MODEL INTERCONNECTION AGREEMENT BETWEEN MULTI SYSTEM OPERATOR AND LOCAL CABLE OPERATOR FOR PROVISIONING OF CABLE TV SERVICES THROUGH DIGITAL ADDRESSABLE SYSTEMS (DAS)
(Refer sub-regulation (3) of the regulation 12)
Note:
- Each page of this Agreement shall be signed by the authorised signatory of Multi System Operator and Local Cable Operator;
- The numbers allotted to the clauses in this format shall not be altered and additions (if any) may either be carried out at the end of relevant clause or after the last clause of this format.
This Technical and Commercial Interconnection Agreement along with its Schedules and Annexures is executed on this day of 20 by and between:
, having its office at , through its Authorised Signatory, hereinafter referred to as the “MSO” which expression shall unless repugnant to the context or meaning thereof, be deemed to include its successors, assignees, legal heirs and executors of the ONE PART.
MSO’s Status: Individual/Firm/Company/Association of Persons/Body of Individuals (strike out whichever is not applicable)
AND
, having its office at , through its Authorised Signatory, hereinafter referred to as the “LCO” which expression shall unless repugnant to the context or meaning thereof, be deemed to include its successors, assignees, legal heirs and executors, of the OTHER PART.
LCO’s Status: Individual/Firm/Company/Association of Persons/Body of Individuals (strike out whichever is not applicable)
The MSO and the LCO are hereinafter individually referred to as ‘Party’ and collectively referred to as “Parties”.
WHEREAS
A. The MSO is a cable operator, who has been granted registration No. dated under the Cable Television Networks Rules, 1994, by the Ministry of Information and Broadcasting, for providing cable TV services through digital addressable systems in the areas of notified by the Central Government under Section 4A of the Cable Television Networks (Regulation) Act, 1995.
B. The LCO is a cable operator, who has been granted registration under the Cable Television Networks Rules, 1994, having postal registration No. dated , in the head post office , for providing Cable TV Services in .
C. The LCO has requested the MSO vide its letter No. dated for making available signals of TV channels and the MSO has agreed vide its letter No. dated to provide signals of TV channels to such LCO.
D. TERRITORY: Territory, in the context of this Agreement is .
E. The Parties have mutually agreed to execute this Agreement - on principal to principal and non-exclusive basis - between them to govern the roles, responsibilities, rights, obligations, technical and commercial arrangement in regard to the distribution of TV channels in the Territory.
F. The Parties also mutually agree that each and every transaction including transaction of any properties/ assets between the Parties shall be carried out in writing or in any other verifiable means.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the Parties agree as follows: -
1. DEFINITIONS
The words and expressions used in this Agreement shall have meanings as assigned to them in the Schedule to this Agreement. All other words and expressions used in this Agreement, but not defined, and defined in the Act and rules and regulations made there under or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) shall have the meanings respectively assigned to them in those Acts or the rules or regulations, as the case may be.
2. TERM OF THE AGREEMENT
2.1 The Agreement shall commence on and remain in force till or the date of expiry of registration of the MSO or the LCO, as the case may be, whichever is earlier, unless terminated by either Party as per the terms and conditions of this Agreement.
2.2 The duration of the Agreement may be extended on terms and conditions to be mutually agreed between the Parties and recorded in writing provided that the extended term does not go beyond the last date of validity of registration of the MSO or the LCO, whichever is earlier.
3. TERMINATION OF THE AGREEMENT
3.1 Either Party has a right to terminate the Agreement by serving an advance notice of 21 days in writing to the other Party in the event of:-
(i) material breach of the Agreement by the other Party which has not been cured within 15 days of being required in writing to do so; or
(ii) the bankruptcy, insolvency or appointment of receiver over the assets of other Party; or
(iii) the other Party indulging in, or allowing or inducing any person to indulge in piracy or carrying programming service provided on the channel which is in violation of the Programme and Advertising Codes prescribed in the Cable Television Network Rules, 1994, as amended from time to time.
