(1) Every application for registration as a cable television network in India shall be made in writing in Form 1 and shall be renewable after every twelve months.
(2) The application shall be addressed to the Registering Authority and delivered to his office in Form 1.
1[(3) (a) Every application for registration or renewal of registration shall be accompanied by—
(i) a fee of rupees five hundred only; and
(ii) the requisite documents mentioned in Form 1 and Form 2.
(b) Every application for issue of duplicate certificate of registration shall be accompanied by—
(i) a fee of rupees two hundred and fifty only; and
(ii) the requisite documents mentioned in Form 1.
(4) The amount of fee shall be deposited in the Head Post Office where the application for registration or renewal of registration or issue of duplicate certificate of registration is being made.
(5) The amount of the fees shall be deposited under the Head ‘Un-Classified Receipts (U.C.R.)’.]
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1. Subs. by G.S.R. 459(E), dated 8th October, 1996 (w.e.f. 8-10-1996).
On receipt of an application under rule 3 the registering authority shall examine the application having regard to the provisions of section 4 of the Ordinance*.
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* Now the Cable Television Networks (Regulation) Act, 1995 (7 of 1995).
1[(1)] On being satisfied that the applicant fulfils the provisions of the Act, the registering authority shall issue a registration certificate in Form 3:
Provided that where the registering authority is satisfied that the registration cannot be granted to the applicant, he shall inform the applicant in Form 4.
2[(2) On receipt of an application under clause (b), sub-rule (3) of rule 3 for issue of duplicate certificate the Registering Authority shall examine the application having regard to the provisions of rule 3 and shall issue a duplicate Registration Certificate in Form 3A.]
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1. Rule 2 renumbered as sub-rule (1) thereof by G.S.R. 459(E), dated 8th October, 1996 (w.e.f. 8-10-1996).
2. Ins. by G.S.R. 459(E), dated 8th October, 1996 (w.e.f. 8-10-1996).
(1) No programme should be carried in the cable service which—
(a) offends against good taste or decency;
(b) contains criticism of friendly countries;
(c) contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes;
(d) contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths;
(e) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti-national attitudes;
(f) contains anything amounting to contempt of court;
(g) contains aspersions against the integrity of the President and Judiciary;
(h) contains anything affecting the integrity of the Nation;
(i) criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country;
(j) encourages superstition or blind belief;
(k) denigrates women through the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals;
(l) denigrates children;
(m) contains visual or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups;
(n) contravenes the provisions of the Cinematograph Act, 1952 (37 of 1952);
1[(o) is not suitable for unrestricted public exhibition]:
2[Provided that no film or film song or film promo or film trailer or music video or music albums or their promos, whether produced in India or abroad, shall be carried through cable service unless it has been certified by the Central Board of Film Certification (CBFC) as suitable for unrestricted public exhibition in India.]
1[Explanation.—For the purpose of this clause, the expression “unrestricted public exhibition” shall have the same meaning as assigned to it in the Cinematograph Act, 1952 (37 of 1952).]
(2) The cable operator should strive to carry programmes in his cable service which project women in a positive, leadership role of sobriety, moral and character building qualities.
3[(3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the 4[Copyright Act, 1957 (14 of 1957)] unless he has been granted a licence by owners of copyright under that Act in respect of such programme.]
(4) Care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence.
(5) Programmes unsuitable for children must not be carried in the cable service at times when the largest numbers of children are viewing.
5[(6) No cable operator shall carry or include in his cable service any television broadcast or channel, which has not been registered by the Central Government for being viewed within the territory of India:
6[Provided that a cable operator may continue to carry or include in his cable service any Television broadcast or channel, whose application for registration to the Central Government was made on or before 11th May, 2006 and is under consideration, for a period of three months from the date of this notification, or till such registration has been granted or refused, whichever is earlier:]
Provided further that channels uplinking from India, in accordance with permission for uplinking granted before 2nd December, 2005, shall be treated as “registered” television channels and can be carried or included in the cable service.]
