MIB to monitor output feed of cable ops

The Ministry of Information and Broadcasting (MIB) has directed cable operators to install monitoring devices on their headends in order to allow Broadcast Engineering Consultants India Limited (BECIL) officials to monitor their output feed. The advisory has been issued under the provision of Sub-Section 4 of Section 10A of the Cable Television Networks (Regulation) Act, 1995.

"ln order to ensure adherence to the provisions of Cable Television Networks (Regulation)Act, 1995 and Rules made thereunder, it has been decided, with the approval of the competent authority, to monitor the output feed of cable operators through a monitoring device. The monitoring devices are to be installed on the Head-end of the Cable Operators, under the provision of Sub-Section 4 of Section 10A of the Cable Television Networks (Regulation) Act, 1995," the MIB said in an advisory to the cable TV operators.

The ministry further stated that the cable operators have to cooperate with officials/team of BECIL visiting their premises for installation of monitoring devices on their Head-end. lt has also requested the cable operators to furnish information regarding Head-end locations, Conditional Access System detail, Transport Stream / Frequency detail, RF Feed details, Platform Service details, CTAV Signal distribution areas, and STB Seeding details with BECIL officials/team for the monitoring system.

It also warned that any non-cooperation will be viewed as a violation of subsection 4 of Section 10A of the Cable Television Networks (Regulation) Act, 1995. Such violations, it added, may invite action as per the provisions of the Cable Television Networks (Regulation) Act, 1995 and Rules made thereunder.

Meanwhile, the MIB has cancelled the registration of Bhusawal Cable Network (BCN) for copyright violation. The ministry had received a complaint that BCN was taking a feed from DD Free Dish and re-transmitting it on its network. The ministry requested the Authorised Officer (AO) concerned prescribed under Section 2 of the Cable Television Networks (Regulation) Act, 1995 to inquire into the matter and submit his report to this Ministry.

After considering the AO's report and the submissions made by BCN, the MIB cancelled its MSO registration. The matter went to the Bombay High Court which directed the MIB not to take any coercive step and grant a personal hearing to BCN.

During the personal hearing, BCN referred to a Delhi High Court case by mentioning that only the owner can file a complaint about the violation of its copyrights. BCN contended that since MIB is not the owner of the copyright, rule 6(3) cannot be invoked by it until there is a complaint from the copyright holder. However, the MIB said that this legal ground is non-maintanable.

"It is established that BCN was retransmitting the mandatory, as well as Pay Channels on its network, alter taking a feed from the DD Free Dish could not be given to or received by an MSO. This is clearly a violation of provisions of the Copyright Act, 1957. Such violation of the Copyright Act, 1957 resulted in violation of Rule 6(3) of the Cable Television Networks Rules, 1994 and also the terms and conditions of MSO registration granted to it," the MIB said in an order passed after giving personal hearing to BCN.

While canceling BCN's MSO licence, the MIB said that no coercive action will be taken against the MSO for weeks in order to comply with the Bombay HC order. "As this order is adversarial to BCN, as per the order of the Hon'ble High Court of Bombay dated 04.04.2022, no coercive step shall be taken against Bhusawal Cable Network Private Limited for a period of four weeks from the date of communication of this order."