GOVERNMENT OF PAKISTAN MINISTRY OF INFORMATION AND BROADCASTING NOTIFICATION Islamabad, the 12th December, 2009 S.R.O.-1120(I)/2009.- In exercise of the powers conferred by sub-section (1) of section 39 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002), the Pakistan Electronic Media Regulatory Authority, with the approval of the Federal Government, is pleased to make the following rules, namely:1. Short title and commencement.- (1) These rules shall be called the Pakistan Electronic Media Regulatory Authority Rules, 2009. (2) They shall come into force at once. 2. Definitions.- (1) In these rules, unless there is anything repugnant in the subject or context,(a) “application form" means the application form as may be prescribed by the Authority for grant of a licence; (b) “applicable licence fee” means the licence fee prescribed by the Authority or where applicable, determined through bidding by Authority; (c) “authorized officer” means the Chairman or a member, or any member of staff, expert, consultant, adviser, other officer or employee of the Authority to whom the Authority has by general or special order delegated its powers, responsibilities or functions under the Ordinance for carrying out the purposes of the Ordinance, rules or regulations made thereunder; (d) “cable television operator” means any person who owns, controls, manages or runs any cable television system and includes local loop holder; (e) “cable TV system” means any system consisting of closed transmission paths and associated signal generation, control and distribution equipment, designed to receive and re-transmit television channels or programs for reception by multiple subscribers; (f) “code" means the code of conduct for media broadcasters and cable TV operators specified in Schedule-A; (g) “Council” means the Council of Complaints established under the Ordinance; (h) “eligible channel” means a TV channel licensed by the Authority or otherwise declared to be eligible for reception and distribution in the country; (i) “encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception by unauthorized persons; (j) “foreign broadcasting service" means a broadcasting service which is uplinked from outside Pakistan and received in Pakistan; (k) “free to air broadcasting service” means a non-encrypted broadcasting service made available to the public without any subscription fee;
“head-end” means a set of equipment for receiving and retransmitting the terrestrial and satellite TV channels for re-transmission or distribution at a specific location; (m) “in-house distribution channel” means array and distribution of pre-recorded programmes by a distribution service operator over its network; (n) “IPTV” means internet protocol television and delivery of television programmes using internet protocol technology on broadband telecom access network; (o) “loop holder” means a person who obtains signals from distribution service operator and further distributes the same to multiple subscribers without inserting any further programmes or advertisements; (p) “management control” in relation to a person means the power to exercise a controlling influence over the management or the policies of the company or undertaking and, in relation to shares, means the power to exercise a controlling influence over the voting power attached to such shares; (q) “mobile TV” means wireless distribution of TV signals to a mobile portable device using any supporting technology; (r) “Ordinance" means the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002); (s) “proprietary radio set” means a radio signal receiving apparatus, sold or provided by the owner of a radio channel, designed to exclusively receive his transmissions; (t) “Schedule" means the Schedule to these rules; (u) “service point” means a system outlet on the system which may be used for monitoring the system...