The Ministry of Information and Broadcasting (MIB) has ordered cable operators to install monitoring devices on their headends to allow officials from Broadcast Engineering Consultants India Limited (BECIL) to monitor their stream of exit. The notice has been issued pursuant to subsection 4 of section 10A of the Cable Television Networks (Regulation) Act 1995.
“In order to ensure compliance with the provisions of the Cable Television Networks (Regulation) Act 1995 and the rules made thereunder, it has been decided, with the approval of the competent authority, to monitor the cable operators’ output feed by means of a monitoring device Monitoring devices must be installed on the cable operators’ head end in accordance with the provisions of Subsection 4 of Section 10A of the Act of Cable Television Networks (Regulation) 1995,” the MIB said in a notice to Cable. television operators.
The ministry further stated that cable operators must cooperate with BECIL officials/team visiting their premises for the installation of monitoring devices on their head end. He also asked cable operators to provide information regarding headend locations, conditional access system details, transport stream/frequency details, RF power details, service, CTAV signal distribution areas and STB seeding details with BECIL managers/team for monitoring system.
He also warned that any non-cooperation will be considered a breach of Section 10A Subsection 4 of the Cable Television Networks (Regulation) Act 1995. (Regulation) Act, 1995 and the rules made thereunder.
Meanwhile, the MIB canceled the registration of Bhusawal Cable Network (BCN) for copyright infringement. The ministry had received a complaint that BCN was taking a feed from DD Free Dish and rebroadcasting it on its network. The Department has requested the relevant Authorized Officer (AO) prescribed under Section 2 of the Cable Television Networks (Regulation) Act 1995 to investigate the matter and submit his report to this ministry.
After reviewing the AO’s report and the comments made by BCN, the MIB canceled its MSO registration. The case went to the Bombay High Court which ordered the MIB to take no coercive action and to grant a personal hearing to BCN.
In the personal hearing, BCN referred to a Delhi High Court case mentioning that only the owner can sue for copyright infringement. BCN argued that since the MIB is not the copyright owner, Rule 6(3) cannot be invoked by it until there is a complaint from the copyright owner. . However, the MIB has stated that this legal basis is not tenable.
“It is established that BCN was retransmitting the mandatory, as well as the pay channels on its network, after taking a stream from the DD Free Dish could not be given or received by an MSO. This is clearly a violation of the provisions of the Copyright Act, 1957. Such a breach of the Copyright Act 1957 resulted in a breach of Rule 6(3) of the Cable Television Network Rules 1994, together with the terms of MSO registration granted to it,” the MIB said in an order passed after hearing from BCN personally.
Upon canceling BCN’s MSO license, the MIB said that no enforcement action would be taken against the MSO for weeks to comply with the Bombay HC order. “As this order is inconsistent with BCN, as per the order of the Honorable High Court, Bombay dated 04.04.2022, no enforcement action shall be taken against Bhusawal Cable Network Private Limited for a period of four weeks from the date of communication. of this order.”
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