7[***]
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1. Ins. by G.S.R. 710(E), dated 8th September, 2000 (w.e.f. 8-9-2000).
2. Ins. by G.S.R. 459(E), dated 2nd August, 2006 (w.e.f. 3-8-2006).
3. Subs. by G.S.R. 710(E), dated 8th September, 2000 (w.e.f. 8-9-2000).
4. Subs. by G.S.R. 26(E), dated 18th January, 2001.
5. Ins. by G.S.R. 282(E), dated 11th May, 2006 (w.e.f. 11-5-2006).
6. Subs. by G.S.R. 697(E), dated 11th November, 2006, for the first proviso (w.e.f. 11-11-2006). The first proviso, before substitution, stood as under:
“Provided that a cable operator may continue to carry or include in his cable service any Television broadcast or channel, who has made an application for registration to the Central Government on or before the date of commencement of this notification, for a period of six months from the date of such commencement or till such registration has been granted or refused, whichever is earlier:”.
7. Rescinded by G.S.R. 719(E), dated 13th September, 2000. Earlier rule 6A was inserted by G.S.R. 597(E), dated 20th August, 1999 (w.e.f. 20-8-1999).
(1) Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.
(2) No advertisement shall be permitted which—
(i) derides any race, caste, colour, creed and nationality;
(ii) is against any provision of the Constitution of India;
(iii) tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way;
(iv) presents criminality as desirable;
(v) exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary;
(vi) in its depiction of women violates the Constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service is tasteful and aesthetic, and is within the well established norms of good taste and decency;
(vii) exploits social evils like dowry, child marriage;
1[(viii) promotes directly or indirectly production, sale or consumption of—
(a) cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants:
2[Provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants, may be advertised on cable service subject to the following conditions that—
(i) the story board or visual of the advertisement must depict only the product being advertised and not the prohibited products in any form or manner;
(ii) the advertisement must not make any direct or indirect reference to the prohibited products;
(iii) the advertisement must not contain any nuances or phrases promoting prohibited products;
(iv) the advertisement must not use particular colours and layout or presentations associated with prohibited products;
(v) the advertisement must not use situations typical for promotion of prohibited products when advertising the other products:
Provided further that all such advertisements shall be previewed and certified by the Central Board of Film Certification suitable for unrestricted public exhibition prior to telecast or transmission or retransmission;]
(b) infant milk substitutes, feeding bottle or infant foods.]
(3) No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end.
3[(3A) No advertisement shall contain references which hurt religious sentiments.]
(4) The goods or services advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act, 1986.
(5) No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.
(6) The picture and the audible matter of the advertisement shall not be excessively ‘loud’.
(7) No advertisement which endangers the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service.
(8) Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements.
4[(9) No advertisement which violates the Code for self-regulation in advertising, as adopted by the Advertising Standard Council of India (ASCI), Mumbai for public exhibition in India, from time to time, shall be carried in the cable service.]
(10) All advertisements should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz., use of lower part of screen to carry captions, static or moving alongside the programme.
5[(11) No programme shall carry advertisements exceeding twelve minutes per hour, which may include up to ten minutes per hour of commercial advertisements, and up to two minutes per hour of a channel’s self-promotional programmes.]
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1. Ins. by G.S.R. 710(E), dated 8th September, 2000 (w.e.f. 8-9-2000).
2. Ins. by G.S.R. 469(E), dated 9th August, 2006 (w.e.f. 10-8-2006).
3. Ins. by G.S.R. 710(E), dated 8th September, 2000 (w.e.f. 8-9-2000).
4. Subs. by G.S.R. 459(E), dated 2nd August, 2006 for sub-rule (9) (w.e.f. 3-8-2006). Sub-rule (9), before substitution, stood as under:
”(9) No advertisement which violates the standards of practice for advertising agencies as approved by the Advertising Agencies Association of India, Bombay, from time to time, shall be carried in the cable service.”
