Cable Television Service Regulations 1987

Citation

1 These Regulations may be cited as the "Cable Television Service Regulations 1987".

Interpretation

2 In these Regulations, unless the context otherwise requires—

"the Act" means the Telecommunications Act 1986 [title 24 item
10];

"cablecasting" means the conveyance of programmes to sub scribers by means of a cable television system for their in struction, information and amusement by means of visual images and sounds and cognate expressions shall be con strued accordingly;

"cable television system" or "System" means a non-broadcast fa cility consisting of a set of wire transmission paths and asso ciated signal generation, reception and control equipment, under common ownership and control, designed and in tended for cablecasting;

"channel" means a discrete circuit in a System linking the li censee with a subscriber for the purpose of passing intelli gence;

"licensee" means a person licensed to construct, establish, maintain and operate a System;

"non-origination cablecasting channel" means a channel pro vided in a System to relay to subscribers television pro grammes transmitted outside Bermuda and received by the licensee directly over the air or captured and relayed to the li censee from a point in Bermuda and programmes broadcast by a television station in Bermuda;

"origination cablecasting" means the carriage of programmes (exclusive of those passing over a non-origination cablecast ing channel) on a System over one or more channels and subject to the exclusive control of the licensee and cognate expressions shall have the same meaning;

"subscriber" means a person who receives a cablecasting service distributed by a System upon payment of a fee and does not further distribute it.

Purpose

3 These Regulations state the conditions under which Systems may be constructed, established, maintained and operated.

Prohibition

4 (1) No person shall construct, establish, maintain or operate a System in Bermuda without being in possession of a valid licence granted by the Minister to operate a public telecommunication service (hereinafter referred to as "the CTV licence").

(2) No CTV licence shall be granted to any person other than a body corporate and no such licence shall be granted or renewed unless the Minister is satisfied that the control of such body corporate is vested in persons who possess Bermudian status in accordance with the provi sions of the Bermuda Immigration and Protection Act 1956 [title 5 item 16].

5 (1) The CTV licence does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted over the System.

(2) Nothing herein shall be construed to render a licensee liable for the failure of any user of the channels mentioned in regulation 11 or of a licensee of a broadcasting station licensed in Bermuda, to secure the right to the copyright in any material transmitted over the System.

Privacy

6 (1) During the operation of the System the licensee shall strictly observe the privacy and property rights of subscribers.

(2) The licensee may disclose to the public both the number and the percentage of subscribers purchasing any cablecasting service but shall not reveal the identity of any individual subscriber except to the Minister at his request.

(3) The licensee may maintain such records as are necessary to bill subscribers for the purchase of any cablecasting service. No infor mation about an individual subscriber maintained by the licensee for purposes of billing or locating malfunctions in the System shall be pub lished, utilized, disseminated or disclosed in any manner to any person without the affected subscriber's prior knowledge and written consent. To the extent that the System has the capability to monitor individual subscriber reception and response, any information acquired through the use of such capability about an individual subscriber shall not be published, utilized, disseminated or disclosed in any manner to any per son without the affected subscriber's written consent.

(4) The licensee shall not initiate in any form the discovery of any information on or about a subscriber's premises without prior writ ten authorization from the subscriber potentially affected.

(5) Valid "authorization" means voluntary written approval and
consent obtained from a subscriber to use information mentioned in paragraph (4) for a period of time not to exceed one year from the date of such authorization, and which approval and consent shall not have been obtained as a condition of the supply of cable television service or con tinuation thereof.

(6) Without the authorization described in paragraph (5) nei ther the licensee nor any other person shall in any manner activate, uti lize or otherwise operate any channel or other electronic signal from a subscriber's location.

(7) Every subscriber shall have the absolute right to deactivate any return path from the subscriber's receiver at the licensee's sole cost. To the extent that such a return path or signal is mandatory for the pro viding of a particular service to a subscriber, deactivation of the return path shall permit that service, and none other, to be discontinued for that subscriber.

Sub-letting

7 (1) A licensee shall not lease a channel on the System without the express authorization in writing of the Minister who may impose such terms and conditions for a lease as he may deem necessary for the proper carrying out of the Act and these Regulations.

(2) Any agreement to let entered into between a licensee and a sub-lessor shall provide that—

(a) the operation of the leased channel shall not cause ob jectionable interference with any other channel of the System;

(b) in the event that such interference occurs the sub-lessor shall forthwith cease to operate the leased channel until such interference is eliminated;

Two-way communications

8 A licensee shall not use, a permit the use of, a return path on any channel in the System from a subscriber's receiver for the con veyance of any intelligence without first obtaining the grant of a licence by the Minister who may impose such terms and conditions as he may deem necessary for the proper carrying out of the provisions of the Act and of these Regulations:

Provided that such return path may be used to the extent that it or a signal conveyed by it is mandatory for the control of the reception of a particular service by such subscriber.

Other telecommunications legislation

9 A CTV license shall not exempt the licensee from compliance with the provisions of the Act or from any other relevant telecommunica tions legislation.

Installation in Government buildings

10 A licensee shall connect the System to all Government buildings including Government schools and hospitals in the area in which the System is authorized to operate under the CTV licence:

Provided that the Minister may designate in writing to the li censee any Government building to which the licensee is not obliged to connect the System.

Channels for Government use

11 (1) The Minister may require a licensee to provide, free of charge, two channels on the System for use by Government in such manner as the Minister shall by writing direct, one of which shall be ca pable of being used without a frequency converter.

