of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service. (b) SECONDARY TRANSMISSION OF PRIMARY TRANSMISSION TO CONTROLLED GROUP ­ Notwithstanding the provisions in subsections (a) and (c), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is actionable as an act of infringement under Section 2.43 and is fully subject to the remedies provided by Section 2.45 if the primary transmission is not made for reception by the public at large but is controlled and limited to reception by particular members of the public; provided however, that such secondary transmission is not actionable as an act of infringement if ­ (c) (I) The primary transmission is made by a broadcast station licensed by the Ministry of Post and Telecommunications (2) The carriage of the signals comprising the secondary transmission is required under the rules, regulations, or authorizations of the Ministry of Post and Telecommunications; SECONDARY TRANSMISSIONS BY CABLE SYSTEMS (1) Subject to the provisions of clauses (2), (3) and (4) of this sub-section, secondary transmissions to the public by a cable system of a primary transmission made by a broadcast station licensed by the Ministry of Post and Telecommunications embodying a performance display of a work shall be subject to compulsory licensing upon compliance with the requirements of sub-section (d) where the carriage of the signals comprising the secondary transmission is permissible under the rules, regulations, or authorizations of the Ministry of Post and Telecommunications. (2) Notwithstanding the provisions of clause (I) of this sub-section, the willful or repeated secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Ministry of Post and Telecommunications and embodying a performance or display of work is actionable as a act of infringement under section 2.40 and is fully subject to the remedies provided by section 2.42, 2.48 through 2.52, in the following cases: (3) (A) Where the carriage of the signals compnsing the secondary transmission is not permissible under the rules, regulations, or authorization of the Ministry of Post and Telecommunications, or (B) Where the cable system has not recorded the notice specified by sub­ section (d) and deposited the statement of account and royalty fee required by sub-section (d). Notwithstanding the provisions of clause (I), of this sub-section to the provisions of sub-section (e) of this section, the secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Ministry of Post and Telecommunications and embodying a performance or display of a work is actionable as an act of infringement under Section 2.40, and is fully subject to the remedies 16