5. Ins. by G.S.R. 452(E), dated 31st July, 2006 (w.e.f. 31-7-2006).
Each cable operator shall maintain a register in Form 5 for each month of the year for which the registration is granted.
The Authority may, on issue of any notification under section 4A of the Act by the Central Government, take appropriate decisions on the following aspects and duly notify the—
(a) standard interconnection agreement to be used for entering into commercial agreements for distribution in the notified areas, of pay or free-to-air channels among (i) broadcasters and multi-system operators; and (ii) multi-system operators and local cable operators;
(b) the maximum limits of security deposit and monthly rental for supply, maintenance and servicing of Set Top Boxes of prescribed specifications to the subscribers on rental basis by multi-system operators in the notified areas;
(c) tariff for the basic service tier along with the minimum number of free-to-air channels to be provided by the multi-system operators or local cable operators to the subscribers in the notified areas;
(d) regulations for quality of service to be provided by the multi-system operators or local cable operators to the subscribers in the notified areas.]
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1. Subs. by G.S.R. 452(E), dated 31st July, 2006, for rule 9 (w.e.f. 31-7-2006). Rule 9, before substitution, stood as under:
“9. Manner of publicizing the subscription rates of pay channels.—(1) Every cable operator shall publicise, either through advertisements in the print and electronic media or through other means (e.g. printing on the reverse of the receipts, etc.) to the subscribers, the subscription rates and the periodic intervals at which such subscriptions are payable for receiving of the various pay channels provided by such cable operator.
(2) Every cable operator shall, while so publicizing, be required to indicate precisely the following information:—
(a) rates of subscriptions for each individual pay channel provided by the cable operator and discounts, if any, offered on subscribing to a minimum number of channels or more:
Provided that discounts so offered for subscribing to the minimum number of channels or more shall not be such as to dilute/nullify the choice of subscribing to individual channels:
Provided further that the subscriber shall not be forced to buy more than the channel(s), of his choice through the mechanism of discounted pricing and by grouping of channels in such a way as to render the choice of individual pay channels offered, an illusory one.”
(1) Every broadcaster shall declare the nature of each of its channels as ‘pay’ or ‘free-to-air’ channel as well as the maximum retail price of each of its ‘pay’ channels to be charged by the multi-system operators or local cable operators from the subscribers in each of the notified areas.
(2) Every broadcaster shall file his declaration of the nature and prices of channels under sub-rule (1) before the Authority and the Central Government within fifteen days of the date of notification by the Central Government under section 4A of the Act.
(3) If in the opinion of the Authority, the price declared by the broadcaster in respect of any of its pay channels is too high, the Authority may, under section 11 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), fix and declare the maximum retail price of such a pay channel or fix a general maximum retail price for all pay channels within which the broadcasters may declare their individual prices for each pay channel, to be paid by the subscribers in any of the notified areas, and such an order of the Authority shall be binding on the broadcasters and the multi-system operators and local cable operators.
(4) Every broadcaster shall enter into interconnection agreements with multi-system operators in the notified areas as per the standard interconnection agreement, or with any mutually agreed modifications on a non-discriminatory basis, as per the regulations or directions or orders of the Authority.
(5) If a broadcaster fails to declare the price of any of its pay channels within the prescribed time limit under sub-rule (2) or refuses or fails to comply with the direction under sub-rule (3) or refuses or fails to enter into an interconnect agreement with a multi-system operator permitted by the Central Government under sub-rule (3) of rule 11 within the time limit as prescribed by the Authority, then the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.
(6) In the event of non-compliance by the broadcaster of the directions issued by the Authority under sub-rule (5), the Central Government may, on the recommendations of the Authority, suspend the permission granted to the broadcaster under uplinking or downlinking guidelines as the case may be, to broadcast that channel in the country or any part thereof.