(2) The System shall include an emergency alert capability which shall permit the Minister or his designated representative in time of emergency or natural disaster to override the audio signal on all chan nels simultaneously for the purpose of announcements or messages.

Local television broadcast programmes

12 (1) A licensee shall carry on the System, free of charge, all tele vision programmes broadcast by a broadcasting radio station licensed in Bermuda.

(2) No licensee of a broadcasting radio station licensed in Bermuda shall knowingly and wilfully impede or prevent the licensee from carrying the signal of such station or the channels of the System.

(3) The signal shall be carried without material degradation in quality (within the limitations imposed by the technical state of the art).

(4) The signal shall, on the request of a licensee of a broad casting radio station licensed in Bermuda, be carried by the System on the channel number on which the broadcasting radio station is trans mitting, except where technically unfeasible.

(5) Where a television broadcast signal is carried by a System pursuant to this regulation, the programmes broadcast shall be carried in full, without deletion or alteration of any portion.

Child-lock

13 At the request of any subscriber a licensee shall supply at cost a device (hereinafter called "a child-lock") enabling the subscriber to pre vent the reception on the subscriber's receiver of any signal on a partic ular channel or channels by any person not in possession of the child-lock or the code necessary to activate it. A statement of the amount of such item cost during the previous year shall be submitted not later than the 1st February in each year to the Minister.

Number of channels in System

14 The Minister shall specify in the licence—

(a) how many channels shall be included in the System, which number shall not be changed without the consent in writing of the Minister; and

(b) whether the System shall have the capacity to provide two-way return communication, from subscribers, and if so of what nature, on how many channels and from which subscribers.

Application for licence

15 An application for a licence to construct, establish, maintain and operate a System shall be made in writing to the Minister and shall con tain the following—

(a) the legal name of the applicant corporation and its reg istered address;

(b) proof to the satisfaction of the Minister that the control of the corporate body is vested in persons who possess Bermudian status in accordance with the provisions of the Bermuda Immigration and Protection Act 1956 [title 5 item 16] together with a list of shareholders, shares held by each, and nationality of each and such other information relating to the corporation as the Minister may require;

(c) proof to the satisfaction of the Minister showing conclu sively that the applicant is in a financial position to con struct, establish, maintain and operate the System for which a licence is being requested;

(d) proof to the satisfaction of the Minister that firm ar rangements have been made for the supply of enter tainment and information material for not less than ten channels and that the necessary copyright licences have been obtained;

(e) a description of the proposed System together with such technical information, plans and maps as the Minister may require;

(f) a list of the proposed charges to be paid by subscribers;

(g) any other information that the Minister may require.

Terms and conditions of licence

16 (1) The terms and conditions of a licence requested under reg ulation 15 and granted by the Minister may include the following—

(a) a provision that a construction bond in such amount as the Minister may decide be furnished;

(b) provision regarding standards for the installation of the System and for carriage of television broadcast signals that the Minister may deem appropriate;

(c) a provision that the licence shall be only for the dis semination of programmes for entertainment purposes unless otherwise authorized in writing by the Ministry;

(d) a provision that the licence shall be for an island-wide cable television service or that the System shall be con fined to such areas or locations as he may designate;

(e) a provision that the System shall be capable of serving such homes and other premises in Bermuda in such ar eas or locations as the Minister may designate within such period or periods as he may designate;

(f) a provision that the construction of the System shall be commenced and terminated in whole or in part within such period as the Minister may decide.

(2) Any initial licence fee and an annual licence fee shall be paid as prescribed.

(3) The Minister may declare that the offer of the licence shall
be valid for such period as he may decide.

Duration and renewal of licence

17 A CTV licence for a System shall continue in force for such pe riod of not less than ten years as the Minister may decide and may be renewed.

Transfer of licence

18 A CTV licence shall not be transferred without the consent in writing of the Minister.

Annual returns

19 The secretary of every body corporate licensed to operate a Sys tem shall submit annually to the Minister not later than six months after the closing of its financial year—

(a) a copy of its annual financial statement and auditor's report; and

(b) a list of shareholders specifying their nationality and the number of shares held by each and whether or not con trol is vested in persons possessing Bermudian status within the meaning of the Bermuda Immigration and Protection Act 1956 [title 5 item 16].

Transfer of licensee's shares

20 (1) In any case where shares in a body corporate operating a System are transferred (including any transfer by operation of law), the secretary of the body corporate concerned shall forthwith notify the Min ister—

(i) of the transfer, specifying the number of shares concerned in the transaction;

(ii) of the name, address and nationality of the transferor and the transferee;

(iii) whether the transferor or the transferee pos sesses Bermudian status within the meaning of the Bermuda Immigration and Protection Act 1956 [title 5 item 16];

(iv) where the transferee is a body corporate, whether or not the control of that body corporate is vested in persons possessing Bermudian sta tus as aforesaid, together with such other infor mation relating to the control thereof as the Minister may require; and

(v) of the sale price if any, of the shares transferred.

(2) For the purpose of this regulation and of regulation 21 ref erence to a transfer of shares shall include an issue of shares and, in any such event, "transferor" and "transferee" shall include respectively, the company affecting the issue and the person to receive shares so is sued.

Registration of transfer of licensee's shares

21 (1) No registration of the transfer (including any transfer by op eration of law) of any shares in any body corporate operating a System or any change in the beneficial ownership of such shares shall he effected without the previous consent of the Minister and, in according assent, the Minister may sanction the registration of part only of the shares comprised in any transaction for the transfer of such shares.