3.2 The LCO has a right to terminate the Agreement in the event of the MSO discontinuing the business of distribution of TV channels in the Territory.
3.3 The MSO has a right to terminate the agreement in the event of the LCO discontinuing its cable TV business in the Territory.
3.4 If the MSO decides to discontinue the business of distribution of TV channels in the Territory for any reason, it shall give a notice in writing, specifying the reasons for such decision, to the LCO at least 90 days prior to such discontinuation.
3.5 If the LCO decides to discontinue its business of providing signals of TV channels to the subscriber in the territory, it shall give a notice in writing, specifying the reasons for such decision, to the MSO at least 90 days prior to such discontinuation.
4. EFFECT OF TERMINATION AND EXPIRY
4.1 In the event of termination or expiry of the term of the Agreement, as the case may be, at the instance of either Party, each Party shall pay all amounts due and payable up to the date of termination or expiry to the other Party.
4.2 The LCO shall, within 15 days of the termination or expiry of the term of this Agreement, as the case may be, in terms of the provisions mentioned herein, hand over to the MSO all properties and assets belonging to the MSO, which are in the custody of the LCO. The LCO shall also be liable to make good all the losses or damages, if any, caused to such properties and assets belonging to the MSO, in custody of the LCO, within 30 days from the receipt of notice to this effect from the MSO and in the event of inability of LCO to repair such properties/assets, the LCO shall pay to the MSO the depreciated value of such properties/ assets.
4.3 The MSO shall, within 15 days of the termination or expiry of the term of this Agreement, as the case may be, in terms of the provisions mentioned herein, hand over to the LCO all properties and assets belonging to the LCO, which are in the custody of the MSO. The MSO shall also be liable to make good all the losses or damages, if any, caused to such properties and assets belonging to the LCO, in custody of the MSO, within 30 days from the receipt of notice to this effect from the LCO and in the event of inability of MSO to repair such properties/assets, the MSO shall pay to the LCO the depreciated value of such properties/ assets.
Explanation:- The clause 4.2 and 4.3 above shall not have any application in respect of Hardware or any other equipment belonging to the MSO or the LCO, as the case may be, which are installed at the premises of the subscribers.
4.4 If the LCO or the MSO, as the case may be, fails to hand over the assets or make good losses or damages caused to such properties and assets within the above stipulated period, the defaulting Party shall be liable to make payment for the depreciated value of the same together with simple interest calculated at the rate 2% over and above the base rate of interest of the State Bank of India.
5. PROVISIONING OF SERVICES
5.1 The MSO shall make available signals of TV channels to the LCO, on non-exclusive basis, in order to distribute the same to the subscribers in the Territory, in terms of this agreement and as per prevailing norms, policies, the applicable laws and rules, regulations, directions and orders of the concerned authorities.
5.2 The LCO shall carry signals of TV channels received from the MSO, on non-exclusive basis, for distribution to the subscribers in the Territory.
5.3 The Parties shall compulsorily transmit, re-transmit or otherwise carry any channel or programme only in encrypted mode through a digital addressable system strictly in terms of and in accordance with the applicable laws and regulations.
5.4 The roles and responsibilities of the Parties to the Agreement for provisioning of services are contained in clause 10 of this Agreement.
5.5 In consideration of the roles and responsibilities mentioned in clause 10 of the Agreement, the revenue settlement between the LCO and the MSO have been mentioned in the clause 12 of the Agreement.
6. RIGHTS OF THE MSO
6.1 The MSO shall continue to have a right of ownership of its network used to deliver the cable TV services under this agreement and it may expand/ upgrade/ change/ replace/ re-design any part or entire network subject to the condition that any such activity does not interrupt or degrade the Quality of Service provided to the subscribers.
