212. Clause 83 For reasons given earlier, substitute the words "an Adjudicating Officer or the Appellate Tribunal Or the Commission" by the words "the Commission or the Appellate Tribunal"

 213.Clause 88(2)(h)- Delete part (h) of sub-clause (2) of clause 88

Subsequently sub-clauses to be re-numbered.

 214. Clause 88 (2)(s) states that "the manner in which the number and type of broadcasting services including those of the public service broadcaster is to be provided by every service provider under clause ( i ) of sub-section (3) of section 28;

215. The Committee notes that in clause 88(2)(s) (line 26, page 32) the word 'is' is mentioned instead of 'are' which is singular whereas the clause talks about the type of services which are to be provided by the public service broadcaster. The Committee therefore, feels that in clause 88(2)(S) (line 26 page 32) the word 'is' be substituted by the word 'are'.
216. Clause 88(2) (u): In view of the opinion expressed earlier about the concept of 'Adjudicating Officer', sub-clause (2)(u) of clause 88 also needs to be deleted.

 217. Likewise, in Clause 881(2)(v) --substitute the words "an adjudicating officer" by the words " the Commission"
218. Clause 88(2)(y): Since provision of a Search Committee in the Act itself has been recommended, as a consequence thereof sub-clause (2)(y) of clause 88 will have to be omitted.

219. Clause 92 states that:-
(a) in section 91, in sub-section (3), in clause (b), for the words "postal or telegraph authority", the words and figures "postal authority or any service provider holding a license or registration granted under the Communication Convergence Act, 2001 " shall be substituted;

(b) in section 92, for the words "postal or telegraph authority", wherever they occur, the words and figures "postal authority or any service provider holding a license or registration granted under the Communication Convergence Act, 2001"' shall be substituted.


 220. As already recommended earlier in clause 1 dealing with title of the Bill by the Committee, it is reiterated that the words and figures "Communication Convergence Act, 2001" in clause 92 also be substituted by the term "Communication Act, 2002".

221. Clause 93: Clause 93 of the Bill provides for repeal of certain Acts, saving of licences and registrations and dissolution of certain Authorities. Sub-Clause (2) of Clause 93 stipulates that any person having an existing licence or registration under
 any of the Acts now being repealed may continue to use the same if he has made an application under the new Act within a period of six months. Sub-Clause (3) deals with the grant of a new licence or registration under the new Act.


 222. Almost all the non-official witnesses expressed reservations against these provisions and said that the new Act should not in any way affect the "existing licences" as they have entered the arena on the assurances of the Government and the
 latter must not arbitrarily alter the conditions of their licences or registration or permit new players at comparatively soft/easy terms.


 223. The Committee has considered this question in depth and finds some merit in the view of the existing service providers. Accordingly, it recommends that the following proviso be added after sub-clause (3) of clause 93 (page 35 line 36):
"Provided that such licence or registration shall not deprive a person of any right already acquired under the licence or registration granted under any of the Acts repealed under subsection (1) till the time such licence or registration would have remained in force under that."

224. Clause 94 of the Bill repeals the Cable Television Networks (Regulation) Act, 1995. An amendment like the one suggested to clause 93(3), the Committee feels, is not necessary to this clause as the Cable Act (under repeal) only provided - for registration while now licencing of cable operators is stipulated under the new Act.

225. The Committee, however, feels that there should be an alternate provision of making application, referred to in the clause 94(2). There should be a provision to submit the application also by registered post. Hence, it is suggested that the existing sub-clause (2) be re-numbered -as

2(i) and after the sub clause so renumbered the following be added:

"2(ii) The application referred to in clause (i) above alongwith the requisite fee, may also be sent to the Commission by Registered Post with Acknowledgment Due."

226. Before parting with this Report, the Committee notes that, Committee on Subordinate Legislation' in its 24th Report (10th Lok Sabha) while analysing the reasons for delay in framing the rules/regulations and their notification has recommended that with a view to ensure timely framing of rules under the Acts passed by the Parliament, the Ministry/ Department concerned should ensure that the "framing of draft rules is initiated simultaneously with the drafting of the proposed Bill so that the draft rules become ready by the time the Bill is introduced in the House". It has also been recommended that "whenever a Bill is introduced in Parliament and in particular those Bills which propose setting up of a Commission or Tribunal, there should be a note in the 'Memorandum of delegated legislation' appended to the Bill to the fact that the draft rules have also been prepared under that Bill.

As such the Committee trusts that the draft rules have been framed by the Department of Telecommunications and the same will be amended in the light of the amendments now proposed by the Committee. The Committee recommends that the rules be ready by the time the House takes up the Bill for consideration.

226. The Committee asked in evidence about the measures contemplated to regulate/curtail harmful/illegal contents of Internet. The Secretary, Department of Information Technology replied that there have been technological limitations in regulating or curtailing harmful contents like pornography etc. displayed through Internet. But to the extent possible they would regulate it, assured the Secretary, DIT.

227. The Committee further enquired whether 'Media' as referred to in the Bill covers Print Media also. The Secretary, DoT clarified that 'Media' as referred to in the Bill is meant as 'carriage'. The Committee asked when Print Media has not been intended to be brought within the scope of the Bill, why that has not been clarified in the Bill itself. The Secretaries, DoT & I&B both assured that they would clarify the matter in the Bill itself.

228. To another specific query of the Committee, the Ministry of Information and Broadcasting in a written note, submitted that Cable Operators are required to get, themselves 'registered' with the Head Post Offices on payment of a nominal annual fee of Rs.500/- for providing Cable network services under section 3 of the Cable Act, 1995. It has encouraged the growth of small cable operators, who may face extinction if a licensing regime is introduced for them. Subsequently, the Department of Telecommunications, in a written communication, also agreed with the view of the Ministry of Information & Broadcasting.

229.The Committee trusts that the assurances given to it for regulating/curtailing the illegal/harmful contents of Internet, within the technological limitations, should be adhered to. Similarly, the connotation of the word 'Media' as referred to it in the Bill, should be clarified in the Bill itself, as assured, in order to avoid confusion.

230. The Committee further desires the Government to see whether the Cable service operators can be allowed to continue to operate on the basis of 'registration', as is the present practice, in order to obviate any apprehension of possible extinction of small cable operators in case the licensing regime is introduced for them. However, for providing any additional services such as Internet telephony etc. they may be brought under the corresponding licensing regime as envisaged under the Convergence Bill.

231. Before parting with this Report, the Committee notes that Committee on Subordinate Legislation in its 24th Report (10th Lok Sabha) while analysing the reasons for delay in framing the rules/regulations and their notification has recommended that with a view to ensure timely framing of rules under the Act passed by the Parliament, the Ministry/Department concerned should ensure that the "framing of draft rules is initiated simultaneously with the drafting of the propose Bill so that the draft rules become ready by the time the Bill is introduced in the House". It has also been recommended that "whenever a Bill is introduced in the House."

It has also been recommended that "whenever a Bill is introduced in Parliament and in particular those Bills which propose setting up of a Commission or