(2) Any registration of shares effected in contravention of this regulation shall be null and void and shall confer no voting rights or other benefits on the transferee in respect of the shares so registered.

Revocation of licence

22 In any case concerning a System where the Minister is satisfied that—

(a) there may be grounds for revoking the CTV licence; or

(b) the control of a body corporate granted a CTV licence is vested in persons who do not possess Bermudian status within the meaning of the Bermuda Immigration and Protection Act 1956 [title 5 item 16]; or

(c) a body corporate granted a CTV licence has failed to comply with any term, condition or limitation imposed upon it by the licence,

he may request the Telecommunications Commission to enquire into the facts in accordance with its procedure and to report thereon to him and if after consideration of the report the Minister is satisfied that the li cences should be revoked, he may revoke the licence.

System engineer

23 (1) The licensee shall appoint a System engineer to be respon sible for the maintenance and technical operation of the System who shall be either—

(a) a person whose technical qualifications and experience satisfy the Minister that he is capable of satisfactorily discharging such duties; or

(b) a contractor with like technical qualifications and expe rience.

(2) In the case that the System engineer referred to in para graph (1)(a) is unavailable or unable to discharge his duties the licensee shall designate a person similarly qualified to act in the engineer's place on a temporary basis until he is available or able to discharge his duties. A contractor shall ensure that a properly qualified employee is readily available at all times during which the System is operating.

(3) The designation of the engineer or his temporary replace ment or of the employee of the contractor who is to be available shall be in writing with a copy to the Telecommunications Inspector and a copy posted in a conspicuous place at the principal control point of the Sys tem indicating an address and telephone number where the System en gineer or his replacement or the contractor's employee, as the case may be, can be contacted.

(4) The System engineer or the contractor is responsible for completion of inter alia the following duties and when the duties are del egated to other persons, for maintaining supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner—

(a) the placement, attachment, disconnection, relocation, removal and maintenance of all lines, posts, pipes, con duits, supports and other apparatus of outside plant;

(b) any installations within subscribers' premises or Gov ernment buildings that are the responsibility of the li censee;

(c) the maintenance of the technical standards, the comple tion of the performance tests and the making of mea surements required by these Regulations;

(d) ensuring that test data is recorded and that the relevant logs are maintained as required by these Regulations;

(e) ensuring that the necessary notifications are made to the Minister pursuant to regulation 42;

(f) ensuring that the System does not cause harmful inter ference.

Power of licensee to execute and maintain works in streets

24 A licensee on receiving the permission in writing of the Minister responsible for Works and Engineering or of the Corporation of the City of Hamilton or of the town of St. George, as the case may be, may enter upon any public place or in road now existing or which may hereafter exist or be made in Bermuda, and may place thereunder or erect thereon in such places and positions and in such manner as the Minister re sponsible for Works and Engineering, or the Corporation of the City of Hamilton or the town of St. George, as the case may be, shall sanction, any line or lines or apparatus for the transmission of signals together with the necessary posts, pipes, conduits and supports, and with the like permission may at all times alter the position or arrangement of such posts, pipes, conduits or supports and other apparatus, and alter, di minish or add to the wires or other apparatus of the System.

Making good damages

25 A licensee shall, at its own cost and expense, restore and replace any property disturbed, damaged or in any way injured by or on account of its activities in a manner approved by the Minister responsible for Works and Engineering, the Corporation of the City of Hamilton or of the town of St. George or the owner, as the case may be, to its condition im mediately prior to the disturbance or shall pay the Minister, the Corpo ration of the City of Hamilton or of the town of St. George or the owner, as the case may be, the amount of damage sustained plus costs and rea sonable attorney's fees. in the event that the licensee falls to perform the restoration or replacement the Minister responsible for Works and Engi neering, the Corporation of the City of Hamilton or of the town of St. George or the owner, as the case may be, shall have the right to do so at the sole cost of the licensee.

Disconnection and relocation

26 A licensee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from said street or other public place, any of its property when required to do so by the Minister responsible for Works and
Engineering, the Corporation of the City of Hamilton or of the town of St. George, as the case may be, because of street or other public excavation, construc tion, repair, regrading; traffic conditions; installation of sewers, drains, water pipes, power or telecommunication lines, tracks; vacation or relo cation of streets or any other type of structure or improvement of a pub lic agency, or any other type of improvement necessary for the public health, safety or welfare.

Maintenance

27 The licensee shall maintain all wires, conduits, cables, and other real and personal property and facilities comprising the System in good condition, order and repair to the satisfaction of the Telecommunications Inspector.

Placement of equipment

28 The licensee shall not place, or cause to be placed, poles or other equipment in such a manner as to interfere with the safety, rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone utilities' fixtures or property. In the event that the System creates a hazardous or unsafe condition or an unreasonable in terference with property, the licensee, at its own expense and at no addi tional cost to an affected property owner or the Minister responsible for Works and Engineering or the Corporation of the City of Hamilton or of the town of St. George, as the case may be, and upon request by the said Minister or of the said Corporation, or town, or of the owner, as the case may be, shall remove the System or any part thereof from the property in question. In the event that the licensee fails to remove the System or any part thereof the Minister responsible for Works and Engineering, the Corporation of the City of Hamilton or of the town of St. George or the owner, as the case may be, shall have the right to do so and recover the cost from the licensee in a court of law.