6.2 The MSO shall sign the interconnection agreement with broadcasters for distribution of TV Channels as per prevailing norms, policies, the applicable laws and rules, regulations, directions and orders of the concerned authorities.
6.3 The MSO shall have the right to finalise the maximum retail price of each channel, as payable by the subscriber in compliance with the provisions of applicable laws and rules, regulations and tariff orders.
6.4 The MSO shall have the right to package the channels/ services offered on the network, as per its business plan and as per prevailing norms, policies, the applicable laws and rules, regulations and tariff orders.
6.5 The MSO shall have the right to finalise the rate of Basic Service Tier (BST) in compliance with the provisions of the applicable tariff orders and regulations notified by the Authority from time to time.
6.6 The MSO shall have the right to finalise the rates of bouquets of channels, if offered by the MSO, in compliance with the provisions of the applicable tariff orders and regulations notified by the Authority.
6.7 The MSO shall have the right to get all requisite information from the LCO for the purpose of fulfilling its responsibilities under the Agreement, and the applicable orders and regulations.
7. RIGHTS OF THE LCO
7.1 The LCO shall continue to have its right of ownership of its network used to deliver the cable TV services under this agreement and it can expand/ upgrade/ change/ replace/ re-design any part or entire network subject to the condition that any such activity does not interrupt or degrade the Quality of Service offered to the subscriber on its network.
7.2 The LCO shall have right to get all the requisite information from the MSO for the purpose of fulfilling its responsibilities under the Agreement, and the applicable orders and regulations.
8. OBLIGATIONS OF THE MSO
8.1 MSO shall set up and operationalise the Head-end, Conditional Access System (CAS) and Subscriber Management System (SMS) for ensuring efficient and error-free services to the subscribers by recording and providing individualized preferences for channels, billing cycles or refunds.
8.2 The MSO shall make available to the LCO, the necessary and sufficient information relating to the details of channels, bouquets of channels, and services offered to the subscribers including their prices.
8.3 The MSO shall provide web based grievance redressal mechanism for addressing the complaints of LCOs in relation to the provision of services, roles and responsibilities, revenue settlements, quality of services etc.
8.4 The MSO shall not issue pre-activated STBs and the STBs shall be activated only after the details of the Customer Application Form (CAF) have been entered into the SMS.
8.5 The MSO shall generate bills for subscribers on regular basis, for charges due and payable for each month or as per the billing cycle applicable for that subscriber, within 3 days from the end of the billing cycle.
8.6 The MSO shall provide access to the relevant part of the SMS under its control to the LCO for the purpose of fulfilling responsibilities by the Parties under the Agreement, and the applicable orders and regulations.
8.7 The MSO shall not indulge in any piracy or other activities, which has the effect of, or which shall result into, infringement and violation of trade mark and copyrights of the LCO or person associated with such transmission.
8.8 The MSO shall comply with all the applicable statutes or laws for the time being in force, or any rules, codes, regulations, notifications, circulars, guidelines, orders, directions etc. issued, published or circulated under any law for the time being in force.
8.9 The MSO shall not do any act or thing as a result of which, any right or interest of the LCO in respect of cable TV signals under this Agreement or any property of the LCO may be infringed or prejudiced.
8.10 The MSO shall be responsible for encryption of the complete signal, up to the STB installed at the premises of the subscriber.
8.11 The MSO shall not disconnect the signals of TV Channels, without giving three weeks’ advance notice to the LCO clearly specifying the reasons for the proposed disconnection as envisaged in the Interconnection Regulation.
8.12 The MSO shall make available consumer friendly electronic payment options in the subscriber management system for the electronic payment of bills by the subscribers, prepaid system for subscribers and facility for acknowledgments/receipts to the subscribers for the payments made by them.
8.13 The MSO shall provide to the LCO at least 2% of the total STBs active in the network of the LCO with an upper cap of 30 STBs as maintenance spare, which are not pre-activated, to ensure speedy restoration of services affected due to any fault in STB. This quantity of maintenance spare STBs shall be maintained during the term of the agreement.
