CHAPTER I
PRELIMINARY
Short title, extent and commencement
1.
(1) This Act may be called the Communication Convergence Act, 2001.(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision of this Act to the commencement of this Act shall be construed as a reference to the commencement of that provision.
Definitions.
2.
In this Act, unless the context otherwise requires,--
(1) "Adjudicating Officer " means an officer of the Commission appointed as Adjudicating Officer under sub section (I) of section 39;(2) "Appellate Tribunal" means the Communication Appellate Tribunal established under sub section (I) of section 43;
(3) "Broadcasting service" means a content application service for providing television programme or radio programme, to persons having equipment appropriate for receiving that service regardless of the means of delivery of that service, but does not include -
(a) a service (including a teletext service) that provides only data, or text (with or without associated still images); or(4)"Chairperson" means the Chairperson appointed under subsection (4) of section 7;
(b) a service that makes programmes available on demand on a point-to-point basis, including a dial-up service; or
(c) a service, or a class of services, that the Central Government may notify as not being a broadcasting service;(5)"channel" means a set of frequencies used for transmission of a programme;
(6)"Commission" means the Communications Commission of India established under, sub-section (1) of section 6 ;
(7)"communication" means the process of conveyance of content through transmission, emission or reception of signals, by wire or other electromagnetic emissions;
(8)"communication service" means a networking service or network application service or value added network application service or a content application service;
(9)"content" means any sound, text, data, picture (still or moving) other audio-visual representation, signal or intelligence of any nature or any combination thereof which is capable of being created, processed, stored, retrieved or communicated electronically".
(10)"content application service" means an application service which provides content meant for the public and includes such other services as may be prescribed;(11) "frequency" means frequency of electromagnetic waves used for providing a communication service;
(12) "grantee" means a person who has been granted registration under Chapter VII;
(13) "license" means a license granted under Chapter VII or Chapter VIII;
(14) "licensee" means a person who has been granted a license;
(15) "Member" means a Member of the Commission appointed under section 7 and includes the Chairperson;
(16) "network application service" means the service provided by means of one or more networking services and includes such other services as may be prescribed;(17) "network infrastructure facilities" means any element or combination of elements of physical infrastructure, which would be utilised by licensees for providing networking services and includes such other facilities as may be prescribed;
(18) "network service" means a service for carrying communications by means of guided or unguided electromagnetic waves and includes such other services as may be prescribed;
(19) "notification" means a notification published in the Official Gazette and the expression "notified", with its cognate meaning and grammatical variation, shall be construed accordingly;
(20)"post" means a post and includes a pole, tower, standard, stay, strut, cabinet, pillar or any above ground contrivance for carrying, suspending or supporting any network infrastructure facility;
(21)"prescribed" means prescribed by rules made by the Central Government under this Act;
(22)"programme" means - television or radio programme including advertising or sponsorship, whether or not of a commercial kind, and broadcast programming shall be construed accordingly;
(23)"programme code" means the code specified under section 20;
(24)"public authority" means and includes -(i) the Central Government;
(ii) a State Government;
(iii) any person, agency or organisation engaged in land development for public use, or in roads for public transportation.
(iv) any local authorities legally entitled to, or entrusted by the Central or any State Government with, the control or management of any municipal or local fund; and
(v) any institution, concern or undertaking or body which is financed wholly or substantially by funds provided directly or indirectly by the Government that may be specified by notification in this behalf by the Central Government.
(25)"public service broadcaster" means any body created by Act of Parliament for the purpose of public service broadcasting;
(26)"registration" means the registration granted under chapter VII;
(27)"regulations" mean regulations made by the Commission under this Act;
(28)"Secretary-general" means the Secretary-general appointed under subsection (1) of section 15.
(29)"service provider" includes any person who provides a communication service;
(30)"spectrum" means a continuous range of continuous electromagnetic wave frequencies upto and including a frequency of 3000 giga hertz;
(31)"Spectrum Manager" means Wireless Advisers to the Government of India notified as Spectrum Manager, Government of India under sub Section (3) of section 23;
(32)"subscriber of a service" means a person who subscribes to a communication service primarily for his own use;(33) "Universal Service Obligation" - means obligation as may be prescribed;.
(34) "value added network application service" means the service provided by means of value addition using one or more network application services and includes any article or apparatus as may be prescribed;
(35)"wireless equipment" means any equipment in use or capable of use in wireless communication and includes any article or apparatus as may be prescribed;
(36)"wireless communication" means any communication without the use of wire or cable.