Maps and records

29 A licensee shall keep accurate, complete and current maps and records of the System and shall furnish annually a complete set of such maps, records and their updates to the Minister.

Construction compliance reporting

30 During the construction and installation of a System or any, part thereof a licensee shall furnish the Minister with monthly progress re ports in a form approved by the Minister detailing construction progress, indicating whether it is complying with the construction schedule and specifying the reasons for any delay thereto.

Emergency removal of plant

31 If, at any time, in case of fire, disaster, or emergency in Bermuda it shall become necessary in the judgment of the Minister or of the Gov ernment board concerned or of the police or fire service department to cut or move any of the wires, cables, amplifiers, appliances or appurte nances thereto of the licensee, the Minister responsible for Works and Engineering, the Corporation of the City of Hamilton or of the town of St. George, or the Government board concerned or the police or fire service department, as the case may be, shall not be liable for such cutting or moving.

Provision of cable television service

32 Cablecasting service, as provided by a licensee through the Sys tem, shall be made available to all individual dwellings, residences, in cluding apartments, condominiums, institutions, organizations, busi nesses and all other entities including any other System, within the area in which it is authorized by its licence to install and operate a System.

Service to multi-unit building and condominiums

33 (1) Installation of a System, and subscriber use of cablecasting service which involves the retransmission of signals to multiple reception points within a multi-unit structure shall be subject to the rights of the owner of the structure.

(2) Service to condominium units shall be on such conditions as the owner of the common elements may require.

(3) A licensee shall not be responsible or liable for any failure to provide cablecasting service to a lessee or condominium owner whose lessor or corporation refuses the installation of the cables necessary for such service.

Time of installation

34 (1) Residential installations, including multiple drops, shall be first offered at the time a feeder line passes a dwelling unit.

(2) All installations other than residential shall be initially con fined to a single drop at a port requested by subscribers and shall first be, offered at the time when a feeder line passes a subscriber's structure.

Attachment and removal of equipment

35 (1) All a licensee's cablecasting equipment shall be removed from a subscriber's property within a reasonable time, not exceeding one month from the time of the subscriber's request for such removal.

(2) Where such removal makes it impossible to provide cable casting service to another subscriber, it shall be the obligation of the subscriber so affected to secure the legal rights or easement that will en able a licensee to provide to the subscriber the cablecasting service that the subscriber desires. A licensee shall not be liable to provide such ser vice where such legal agreement is not secured.

(3) Where attachment to or use of another's property is neces sary for the provision of cablecasting service to a person, it shall be the obligation of such person to secure an easement or other legal right that will allow a licensee to provide the cablecasting service desired. A li censee shall not be responsible for its inability to provide such service where the easement or other legal right is not secured.

Construction and installation standards

36 A System shall be constructed and installed by qualified persons in accordance with the best engineering standards prevailing in Bermuda and to the satisfaction of the Minister.

Standby power

37 The licensee shall maintain in constant readiness equipment ca ble of providing a standby power supply for headend, distribution and trunk amplifiers for a minimum number of hours as determined by the Minister and in any event for at least one hour. Such equipment shall be constructed so as to revert automatically to a standby mode when pri mary power returns.

Test equipment

38 The licensee shall ensure that a sufficient stock of measuring and test equipment of the appropriate kind is kept available in good or der and working condition at the control point of the System so that the technical standards and performance of the System can be tested and measured and maintained as required by these Regulations.

Performance tests

39 (1) The licensee of each System shall be responsible for ensur ing that it is designed, installed, and operated in a manner that fully complies with the provisions of these Regulations. A licensee shall be prepared to demonstrate, on request by the Telecommunications In spector or by any officer appointed in that behalf by the Minister that the System does, in fact, comply with the Regulations.

(2) The licensee of each System shall maintain at its principal office a current listing of the cable television channels which that System delivers to its subscribers and the station or stations the signals of which are delivered on each non-origination cablecasting channel.

(3) The licensee of each System shall conduct complete perfor mance tests of the System at least once each calendar year (at intervals not to exceed 14 months) and shall maintain the resulting test data on file at the licensee's principal office for at least five years.

(4) The data shall be made available for inspection by the Telecommunications Inspector or by a person appointed in that behalf by the Minister at any reasonable time on request.

(5) The performance tests shall be directed at determining the extent to which the System complies with all the technical standards set forth in regulation 40. The tests shall be made on each non-origination cablecasting channel specified pursuant to paragraph (2), and shall in clude measurements made at no less than three widely separated points within each mechanically continuous set of cables within the System. Within each mechanically continuous set of cables, at least one mea surement point shall be representative of terminals most distant from the System input in terms of cable distance. The measurements may be taken at convenient monitoring points in the cable network:

Provided that data shall be included to relate the measured per formance to the System performance as it would be viewed from a nearby subscriber terminal.

A description of instruments and procedures and a statement of the qualifications of the person performing the tests shall be included with the test data.

(6) Successful completion of the performance tests required by paragraph (3) does not relieve the licensee of the obligation to comply with all pertinent technical standards at all subscriber terminals. Addi tional tests, repeat tests, or tests involving specified subscriber terminals may be required by the Minister in order to secure compliance with the technical standards.