8.14 The MSO shall intimate to the LCO, at least 15 days in advance, in respect of any proposed changes in the package composition or the retail tariff being offered to the subscriber.
8.15 The MSO shall have no right, without the prior written intimation to the LCO, to assign or transfer any of its rights or obligations under this Agreement.
9. OBLIGATIONS OF THE LCO
9.1 The LCO shall handover a copy of CAF received from subscribers within 15 days to the MSO.
9.2 The LCO shall be responsible for entering the details of the bill amount paid by the individual subscriber to the LCO for the Cable TV services in the SMS.
9.3 The LCO shall not indulge in any piracy or other activities, which has the effect of, or which shall result into, infringement and violation of trade mark and copyrights of the MSO, or any other person associated with such retransmission.
9.4 The LCO shall have no right, without the prior written intimation to the MSO, to assign or transfer any of its rights or obligations under this Agreement.
9.5 The LCO shall not replace the STBs of the MSO with the STBs of any other MSO without receiving the requests from the subscribers through application forms for returning the STB of the existing connections and for providing new connections through Customer Application Form. The new Set Top Box shall be activated only after entry of the details, as provided in new Customer Application Form, into the Subscriber Management System of the new MSO.
9.6 The LCO shall –
(i) not transmit or retransmit, interpolate or mix any signals which are not transmitted or generated by the MSO without the prior written consent of the MSO;
(ii) not insert any commercial or advertisement or information on any signal transmitted by the MSO. Any such tampering of signals or interpolating of signals shall be deemed to be a violation of this Agreement and shall constitute sufficient cause for termination of this Agreement by the MSO by giving such notice as prescribed under the law or under this agreement;
(iii) not interfere in any way with the signals provided by the MSO and also not use any decoding, receiving, recording equipment(s), counterfeit set top box or Smart card and any other like equipments;
(iv) not alter or tamper the Hardware including the seal (seal to prevent opening of set top box), misuse, replace, remove and shift the Smart card or STB without the written consent of MSO from their respective original addresses;
(v) not use, either before or after the installation of STB, of any decoding, receiving, recording equipment(s), counterfeit set top box(es), smart card(s) other than the STB(s), Smart cards and any other equipments supplied/ approved by the MSO, and to take actions as directed by the MSO against such subscribers.
(vi) intimate the MSO promptly about any alteration, tampering with the Hardware including the seal, misuse, replacement, removal and shifting of Smart cards and STBs, without the written consent of MSO, from their respective original addresses and also about the use, either before or after the STBs, of any decoding, receiving, recording equipment(s), counterfeit set top box(es) and smart card(s) other than the STB(s), Smart card(s) and any other items of Hardware supplied by the MSO, and to take actions as directed by the MSO against such subscribers.
9.7 The LCO shall not provide connection to any entity for further retransmission of the Cable TV signals.
9.8 The LCO shall not record and then retransmit Cable TV signals or otherwise to block or add or substitute or otherwise tamper with the signal being transmitted by the MSO or with the trunk line nor shall allow any other person to do so.
9.9 The LCO shall not do any act or thing as a result of which, any right or interest of the MSO in respect of the Cable TV signals under this Agreement or any property of the MSO may be infringed or prejudiced.
9.10 The LCO shall permit access to the systems under its control to the MSO, on non-exclusive basis, for the purpose of fulfilling responsibilities by the Parties under the Agreement, and the applicable orders and regulations.
9.11 The LCO shall not disconnect the signals of TV Channels, without giving three weeks’ notice to the MSO clearly specifying the reasons for the proposed disconnection as envisaged in the Interconnection Regulation.