(7) Every declaration filed by the broadcaster under sub-rule (1) or maximum retail price fixed by the Authority under sub-rule (3) shall normally remain valid for a period of one year from the date of such declaration or fixation, as the case may be, subject to the condition that every broadcaster will be free to revise the price of any channel or convert a pay channel to free-to-air or a free-to-air channel to a pay channel by giving one month’s notice to the multi-system operator and subscribers:
Provided that no increase in price beyond the individual limit, if any specified by the Authority, shall be valid without prior approval of the Authority:
Provided further that no such price increase shall be valid beyond the general maximum retail price for all channels fixed by the Authority.]
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1. Subs. by G.S.R. 452(E), dated 31st July, 2006, for rule 10 (w.e.f. 31-7-2006). Rule 10, before substitution, stood as under:
“10. Submission of report to the Central Government.—(1) Every cable operator shall be required to submit a report to the Central Government in the Ministry of Information and Broadcasting in Form 6.
(2) Such report shall be submitted periodically in the first week of each quarter:
Provided that the Central Government may, in exceptional cases, or in public interest, require any cable operator to furnish such report within shorter periods.”
(1) No multi-system operator shall provide cable television network services with addressable systems in any one or more notified areas without a valid permission from the Central Government under sub-rule (3) of rule 11.
(2) Every multi-system operator who desires to provide cable television network services with addressable systems in any of the notified areas, shall, within thirty days of the issue of the notifications under section 4A of the Act by the Central Government, apply for permission to the Ministry of Information and Broadcasting in Form 6 annexed to these rules, along with processing fee of rupees ten thousand.
(3) The Ministry of Information and Broadcasting in the Government of India shall, within thirty days of the receipt of the application, grant, or refuse, permission to the applicant to provide addressable systems in the notified areas after considering its suitability or otherwise on the basis of information given in respect of its existing operational area, actual number of subscribers and addresses of its local cable operators in each of the notified areas, commercial arrangements with the broadcasters and local cable operators, if any, financial strength, management capability, security clearance and preparedness to supply and maintain adequate number of Set Top Boxes for its subscribers, installation of its subscriber management system and compliance with all other quality of service standards as may be specified by the Authority.
(4) The Central Government may lay down such terms and conditions of permission under sub-rule (3) as may be deemed necessary and desirable to ensure compliance with the provisions of this Act and the regulations, directions and orders made by the Authority.
(5) No multi-system operator shall continue to provide any cable television network services in the notified areas after the date notified therein, without obtaining prior permission from the Central Government.
(6) In the event of a multi-system operator who fails or refuses to enter into an interconnection agreement with a broadcaster of a pay channel or an adequate number of local cable operators in the notified areas or who violate the terms and conditions of the permission granted to it under sub-rule (3), within the time limit as prescribed by the Authority, the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.
(7) In the event of violation by a multi-system operator of one or more of the terms and conditions of the permission granted under sub-rule (3), the Central Government may suspend or revoke such permission for such period and for such notified areas as it deems fit:
Provided that no such order of suspension or revocation shall be made without giving a reasonable opportunity to the multi-system operator to explain its position.]
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1. Subs. by G.S.R. 452(E), dated 31st July, 2006, for rule 11 (w.e.f. 31-7-2006). Rule 11, before substitution, stood as under:
“11. Declaration of channels as “free-to-air” and ‘pay’.—In order to inform the public as required under rules 9 and 10 the cable operator shall declare which channel[s] will remain ‘pay’ and which “free-to-air” and also the rates of the pay channels and discounts, if any, by 15th June, 2003.”