(7) Paragraphs (2) and (3) shall not apply to any System having fewer than 1000 subscribers:

Provided that the licensee of any System using any portion of the frequency spectrum other than that allocated to television and FM broadcasting is required to conduct all tests, measurements, and moni-

referenced to the average of the highest and lowest amplitudes within these frequency boundaries;

(i) the ratio of visual signal level to system noise, and of vi sual signal level to any undesired co-channel television signal operating on proper offset assignment, shall not be less than 36 decibels. This requirement is applicable to—

(i) each signal which is delivered by a System to subscribers; or

(ii) each signal which is first received by the System by direct video feed from a television broadcast station;

(j) the ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodulation products or discrete frequency interfering signals not operating on proper offset assignments shall not be less than 46 decibels;

(k) the terminal isolation provided each subscriber shall be not less than 18 decibels, but in any event, shall be suf ficient to prevent reflections caused by open circuited or short circuited subscriber terminals from producing visible picture impairments at any other subscriber ter minal;

(l) as an exception to the general provision requiring mea surements to be made at subscriber terminals, and without regard to the class of a cablecasting channel in volved, radiation from a System shall be measured in ac cordance with procedures outlined in regulation 41(8), and shall be limited as follows—

Frequencies	Radiation limit (micro volts/meter)			Distance (feet)
Up to and including 54 MHz		15	100
Over 54 up to and including 216 MHz		20	10
Over 216 MHz		15	100

(2) Systems distributing signals by using multiple cable tech niques or specialized receiving devices and which, because of their basic design, cannot comply with one or more of the technical standards set forth in paragraph (1) may be permitted to operate provided that an ade quate showing is made which establishes that the public interest is ben efitted. In such instances the Minister may prescribe special technical requirements to ensure that subscribers to such cable television system are provided with a good quality of service.

Measurements

41 (1) Measurements made to demonstrate conformity with the performance requirements set forth in regulations 39 and 40 shall be made under conditions which reflect system performance during normal operations, including the effect of any microwave relay operated in the Cable Television Relay Service intervening between pickup antenna and the cable distribution network. Amplifiers shall be operated at normal gains, either by the insertion of appropriate signals or by manual ad justment. Special signs inserted in a cablecasting channel for measure ment purposes should be operated at levels approximating those used for normal operation. Pilot tones, auxiliary or substitute signals, and non-television signals normally carried on the cable television system should be operated at normal levels to the extent possible. Some exemplary, but not mandatory, measurement procedures are set forth in this regulation.

(2) When it may be necessary to remove the television signal normally carried on a cablecasting channel in order to facilitate a per formance measurement, it will be permissible to disconnect the antenna which serves the channel under measurement and to substitute therefor a matching resistance termination. Other antennas and inputs should remain connected and normal signal levels should be maintained on other channels.

(3) The Minister may require such additional tests as may be necessary to ensure satisfactory service to a subscriber to demonstrate system performance or may specify the use of different test procedures.

(4) The frequency response of a cablecasting channel may be determined by one of the following methods as appropriate—

(a) by using a swept frequency or a manually variable signal generator at the sending end and a calibrated attenuator and frequency-selective voltmeter at the subscriber ter minal; or

(b) by using a multiburst generator and modulator at the sending end a demodulator and oscilloscope display at the subscriber terminal.

(5) System noise may be measured using a frequency selective voltmeter (field strength meter) which has been suitably calibrated to in dicate rms noise or average power level and which has a known band width. With the System operating at normal level and with a properly matched resistive termination substituted for the antenna, noise power indications at the subscriber terminal are taken in successive incre ments of frequency equal to the bandwidth of the frequency selective equal to the bandwidth of the frequency selective voltmeter, summing the power indications to obtain the total noise power present over a 4 MHz band centered within the cable television channel. If it is established that the noise level is constant within this bandwidth, a single measurement may be taken which is corrected by an appropriate factor representing the ratio of 4 MHz to the noise bandwidth of the frequency selective voltmeter. If an amplifier is inserted between the frequency selective voltmeter and the subscriber terminal in order to facilitate this mea surement, it should have a bandwidth of at least 4 MHz and appropriate corrections must be made to account for its gain and noise figure. Alter natively, measurements made in accordance with the US National Cable Television Association (NCTA) standard on noise measurement may be employed.

(6) The amplitude of discrete frequency interfering signals within a cablecasting channel may be determined with either a spectrum analyzer or with a frequency selective voltmeter (field strength meter), which instruments have been calibrated for adequate accuracy. If cali bration accuracy is in doubt, measurements may be referenced to a cali brated signal generator, or a calibrated variable attenuator, substituted at the point of measurement. If an amplifier is used between the sub scriber terminal and the measuring instrument, appropriate corrections must be made to account for its gain.

(7) Annual measurements of terminal isolation are not required when either—

(i) the manufacturer's specifications for coupler di rectivity, or

(ii) laboratory measurements on a representative sample of the couplers, plus an allowance for the attenuation of drop cables,

indicate that the requirements of regulation 40 (1) (k) are met.

(8) Measurements to determine the field strength of radio fre quency energy radiated by cablecasting systems shall be made in accor dance with standard engineering procedures. Measurements made on frequencies above 25 MHz shall include the following—

(a) a field strength meter of adequate accuracy using a hori zontal dipole antenna shall be employed;

(b) field strength shall be expressed in terms of the rms value of synchronizing peak for each cablecasting chan nel for which radiation can be measured;

(c) the dipole antenna shall be placed 10 feet above the ground and positioned directly below the system compo nents. Where such placement results in a separation of less than 10 feet between the centre of the dipole an tenna and the system components, the dipole shall be repositioned to provide a separation of 10 feet;

(d) the horizontal dipole antenna shall be rotated about a vertical axis and the maximum meter reading shall be used;

(e) measurements shall be made where other conductors are 10 or more feet away from the measuring antenna,

(9) Annual measurements of frequency stability of set top con verters, when such converters are supplied by the licensee, are not re quired when either of the following indicates that the requirements of regulation 40 (1) (b) are met—

(i) manufacturer's specifications based on a repre sentative sample of the converters; or

(ii) laboratory tests performed by or for the System operator on a representative sample of the con verters' tests.