10. ROLES AND RESPONSIBILITIES OF THE MSO AND THE LCO
| Sl. No. | Role | Responsibility of the MSO or the LCO as mutually agreed by the Parties | Remarks |
|---|---|---|---|
| 1 | Devising of Consumer Application Form, either in electronic format or print format or both... | ||
| 2 | a. Provide information to consumers about the details of services... b. Providing information to the subscriber about the details of STB schemes... | ||
| 3 | Provisioning of broadcasting services to the consumer upon obtaining duly filled Consumer Application Form... | The Party who has been assigned this responsibility shall update the information in the Subscriber Management System (SMS)... | |
| 4 | Assigning a unique identification number (UIN) to every subscriber and communicating the same... | The UIN shall be generated from the SMS... | |
| 5 | Activation of broadcasting services to the subscribers. | Activation shall be done only after details of CAF have been entered into the SMS... | |
| 6 | Activation of requested channel(s) or bouquet(s)... | ||
| 7 | Deactivation of requested channel(s) and bouquet(s)... | ||
| 8 | Temporary suspension of the broadcasting services... | ||
| 9 | Restoration of services of a subscriber... | ||
| 10 | Relocation of connection of a subscriber... | ||
| 11 | Providing notice to the subscribers regarding interruption of signals... | ||
| 12 | Disconnection of broadcasting services to a subscriber upon request... | ||
| 13 | Offering broadcasting services to the subscribers either on pre-paid basis or post-paid basis or both... | ||
| 14 | Changing payment mechanism from pre-paid to post-paid or vice-versa... | ||
| 15 | Generation of post-paid bills for subscribers... | ||
| 16 | Delivery of post-paid bills to subscribers... | ||
| 17 | Issuance and delivery of receipts to post-paid subscribers for manual payments... | ||
| 18 | Acknowledging pre-paid payments to the subscriber and updating the subscriber management system... | ||
| 19 | Providing set top boxes to the subscribers... | ||
| 20 | Offering different schemes for the STB... | ||
| 21 | Offering annual maintenance scheme for the Customer Premises Equipment... | ||
| 22 | Repairing of a malfunctioning set top box... | ||
| 23 | Publicizing toll free consumer care number and address of the web based complaint management system... | ||
| 24 | Providing copies of Manual of Practice (MoP) to subscribers... | The MSO shall finalize the contents of MOP... | |
| 25 | Payment of taxes to the Government. | The specific details of tax payment responsibilities need to be filled... |
Note: The responsibilities for various roles mentioned in the column (2) above can be mutually agreed by the Parties and accordingly the cells of the column (3) to be filled.
11. BILLING
11.1 The billing for subscriber shall be in the name of . However, each Party shall ensure that the applicable laws, rules and regulations relating to taxes are complied with.
11.2 The Party, in whose name the billing for subscribers have been agreed in the clause 11.1 above, shall receive the payment of the subscription fee paid by the subscribers. The revenue share as per clause 12.1 of this Agreement shall be paid by this Party to the other Party on receipt of the invoice from the other Party.
12. REVENUE SETTLEMENT BETWEEN THE LCO AND THE MSO AND RELATED RIGHTS AND OBLIGATIONS
12.1 The settlement of charges between the LCO and the distributor shall be in the following manner:-
(a) network capacity fee amount shall be shared in the ratio of : between multi system operator and local cable operator respectively.
(b) the distribution fee amount shall be shared in the ratio of : between multi system operator and local cable operator respectively.
Note:-
(1) For mutual agreement cases where the roles and responsibilities of the MSO and the LCO have been agreed as per column (3) of clause (10), this clause can be suitably amended based on mutual agreement.
(2) Network capacity fee amount and the distribution fee shall have the same meaning as defined in the Interconnection Regulations and Tariff Order.
12.2
(When the billing for subscribers is in the name of the LCO and the LCO receives the payment...)
The MSO shall issue monthly invoice to the LCO towards dues payable by the LCO for revenue settlement... The amounts raised in the invoice shall be payable on or before the due date as mentioned therein.
