The Sports Broadcasting Signals (Mandatory Sharing with PrasarBharati) Act, 2007

(1) This Act may be called the Sports BroadcastingSignals (Mandatory Sharing with Prasar Bharati) Act, 2007. (2) It extends to the whole of India. (3) Save as otherwise provided, it shall be deemed to have come into force on the 11th day ofNovember, 2005.

(1) In this Act, unless the context otherwise requires,-- (a) "broadcaster" means any person who provides a content broadcasting service and includes abroadcasting network service provider when he manages and operates his own television or radiochannel service; (b) "broadcasting" means assembling and programming any form of communication content, likesigns, signals, writing, pictures, images and sounds, and either placing it in the electronic form onelectro-magnetic waves on specified frequencies and transmitting it through space or cables to makeit continuously available on the carrier waves, or continuously streaming it in digital data form on thecomputer networks, so as to be accessible to single or multiple users through receiving devices eitherdirectly or indirectly; and all its grammatical variations and cognate expressions; (c) "broadcasting service" means assembling, programming and placing communication contentin electronic form on the electro-magnetic waves on specified frequencies and transmitting itcontinuously through broadcasting network or networks so as to enable all or any of the multipleusers to access it by connecting their receiver devices to their respective broadcasting networks andincludes the content broadcasting services and the broadcasting network services; (d) "broadcasting networks service" means a service, which provides a network of infrastructureof cables or transmitting devices for carrying broadcasting content in electronic form on specifiedfrequencies by means of guided or unguided electro-magnetic waves to multiple users, and includesthe management and operation of any of the following: (i) Teleport/Hub/Earth Station, (ii) Direct-to-Home (DTH) Broadcasting Network, (iii) Multi-system Cable Television Network, (iv) Local Cable Television Network, (v) Satellite Radio Broadcasting Network, (vi) any other network service as may be prescribed by the Central Government; (e) "cable television channel" service means the assembly, programming and transmission bycables of any broadcasting television content on a given set of frequencies to multiple subscribers; (f) "cable television network" means any system consisting of closed transmission paths andassociated signal generation, control and distribution equipment, designed to receive and re-transmittelevision channels or programmes for reception by multiple subscribers; (g) "community radio service" means terrestrial radio broadcasting intended and restricted only toa specific community and within specified territory; (h) "content" means any sound, text, data, picture (still or moving), other audio-visualrepresentation, signal or intelligence of any nature or any combination thereof which is capable ofbeing created, processed, stored, retrieved or communicated electronically; (i) "content broadcasting service" means the assembling, programming and placing content inelectronic form and transmitting or retransmitting the same on electromagnetic waves on specifiedfrequencies, on a broadcasting network so as to make it available for access by multiple users byconnecting their receiving devices to the network, and includes the management and operation of anyof the following: (i) terrestrial television service, (ii) terrestrial radio service, (iii) satellite television service, (iv) satellite radio service, (v) cable television channel service, (vi) community radio service, (vii) any other content broadcasting services as may be prescribed by the CentralGovernment; (j) "Direct-to-Home (DTH) broadcasting service" means a service for multi-channel distributionof programmes direct to a subscriber's premises without passing through an intermediary such as acable operator by up linking to a satellite system; (k) "Guidelines" means the Guidelines issued under section 5; (l) "multi-system cable television network" means a system for multi-channel downlinking anddistribution of television programmes by a land-based transmission system using wired cable orwireless cable or a combination of both for simultaneous reception either by multiple subscribersdirectly or through one or more local cable operators; (m) "Prasar Bharati" means the Corporation known as the Prasar Bharati (BroadcastingCorporation of India) established under sub-section (1) of section 3 of the Prasar Bharati(Broadcasting Corporation of India) Act, 1990 (25 of 1990); (n) "prescribed" means prescribed by rules made under this Act; (o) "satellite television service" means a television broadcasting service provided by using asatellite, and received with or without the help of a local delivery system but does not include Directto-Homedelivery service; (p) "satellite radio service" means a radio broadcasting service provided by using a satellite anddirectly receivable through receiver sets by multiple subscribers in India; (q) "service provider" means provider of a broadcasting service; (r) "specified" means specified under the Guidelines issued under section 5; (s) "sporting events of national importance" means such national or international sporting events,held in India or abroad, as may be notified by the Central Government in the Official Gazette to be ofnational importance; (t) "terrestrial television service" means a television broadcasting service provided over the air byusing a land-based transmitter and directly received through receiver sets by the public; (u) "terrestrial radio service" means a radio broadcasting service provided over the air by using aland-based transmitter and directly received through receiver sets by the public. (2) Words and expressions used and not defined in this Act and defined in the Cable TelevisionNetworks (Regulation) Act, 1995 (7 of 1995), the Telecom Regulatory Authority of India Act, 1997 (24of 1997), the Indian Telegraph Act, 1885 (13 of 1885), the Indian Wireless Telegraphy Act, 1933 (17 of1933) shall have the meanings respectively assigned to them in those Acts.

(1) No content rights owner orholder and no television or radio broadcasting service provider shall carry a live television broadcast onany cable or Direct-to-Home network or radio commentary broadcast in India of sporting events ofnational importance, unless it simultaneously shares the live broadcasting signal, without itsadvertisements, with the Prasar Bharati to enable them to re-transmit the same on its terrestrial networksand Direct-to-Home networks in such manner and on such terms and conditions as may be specified. (2) The terms and conditions under sub-section (1) shall also provide that the advertisement revenuesharing between the content rights owner or holder and the Prasar Bharati shall be in the ratio of not lessthan 75:25 in case of television coverage and 50:50 in case of radio coverage. (3) The Central Government may specify a percentage of the revenue received by the Prasar Bharatiunder sub-section (2), which shall be utilised by the Prasar Bharati for broadcasting other sporting events.

The Central Government may specify penalties to be imposed, including suspension orrevocation of licence, permission or registration, for violation of various terms and conditions as may bespecified under section 3, subject to the condition that amount of a pecuniary penalty shall not exceed onecrore rupees: Provided that no penalty shall be imposed without giving a reasonable opportunity to the serviceprovider: Provided further that no act or omission on the part of any person after the 11th November, 2005 andbefore the date of promulgation of the Sports Broadcasting Signals (Mandatory Sharing with PrasarBharati) Ordinance, 2007(Ord. 4 of 2007), shall be subjected to penalties.

The Central Government shall take allsuch measures, as it deems fit or expedient, by way of issuing Guidelines for mandatory sharing ofbroadcasting signals with Prasar Bharati relating to sporting events of national importance: Provided that the Guidelines issued before the promulgation of the Sports Broadcasting Signals(Mandatory Sharing with Prasar Bharati) Ordinance, 2007(Ord. 4 of 2007), shall be deemed to have beenissued validly under the provisions of this section.