Operation in the frequency bands 108-136 and 235-400 MHz

42 All Systems' transmitting carriers or other signal components capable of delivering peak power equal to or greater than .0001 watts at any point in the cable system in the frequency bands 108-136 and 225-400 MHz for any purpose are subject to the following requirements—

(a) the licensee shall notify the Minister annually of all sig nals carried in these bands, noting the type of informa tion carried by the signal (television, aural, or pilot car rier and system control, etc.);

(b) the licensee shall notify the Minister of proposed use of any new frequency or frequencies in these bands. Notifi cation shall include carrier and subcarrier frequencies, types of modulation, and maximum peak power occur ring at any location in the cable distribution system. No System shall commence use of any frequency or fre quencies in these bands without the prior authorization of the Minister;

(c) the licensee shall maintain at its office a current listing of all signals carried in these bands, noting carrier and subcarrier frequencies, types of modulation, and maxi mum peak power which occurs at any location within the cable distribution system;

(d) the licensee shall provide for regular monitoring of the cable system for signal leakage covering all portions of the cable system at least once each calendar year. Mon itoring equipment and procedures shall be adequate to detect leakage source which produces field strengths in these bands of 20 microvolts per meter at a distance of 3 metres. The licensee shall maintain a log showing the date and location of each leakage source identified, the date on which the leakage was eliminated, and the prob able cause of the leakage. The log shall be kept on file for a period of two years;

(e) all carrier signals or signal components capable of deliv ering peak power equal to or greater than .0001 watts must be operated at frequencies offset from aeronautical radio services;

(f) if a licensee is notified by the Minister that a change in operation of an aeronautical radio service will place the System in conflict with any of the offset criteria, it shall eliminate such conflict within 30 days of notification;

(g) a minimum frequency offset between the nominal carrier frequency of an aeronautical radio service and the nomi nal frequency of any System carrier or signal component capable of delivering peak power equal to or greater than .0001 watts shall be maintained or exceeded at all times. The minimum frequency offsets are as follows—

Frequencies		Minimum fre quency offsets
108-118 MHz )	)
328.6-335.4 MHz )	)	( 50 + T) kHz

)

118-136 MHz )	)
225-328.6 MHz )	)	(100 + T) kHz
335.4-400 MHz )	)

In this table, "T" is the absolute value of the frequency tolerance of the cable television signal. The actual frequency tolerance will depend on the equipment and operating procedures of the System, but in no case shall the frequency tolerance "T" exceed 25 kHz in the bands 108-136 and 225-400 MHz.

Operation near certain aeronautical and marine frequencies

43 The transmission of carriers or other signal components capable of delivering peak power equal to or greater than .0001 watts at any point in a System is prohibited within 100 kHz of the frequency 121.5 MHz, and is prohibited within 50 kHz of the two frequencies 156.8 MHz and 243.0 MHz.

Interference from a system

44 (1) The operator of a System that causes harmful interference shall promptly take appropriate measures to eliminate the harmful in terference.

(2) If harmful interference to radio communications involving the safety of life and protection of property cannot be promptly elimi nated by the application of suitable techniques, operation of the offend ing System or appropriate elements thereof shall immediately be sus pended upon notification by the Telecommunications Inspector, and shall not be resumed until the interference has been eliminated to his
satisfaction. When authorized by the Telecommunications Inspector, short test operations may be made during the period of suspended oper ation to check the efficacy of remedial measures.

(3) The licensee may be required by the Telecommunications Inspector to prepare and submit a report regarding the cause(s) of the interference, corrective measures planned or taken. and the efficacy of the remedial measures.

Responsibility for receiver-generated interference

45 Interference generated by a sound or television radio receiver shall be the responsibility of the operator of the receiver:

Provided, however, that the licensee of a System to which the re ceiver is connected shall be responsible for the suppression of receiver-generated interference that is distributed by the System when the inter fering signals are introduced into the System at the receiver.

Advertising

46 The licensee shall not insert any advertising matter into pro grammes transmitted over a non-origination cablecasting channel with out the consent in writing of the Minister.

Sponsorship identification

47 (1) When a licensee engaged in origination cablecasting pre sents any matter for which money, service, or other valuable considera tion is either directly or indirectly paid or promised to, or charged or ac cepted by the licensee, the licensee. at the time of the cablecast, shall announce—

(i) that such matter is sponsored, paid for, or fur nished, either in whole or in part; and

(ii) by whom or on whose behalf such consideration was supplied:

Provided, however, that "service or other valuable consideration" shall not include any service or property furnished either without or at a nominal charge for use on, or in connection with, an origination cable cast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identifi cation reasonably related to the use of such service or property on the cablecast.

For the purposes of this regulation, the term "sponsored" shall have the same meaning as "paid for".

(2) Each licensee engaged in origination cablecasting shall ex ercise reasonable diligence to obtain information to enable such licensee to make the announcement required by this regulation.

