) of rule 11 have completed all the necessary an^angements to switch over to transmission of pay channels through addressable systems in the whole of the notified area by the date notified by the Central Government under section 4A of the Act.
(3) In the event of satisfactory completion of all arrangements, every multi-system operator in the notified area shall start transmitting pay channels only through addressable systems from the date notified by the Central Government under section 4A of the Act.
(4) In the event of the Authority coming to a conclusion that the an^ngements made by the multi-system operators are not adequate and the switch over to transmission of pay channels through addressable systems is likely to be against the interests of a substantial portion of the subscribers in any notified area, the Authority may recommend to the Central Government an extension of the notified date by such period as in its opinion is 14 THE GAZE'ITE OF INDIA: EXTRAORDINARY________ [P a r t I I - S e c^ Q ) ] the minimum required for the satisfactory completion of the necessary arrangements by the multi-system operators.
(5) On receipt of a recommendation from the Authority under sub-rule (4), and before the expiry of the notified date, the Central Government may, if it is satisfied that it is not in public interest to switch over to addressable systems on the notified date and that circumstances so warrant to extend the notified date to protect the interests of a substantial portion of subscribers in the notified area, issue another notification indicating the revised date under section 4 A of the Act:
Provided that the power to issue notification in respect of the areas already notified by the Government of India in the Ministry of Information and Broadcasting under section 4 A of the Act vide number S. O. 792 (E) dated the July, 2003 shall be subject to the orders and final outcome of the IPA No. 985/2006 & CMs 6660/2006 and 6658/2006 pending in the High Court of Delhi.
(6) Every multi-system operator shall complete the remaining arrangements within such extended period and start transmitting the pay channels only through addressable systems from such revised date as notified under sub-rule (5)
(ii) In the Principal rules, for Form 6, the following Form shall be substituted, namely: - “Form 6 [See rule 11 (2)] (To be submitted in duplicate) Form of application for grant of permission to multi system operators to provide cable television network services with addressable system in any one or more Notified Area.
To The Secretary Ministry of Information & Broadcasting, ‘A’ Wing, Shastri Bhawan, New D elh i-110001 .
Subject : Application for grant of permission to multi system operators to provide cable television network services with addressable system in any or more notified areas.
Sir.
I hereby submit the following details for grant o f permission.
1 .(a) Name o f the Applicant (individual/flrm/company/association of persons/body of individuals) **
(b) Age/Date o f establishment/Date of Incorporation
2.(a) Nationality (for individual applicants/body of individuals)
(b) By birth/domicile
3. Details o f payment o f Processing Fee
4. Details of Registration as a Cable Operator
(a) Name of the Post Office with which registered
(b) Registration No.A^alidity up to
(c) Copy of the Registration Certificate (enclose)
5. Complete Postal Address with Telephone/Fax No./E-mail ID
(a) Corporate Office/Head Office
(b) Registered Office
(c) Regional Offices
(d) Address o f Correspondence
6. Name o f authorized contact person, his designation and telephone/fax No./E-mail ID
7. *Registration detail under Companies Act, 1956: Incorporation No. and Date (Attach a copy o f Certificate of Incorporation and Memorandum and Article o f Associations)
8. *Board o f Directors (Attach list of Directors along with bio-data o f each Director giving date o f birth, place of birth, parentage, nationality, permanent address, residential address, official address, passport No. (if any), qualification, experience, etc.
9. *Attach list o f key executives including CEO/MD along with details as in 8 above.
10. *(i) Authorized Share Capital, (ii) Paid-up Share Capital, (iii) Net worth (enclose a copy o f the audited Balance Sheet and Profit and Loss Account for the immediate preceding year and certificate o f Net Worth on the basis o f these documents by a Chartered Accountant).
11. Details o f availability/arrangement o f funds (sufficient proof to be enclosed).
12. (i) Present Area o f Operation (if in more than one city, city-wise details to be given).
(ii) CAS notified Area or Areas proposed to be covered by the applicant (if in more than one city, then city-wise details should be given)
13. No. o f channels being provided in unencrypted form (own/broadcasters’) (give names separately for own channels and broadcasters’ channels).
14- Other value added services being provided (details along with their copies o f licenses).
15. Total no, o f each o f local cable operators and subscribers covered (attach list of local cable operators with their telephone nos./fax nos./E-mail IDs and the number o f subscribers each o f the cable operators has with him.)
16. Details o f past experience/field o f activity.
17. Preparedness to supply and maintain adequate number of Set Top Boxes for the subscribers and installation of subscriber management system (give details to substantiate your claim including no. o f Set Top Boxes already available/orders placed/network o f authorized persons/agents to supply and provide after sales service).
il—T 5 ^3 (i)] : gRTT^K^____ _______ !1 _______ ________ rHE GAZETTE OF INDIA; EXTRAORDINARY [P a r t I I - -Se c . 3 ( i ) ]
18. Number of Agreements signed with broadcasters to supply their channels under CAS scheme (Give names of broadcasters and their channels for which agreements signed along with copies of agreements to substantiate your claim)
19. What arrangements have been made/proposed to be made to give wide publicity to CAS scheme in each of the notified areas, as approved by the Authority. (Give full details) 1/We ........................................................... . the applicant(s) **(individual/firm/ company/association o f persons/body of individuals) do hereby declare that the above facts are correct in all respects.
lAVe hereby undertake to abide by all the conditions/directions/orders that the Central Government or the Authority may lay down/issue for the smooth implementation and operation o f CAS scheme in the notified areas.
Signature of Applicant/Authorized person * * (individual/firm/company/association of persons^ody o f individuals) Place ............................... N a m e ............................
Date ....... ......................... A ddress......................
* To be given in case applicant is a Company/Firm ** Score out the word or words which are not applicable” [F. No. 9/l6-'2004-BP&L.(Vol. fV)l N. B A IJEN D R A K U M A R , Jt. Secy.
Note : I he Principal ru l.s were published vide num ber G.S.R. 729(E). dated th e2 9 th Septem ber, 1994 in the G azette o f India. T hese w ere subsequently am ended, vide
(i) GSR 459(E) dated the 8*̂ October. 1996
(ii) GSR 710(E) dated 8̂ ̂September, 2000
(iii) GSR 459 (E) dated the 6''" June, 2003
(iv) GSR 7 15(E) dated the 8̂ '̂ September, 2003
(v) GSR 282(E) dated the 11‘*̂ May, 2006.
‘rinicd by the Manager, Govt, o f India Press, Ring Road, Mayapuri, New D e lh i -110064 and Publi shed by ihe Controller o f Publications , Delhi -110054.