OR
(When the billing for subscribers is in the name of the MSO and the MSO receive the payment...)
The MSO shall share the complete information relating to the subscribers billing... The amounts raised in the invoice shall be payable on or before the due dates as mentioned therein.
(*Strike out whichever is not applicable at the time of signing individual agreement)
12.3 The Party shall update the details of the subscription amount realised from the subscriber, in the SMS within 7 days from the due date.
13. DEFAULTS
13.1 ...in the event of any delay or failure by the MSO or the LCO... to make payments of dues... the other Party shall have the right:-
(i) to disconnect the services subject to the compliance of the applicable rules...;
(ii) to terminate this Agreement, subject to compliance of the applicable laws in force;
(iii) to charge a simple interest at the rate 2% over and above of the base rate of interest of the State Bank of India...
13.2 In cases where any of the Parties has failed to make payment on or before due date for three consecutive months..., the other Party shall have right to demand the interest free security deposit...
13.3 Upon disconnection of the service... the defaulting Party shall be liable to deposit forthwith all sums payable by it...
14. UNDERTAKINGS
14.1 Each Party shall recognize the exclusive ownership of the property owned and installed by the other Party...
14.2 Nothing contained herein shall constitute either Party as the agent or partner or the representative of the other...
14.3 It is expressly understood by the Parties that “” logo(s) is a Registered Trade Mark of the MSO...
14.4 It is expressly understood by the Parties that “” logo(s) is a Registered Trade Mark of the LCO...
14.5 It is clearly understood and accepted by each Party that it shall have no right to use any intellectual property of the other... on or after the withdrawal by the other Party of its consent...
14.6 In case the LCO or the MSO, as the case may be, decides to transfer its interest... the LCO or the MSO, as the case may be, shall give prior notice to the MSO or the LCO...
14.7 The LCO shall maintain and continue to maintain its Postal Registration Certificate renewed from time to time...
14.8 The MSO shall maintain and continue to maintain its Registration Certificate renewed from time to time...
14.9 Both the Parties shall comply with the Programme Codes and Advertising Codes...
14.10 Both the Parties shall comply with the laws for the time being in force in India, as applicable to them.
15. PREVENTION OF PIRACY
15.1 The Parties shall not indulge or allow any person to indulge in Piracy or in reverse engineering of any technology used in the Hardware...
15.2 Signal to any subscriber shall be disconnected by the MSO or the LCO, as the case may be, after giving due notice... if found to be indulged in or abetting any Piracy.
16. DISCLAIMER AND INDEMNITY
16.1 In no event, the MSO shall be liable to the LCO for any indirect, special, incidental or consequential damage... which is not attributable to any act of the MSO.
16.2 In no event, the LCO shall be liable to the MSO for any indirect, special, incidental or consequential damage... which is not attributable to any act of the LCO.
16.3 LCO shall indemnify the MSO for all cost, expense and damages by reason of any claim... due to any default of the LCO...
16.4 MSO shall indemnify the LCO for all cost, expense and damages by reason of any claim... due to any default of the MSO...
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 ...the Parties shall not institute any suit... save and except before the Telecom Disputes Settlement and Appellate Tribunal, New Delhi (“TDSAT”)...
18. FORCE MAJEURE
18.1 Failure on the part of the MSO or the LCO to perform any of its obligations, shall not entitle either Party to raise any claim... to the extent that such failure arises from an event of Force Majeure... If the conditions of Force Majeure to continue for a period exceeding one month... the Agreement shall be terminated upon notice...
18.2 Any accrued payment obligation of a Party prior to the commencement of Force Majeure shall survive the termination of this Agreement...
19. NOTICES
19.1 Any notice to be served on any Party by the other shall be deemed to have been validly sent if sent by Registered Post Acknowledgement Due (RPAD)...
20. RESTRICTION ON TRANSFER
20.1 The either Party shall not remove, sell, assign, mortgage, transfer/sublet and encumber all or any part of the network which belongs to the other Party...