(3) In the case of any political origination cablecast matter or any origination cablecast matter involving the discussion of public con troversial issues for which any film, record, transcription, talent, script, or other material or service of any kind is furnished, either directly or in directly, to a licensee as an inducement for cablecasting such matter, an announcement shall be made both at the beginning and conclusion of such cablecast on which such material or service is used that such film, record, transcription, talent, script, or other material or service has been furnished to such System in connection with the transmission of such cablecast matter:

Provided, however, that in the case of any cablecast of 5 minutes' duration or less, only one such announcement need be made either at the beginning or conclusion of the cablecast.

(4) The announcement required by this regulation shall, in ad dition to stating the fact that the origination cablecasting matter was sponsored, paid for or furnished, fully and fairly disclose the true iden tity of the person or persons, or corporation, committee. association or other unincorporated group, or other entity by whom or on whose behalf such payment is made or promised, or from whom or on whose behalf such services or other valuable consideration is received, or by whom the material or services referred to in paragraph (3) are furnished. Where an agent or other person or entity contracts or otherwise makes arrange ments with a licensee on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (2), could be known to the licensee, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting in stead of the name of such agent. Where the origination cablecasting ma terial is political matter or matter involving the discussion of a controver sial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the matter, the licensee shall, in addition to making the announcement required by this regulation require that a list of the chief executive offi cers or members of the executive committee of or the board of directors of the corporation, committee, association or other unincorporated group, or other entity shall be made available for public inspection at the office of the System. Such lists shall be kept and made available for a pe riod of two years.

(5) In the case of origination cablecast matter advertising com mercial products or services, an announcement stating the sponsor's corporate or trade name, or the name of the sponsor's product, when it
is clear that the mention of the name of the product constitutes a sponsor ship identification, shall be deemed sufficient for the purposes of this regulation and only one such announcement need be made at any time during the course of the cablecast.

(6) The announcement otherwise required by this regulation is waived with respect to the origination cablecast of "want ad" or classified advertisements sponsored by an individual. The waiver granted in this paragraph shall not extend to a classified advertisement or "want ad" sponsorship by any form of business enterprise, corporate or otherwise. Whenever sponsorship announcements are omitted pursuant to this paragraph, the licensee shall observe the following conditions—

(a) maintain a list showing the name, address, and (where available) the telephone number of each advertiser; and

(b) make the list available to members of the public who have a legitimate interest in obtaining the information contained in the list.

(7) The announcements required by this regulation are waived with respect to feature motion picture films produced initially and pri marily for theatre exhibition.

Records of subscribers and programmes

48 (1) A licensee shall keep a record of all subscribers served each month. Such records shall be retained for three years.

(2) A licensee shall keep a record of all programme material transmitted to subscribers over the System, (except for the programmes of broadcasting stations licensed in Bermuda and material transmitted over the Government channels), and copies of any agreements relating thereto, including copyright licences. The data in such record shall be retained for five years.

Inspection

49 A licensee shall at all reasonable times enable the Telecommuni cations Inspector or any person appointed by the Minister in that behalf to have free access to inspect all parts of the work related to the con struction and operation of the System or any part thereof, or, to inspect, and if necessary take copies of any records relating thereto that the Li censee is required to maintain under these Regulations but such inspec tion will in no way lessen the responsibility of the licensee or release it from its obligation to construct and maintain the System. A licensee shall permit the removal of records for a reasonable time for the purpose of making copies thereof.

Publicly listed telephone number

50 A licensee shall have a publicly listed telephone number.

Subscriber complaints

51 (1) A licensee shall employ an operator or maintain a telephone answering device between the hours of 8 a.m. and 8 p.m. each day of the year, to receive subscriber complaints.

(2) A log shall be maintained by a licensee listing each and ev ery subscriber complaint or request for repair received and the disposi tion thereof.

Maintenance and repair service

52 A licensee shall maintain a maintenance and repair service nor mally capable of responding to subscriber complaints or requests for re pairs within twenty-four hours after the receipt of the complaint or re quest.

Prohibition against certain conditions of service

53 A licensee shall not make the provision of cablecasting service or the continuation thereof, contingent upon a person's purchase of or fail ure to purchase services or equipment from another person who engages in the business or activity of selling, leasing, repairing, dismantling or installing television or radio receivers or Systems, or accessories for such receivers, television cameras, audio or video tape machines, video tapes, microphones, converters, modulators, or other equipment utilized by users or subscribers in the operation of any System.

Pro rata credit for interrupted service

54 In the event that service to subscribers is totally interrupted for more than twenty-four hours, a licensee shall provide the subscribers so affected with a pro rata credit or rebate of the subscriber's fees paid or payable.

Disconnections

55 A licensee shall neither impose nor collect any additional charge for the disconnection of any installation or outlet.

Refunds

56 (1) If a licensee collects a deposit or advance charge on any service or equipment requested by a subscriber, the licensee shall pro-
vide such service or equipment within thirty days of the collection of the deposit or charge or it shall refund such deposit or charge within five days thereafter.

(2) Nothing in this regulation shall be construed to—

(a) relieve the licensee of any responsibility to subscribers under any contractual agreements into which it enters with them; or

(b) limit the licensee's liability for fines, penalties or dam ages arising under any provision of law for the violation or breach of any of their provisions; or

(c) limit the licensee's liability for damages because of its failure to provide the service for which the deposit or charge was made.

Security deposits

57 (1) A licensee shall not charge a security deposit for any equipment installed by it or on its behalf on a subscriber's premises greater than the actual cost to the licensee of such equipment. A state ment of the amount of the item cost in respect of each type of equipment during the previous year shall be submitted each year to the Minister not later than the first of February.