(1) Every multi-system operator granted permission under sub-rule (3) of rule 11 shall create public awareness among the subscribers in the notified areas for a period of thirty days from the date to be specified by the Authority, either through advertisements in the print and electronic media or through other means (e.g. leaflets, printing on the reverse of the receipts, personal visits, group meetings with subscribers or consumer groups etc.) the salient features of the Conditional Access System scheme as approved by the Authority for implementation, by the multi-system operator, in the notified areas, and in particular the following:—
(a) A-la-carte subscription rates and the periodic intervals at which such subscriptions are payable for receiving the various pay channels;
(b) the refundable security deposit and the daily or monthly rental payable for the set-top box and its detailed specifications such as make, model, technical specifications, user manuals and maintenance centers etc.;
(c) the number and names of free-to-air channels that the multi-system operator will provide to the subscribers and specific placement of each channel in the prime or non-prime bands;
(d) the prescribed monthly service charge to be paid by each subscriber for receiving the basic service tier fixed by the Authority and the number of additional free-to-air channels, if any, offered by the Multi-system Operator;
(e) the Quality of Service Standards specified by the Authority and the arrangements made by the Multi-System Operator to comply with these standards;
(f) the Subscriber Management System established by the multi-system operator to demonstrate the functioning of the Set Top Boxes and interact with the subscribers to explain the various financial, logistic and technical aspects of the system for its smooth implementation;
(g) the subsisting arrangements for resolution of disputes between the multi-system operator and local cable operators and the subscribers in respect of the quality of service standards, payments and refunds etc.
(2) The Authority may also arrange public awareness activities in the notified areas either directly or through authorized officers or consumer organizations etc.]
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1. Subs. by G.S.R. 452(E), dated 31st July, 2006, for rule 12 (w.e.f. 31-7-2006). Rule 12, before substitution, stood as under:
“12. Responsibility of cable operators in certain cases.—In the event of cable operators not being in a position by 31st August, 2003 to declare whether a channel is “pay” channel or ‘free-to-air’ channel and the price of any pay channel due to the information not being provided by the broadcaster, the cable operator shall not transmit such channel through its network after the 31st August, 2003.”
(1) Every subscriber in the notified areas who desires to receive one or more pay channels shall, during the public awareness campaign under rule 12 or within fifteen days after its expiry, apply to any one of the multi-system operators granted permission under sub-rule (3) of rule 11 either directly or through any of his linked local cable operators, to supply and install one or more Set Top Boxes in his premises as per the scheme approved by the Authority and deliver the requisite channels through the same:
Provided that every subscriber shall be free to buy a Set Top Box of approved quality from the open market, if available and technically compatible with the multi-system operator’s system, and no multi-system operator or cable operator shall force any subscriber to buy or to take on rent the Set Top Box from him only.
(2) Every subscriber in the notified areas who desires to receive one or more pay channels, and who failed to apply within the period prescribed under sub-rule (1) may at any time either buy a Set Top Box of approved quality from the open market, if available and technically compatible with the multi-system operator’s system, or apply to any one of the multi-system operators granted permission under sub-rule (3) of rule 11 either directly or through any of his linked local cable operators, to supply and install one or more Set Top Boxes in his premises as per the scheme approved by the Authority and deliver the requisite channels through the same or through the Set Top Box of approved quality acquired by the applicant on his own, as the case may be.
(3) Every multi-system operator shall procure, supply and install the required number of Set Top Boxes of approved quality in the premises of every applicant under sub-rule (1) or sub-rule (2) within a period as may be determined by regulation or order by the Authority from the date of receipt of such application, and transmit the requisite pay channels through the same or through the Set Top Box of approved quality acquired by the applicant on his own, as the case may be.
(4) Every multi-system operator shall set up and operationalise its subscriber management system within a time frame as may be determined by regulation or order by the Authority, for ensuring efficient and error-free service to the subscribers by recording and providing individualized preferences for pay channels, billing cycles, refunds etc..
(5) In the event of the failure of any multi-system operator to supply and install a Set Top Box each in the premises of one or more applicants under sub-rule (1) or to operationalise subscriber management system within the time limit as determined by regulation or order by the Authority, then the Authority may, so as to protect the interests of the subscribers, take interim measures to ensure supply of signals.]