21. CONFIDENTIALITY
21.1 The Parties shall keep in strict confidence, any information received by one from the other...
21.2 The Parties shall also bind their employees, officers, advisors... to the obligations of confidentiality.
21.3 The Parties hereby agrees that the confidential information can be disclosed to the statutory authority on demand...
22. MODIFICATIONS
22.1 The Agreement cannot be modified, varied or terminated except in writing...
23. BINDING EFFECT
23.1 This Agreement modifies all prior understanding of the Parties as to the subject matter thereof...
IN WITNESS WHEREOF the Parties have set and subscribed their respective hands to this Agreement on the date and year appearing hereinabove.
Signed on behalf of the MSO
(Authorised Signatory)
In the presence of
1.
2.
Signed on behalf of the LCO
(Authorised Signatory)
In the presence of
1.
2.
Note: The self attested copies of power of attorney/authorization letter, whereby the signatories of this agreement have been authorised to sign and execute this agreement by the Parties, shall be attached with this agreement.
Schedule - DEFINITIONS AND INTERPRETATIONS
A. DEFINITIONS
In the Agreement unless the context requires otherwise, the following words and expressions shall have the meanings set out herein below:
(a) “Act” means the Telecom Regulatory Authority of India Act, 1997...
(b) “addressable system” shall have the same meaning as assigned to it in the Telecommunication... Regulations, 2017;
(c) “Authority” means the Telecom Regulatory Authority of India...
(d) “basic service tier” means a bouquet of free to air channels as referred to in the Tariff Order;
(e) “bouquet” or “bouquet of channels” means an assortment of distinct channels...
(f) “broadcaster” means a person or a group of persons...
(g) “cable service” or “cable TV service” means the transmission of programmes...
(h) “cable television network” or “cable TV network” means any system consisting of a set of closed transmission paths...
(i) “customer care centre” means a department or a section or a facility established under QoS regulations;
(j) “CTN Act” means the Cable Television Networks (Regulation) Act, 1995 (7 of 1995);
(k) “encryption or encrypted” ...means the changing of such signal in a systematic way...
(l) “free-to-air channel” shall have the same meaning as assigned to it in the Tariff Order;
(m) “hardware” means a multi-system operator approved set top box...
(n) “head-end” means a facility that contains satellite receivers, modulator...
(o) “Interconnection Regulation” means the Telecommunication... Regulations, 2017;
(p) “Manual of Practice (MoP)” means the Manual of Practice as referred to in the QoS Regulation;
(q) “pay channel” shall have the same meaning as assigned to it in the Tariff Order;
(r) “piracy” means unauthorized reception, retransmission or redistribution of Cable TV Signal...
(s) “programme” means any television broadcast and includes...
(t) “QoS Regulation” means the Telecommunication... Regulations, 2017;
(u) “set top box” means a device, which is connected to... a television receiver...
(v) “smart card” means the card duly approved by the multi system operator...
(w) “subscriber” ...means a person who receives broadcasting services...
(x) “subscriber management system” means a system or device which stores the subscriber records...
(y) “Tariff Order” means the Telecommunication... Tariff Order, 2017;
(z) “trunk line” means the coaxial/optic fibre cable network...
All other words and expressions used in this interconnection agreement but not defined... shall have the meanings respectively assigned to them...
B. INTERPRETATION
In this Agreement, unless the context otherwise requires:
(a) Any reference to the singular... shall include a reference to the plural and vice versa...
(b) The word “person” shall include individuals, corporations, partnerships...
(c) Any references to article, clauses, sub-clauses... are references to Articles, clauses, sub-clauses... to the Agreement...
(d) References to a “month” are to a calendar month;
(e) Headings and titles are for ease of reference only...
(f) Any reference to law, regulation, statutory provision... includes references to such law... as modified, codified, amended or re-enacted from time to time.