(2) Any security deposit for equipment collected by a licensee shall be returned to the subscriber twenty-four months after the instal lation of such equipment, or upon termination of service by the sub scriber and return of such equipment undamaged, with allowance for reasonable wear and tear, and payment of any outstanding balance due and payable, whichever occurs first.

Offences against regulation 6

58 Any person who contravenes the provisions of paragraphs (2), (3), (4), or (6) of regulation 6, or any of them, commits an offence:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,000 or both such imprisonment and fine.

Offences against regulation 7

59 Any person who sub-lets a channel on a System without the ex press authorization in writing of the Minister commits an offence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $2,000 or both such imprisonment and fine.

Offences against regulation 8

60 Any person, who without a licence granted by the Minister, uses, or permits the use of, a return path on any channel on the System from a subscriber's receiver to convey any intelligence, except for the purpose of controlling the reception of a particular service by such subscriber, commits an offence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $2,000 or both such imprisonment and fine.

Offences against regulation 12(2)

61 Any licensee of a broadcasting station in Bermuda which know ingly and wilfully impedes or prevents a licensee of a System from transmitting over such System the television programmes of such broad casting station commits an offence:

Punishment on summary conviction; a fine of $2,000.

Other offences

62 Any person who—

(a) fails to keep accurate, complete and current maps and records of the System and to furnish copies of them an nually to the Minister contrary to regulation 29;

(b) during the construction and installation of a System or any part thereof fails to furnish the Minister with monthly progress reports contrary to regulation 30;

(c) fails to keep available and in good order a sufficient stock of measuring and test equipment of a kind appro priate for the testing, measurement and maintenance of the System, contrary to regulation 38;

(d) fails to maintain at its office current listings as required by regulation 39(2);

(e) fails to conduct performance tests and maintain the data on file as required by regulation 39(3);

(f) fails to make additional tests when required by the Min ister pursuant to regulation 39(6);

(g) fails to notify the Minister of signals as required by reg ulation 42(a);

(h) uses frequencies in the bands 108-136 MHz and 225-
400 MHz without the prior consent of the Minister as re quired by regulation 42(b);

(i) fails to maintain at the licensee's office a current listing of all signals carried in the bands 108-136 MHz and 225-400 MHz as required by regulation 42(c);

(j) falls to monitor the cable systems on a regular basis as provided for in regulation 42(d);

(k) fails to maintain and preserve as the log required by regulation 42(d);

(l) falls to comply with the provisions of regulation 42(f);

(m) fails to comply with the provisions of regulation 43;

(n) fails to suspend operation of the System or any part of it upon notification by the Telecommunications Inspector under regulation 44(2);

(o) fails to submit a report at the request of the Telecom munications Inspector made pursuant to regulation 44(3);

(p) fails to maintain and keep a record of all subscribers served each month, contrary to regulation 48(1);

(q) fails to maintain and keep a record of programme mate rial transmitted, contrary to regulation 48(2);

(r) fails to comply with regulation 49;

(s) fails to maintain a log of complaints and requests in ac cordance with regulation 51;

(t) falls to comply with regulation 52,

commits an offence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $1,000.

Offences against regulation 46

63 Any person who inserts any advertising matter into a programme transmitted over a non-origination cablecasting channel without the con sent in writing of the Minister commits an offence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $2,000 or both such imprisonment and fine.

Offences against regulation 47

64 Any person who fails to comply with any of regulation 47 com mits an offence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $2,000 or both such imprisonment and fine.

Offences against regulation 53

65 Any person who contrary to regulation 53 makes, or attempts to make, the provision of cablecasting service to any other person contin gent upon any of the conditions stated in that regulation commits an of fence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $2,000 or both such imprisonment and fine.

Offences concerning provision of child-locks or equipment

66 Any licensee who supplies to a subscriber a child-lock or installs equipment on a subscriber's premises and wilfully charges therefor a se curity deposit in excess of the cost-price of such childlock or equipment, communicated to the Minister under regulation 13 or regulation 57, as the case may be, commits an offence:

Punishment on summary conviction; a fine of $500.

Revocation

67 [omitted]

Commencement

68 [omitted]

SCHEDULE (regulation 40(1)(a))

Channel No.

Frequency Band (MHz)

2 54-60

3 60-66

4 66-72

5 76-82

6 82-88

7 174-180

8 180-186

9 186-192

10 192-198

11 198-204

12 204-210

13 210-216

14 470-476

15 476-482

16 482-488

17 488-494

18 494-500

19 500-506

20 506-512

21 512-518

22 518-524

23 524-530

24 530-536

25 536-542

26 542-548

27 548-554

28 554-560

29 560-566

30 566-572

31 572-578

32 578-584

33 584-590

34 590-596

35 596-602

36 602-608

37 608-614

38 614-620

39 620-626

40 626-632

41 632-638

42 638-644

43 644-650

44 650-656

45 656-662

46 662-668

47 668-674

48 674-680

49 680-686

50 686-692

51 692-698

52 698-704

53 704-710

54 710-716

55 716-722

56 722-728

57 728-734

58 734-740

59 740-746

60 746-752

61 752-758

62 758-764

63 764-770

64 770-776

65 776-782

66 782-788

67 788-794

68 794-800

69 800-806

Bermuda Consolidated Legislation

Cable Television Service Regulations 1987