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1. Subs. by G.S.R. 452(E), dated 31st July, 2006, for rule 13 (w.e.f. 31-7-2006). Rule 13, before substitution, stood as under:
“13. Provisions for Set Top Boxes.—The cable operator shall make provisions for rent and security deposit, or refund thereof as well as warranty, repair and maintenance in the manner notified by the Government.”
Every multi-system operator shall be obliged to maintain the quality of service as per the standards, including the arrangements for handling complaints and redressal of grievances of the subscribers, as may be determined by regulation or order by the Authority. The Authority may look into the efficacy of such arrangements and issue necessary directions to the concerned parties for compliance.]
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1. Subs. by G.S.R. 452(E), dated 31st July, 2006, for rule 14 (w.e.f. 31-7-2006). Rule 14, before substitution, stood as under:
“14. Manner of making provisions for rent, security deposit, etc. for Set Top Boxes.—(1) The Cable Operator will intimate to each cable subscriber in writing and at least fifteen days before the introduction of ‘Conditional Access System’, in the specified area of service, the following details of Set Top Boxes:—
(a) Type of Set Top Box whether analogue or digital, its Main physical functions and its conformity with the Bureau of Indian Standards.
(b) Details of payment schemes, including validity period of the offers on sale, hire purchase, or rent of Set Top Box and amount of refundable security deposit payable by the cable subscriber.
(c) Maximum time for refund of security deposit to any cable subscriber who returns the Set Top Box.
(d) Details of maintenance facility available with the cable operators.
(e) Maximum time to repair/replace the Set Top Box.
(f) Period of warranty of the Set Top Boxes.
(2) The Cable Operator shall also furnish the information required in sub-rule (1) above to the Ministry of information and Broadcasting, duly authenticated by its authorised signatory.”
(1) Immediately on operationalisation of the subscriber management system and the installation of the Set Top Boxes under rule 13, every multi-system operator shall start transmitting the pay channels in encrypted as well as unencrypted form for a period of not less than fifteen days to test out the quality of service, remove any technical or operational snags and enable the subscribers to become familiar with the operation of addressable systems at their end.
(2) Before the start of the transition period under sub-rule (1), the Authority may call for progress or compliance reports from the service providers in the Forms appended to these rules, and at intervals, as may be specified by it to satisfy itself that all the multi-system operators permitted under sub-rule (3) of rule 11 have completed all the necessary arrangements to switch over to transmission of pay channels through addressable systems in the whole of the notified area by the date notified by the Central Government under section 4A of the Act.
(3) In the event of satisfactory completion of all arrangements, every multi-system operator in the notified area shall start transmitting pay channels only through addressable systems from the date notified by the Central Government under section 4A of the Act.
(4) In the event of the Authority coming to a conclusion that the arrangements made by the multi-system operators are not adequate and the switch over to transmission of pay channels through addressable systems is likely to be against the interests of a substantial portion of the subscribers in any notified area, the Authority may recommend to the Central! Government an extension of the notified date by such period as in its opinion is the minimum required for the satisfactory completion of the necessary arrangements by the multi-system operators.
(5) On receipt of a recommendation from the Authority under sub-rule (4), and before the expiry of the notified date, the Central Government may, if it is satisfied that it is not in public interest to switch over to addressable systems on the notified date and that circumstances so warrant to extend the notified date to protect the interests of a substantial portion of subscribers in the notified area, issue another notification indicating the revised date under section 4A of the Act:
Provided that the power to issue notification in respect of the areas already notified by the Government of India in the Ministry of Information and Broadcasting under section 4A of the Act vide number S.O. 792(E), dated the 10th July, 2003 shall be subject to the orders and final outcome of the LPA No. 985/2006 & CMs 6660/2006 and 6658/2006 pending in the High Court of Delhi.
(6) Every multi-system operator shall complete the remaining arrangements within such extended period and start transmitting the pay channels only through addressable systems from such revised date as notified under sub-rule (5).