POLICY
GUIDELINES
FOR
UPLINKING
OF TELEVISION
CHANNELS FROM INDIA
PREAMBLE
Ministry
of Information
and Broadcasting,
Government of India notified
the “Guidelines for
Uplinking from India”
in July
2000. This
was followed
by “Guidelines
for Uplinking
of News
and Current
Affairs TV
Channels from India”
in March
2003, which
were amended
in August
2003.
Further followed
by “Guidelines
for
use
of SNG/DSNGs”
in May 2003
and
addendum dated
1.4.2005
to the
Uplinking
guidelines. The Government has, on
20th
October 2005, further
amended
these Guidelines, which came
into effect
from
2nd
December
2005. Some
amendments
to these
Guidelines
have also
come into
operation
as a
result of
enactment of
the
Sports
Broadcasting
Signals
(Mandatory
Sharing
with
Prasar
Bharati)
Act,
2007
and
the
rules
and
notifications
thereunder.
Some
amendments
were
also
needed
in
the
provisions
relating
to
the
determination
of
the
foreign
investment
in
the
applicant/permission
holder
company
to
bring
them
in line
with the
extant
FDI Policy
of the
Government.
The Government
has,
on
7th
October
2011 further
amended
these
guidelines.
Accordingly,
in
supersession of
all previous
guidelines, the Government
hereby notifies the
following
consolidated
Uplinking
Guidelines.
These
shall come
into effect
from today
the 05th
December, 2011 and
would be
applicable to existing
channels
as well.
GENERAL
The
applicant
seeking
permission
to
set up
an Uplinking
Hub/ Teleport
or Uplink
a TV
Channel
or
Uplink
facility
by a
News Agency
should be
a company registered
in India under the Companies
Act,
1956.
1.
PERMISSION
FOR SETTING
UP
OF UPLINKING
HUB/
TELEPORTS
1.1.
Eligibility Criteria
1.1.1.
In
the applicant
company, the
foreign
equity holding
including NRI/OCB/PIO should
not exceed
49%.
1.1.2. The Company
should have
a minimum Net
Worth as
prescribed
below:[
[Item |
Required Net
Worth |
For
the
first Teleport |
Rs.
3.00
Crore |
For
each additional
Teleport |
Rs.
1.00
Crore] |
1.1.3.
Notwithstanding
the
provisions
contained
in
Para
1.1.2,
the minimum
networth requirement for additional
Teleport of
a Company,
which
held
permission(s)
for a Teleport(s)
as
on the
date of
issuance
of the
amended Guidelines
on
05.12.2011,
would be
calculated
by applying
the networth
norms
as they
existed
prior to
the
issuance of
amended guidelines
for the
permissions
already
held on
that
date, and
the revised norms
as per
Para 1.1.2
for the
additional Teleport(s).]1
1.2.
Period of
Permission
1.2.1.
Permission shall
be granted
for a
period of
10 years.
1.3.
Fee
1.3.1.
The applicant
will pay
an
amount of
Rs. Ten
Thousands
per
teleport as
non-refundable processing
fee.
1.3.2. [The
applicant company
shall pay
a permission
fee at the
rate of
Rs. Two
lakh
per
Teleport
per annum.
1.3.3. After
being held
eligible,
the applicant
Company
shall pay
the
permission
fee for
the first
year before
the
issuance of
permission.
The
succeeding year’s
permission
fee will
have to be
deposited 60
days
before such
fee becomes
due.
]1
1.4.
Special
Conditions/
Obligations
1.4.1.
The
company
shall Uplink
only those
TV Channels
which are
specifically
approved or
permitted by
the
Ministry of
Information
and Broadcasting
for
Uplinking from
India.
1.4.2.
The
company
shall stop
Uplinking
TV channels
whenever permission/approval to
such a
channel is withdrawn
by the Ministry
of
Information &
Broadcasting.
1.4.3.
The
applicant
company
shall abide
by the
general
terms and
conditions
laid down
in
Para
5 below.
[1.5.
Roll
Out Obligations
for
operationalisation
of
permitted
Teleports:-
1.5.1.
The
applicant
company
shall
operationalise the
teleport
within one
year
from
the date
the permission
is granted by
the
Ministry of
Information
and
Broadcasting.
1.5.2.
After
being held
eligible,
the
applicant company shall
also
furnish a
Performance
Bank Guarantee (PBG) for
Rs 25
lakhs
for each
teleport
before the
issuance
of permission
on the
format
so
specified
by the
Ministry
for fulfilling
the rollout
obligation
stipulated in Para
1.5.1,
from any
scheduled
bank in
favour of the Ministry
of Information
and
Broadcasting. If the
teleport
is not operationalised even
after
one
year,
the
permission
shall
be
cancelled and
the Performance
Bank
Guarantee (PBG)
shall be
forfeited.
1.5.3.
The
requirement
of Performance
Bank
Guarantee (PBG) shall
also be
applicable to a
Company
which held
permission(s)
for a
Teleport(s) as on
the date
of
issuance of
the
amended
Guidelines
on 05.12.2011 and
wishes
to
seek
further
extension
for operationalisation
beyond
the period
already
permitted
as on
that
date,
for granting
extension
up
to a
further
period of
one
year.]1
2.
PERMISSION
FOR UPLINKING
A
NON-NEWS
& CURRENT
AFFAIRS TV
CHANNEL
[Note:
For the
purpose of
these
guidelines,
a Non-News
& Current
Affairs TV
channel means
a channel
which does not have
any element
of News
& Current Affairs in
its
programme content.]
2.1.
Eligibility Criteria
2.1.1.
The
applicant
company,
irrespective
of its
ownership,
equity
structure or
management control, would
be eligible
to seek
permission.
2.1.2. The Company
should have a minimum
Net Worth
as prescribed below:
[
Item |
Required
Net Worth |
First TV
Channel |
Rs.
5.00
crore |
For
each
additional
TV
Channel |
Rs.
2.50
crore |
2.1.3.
Notwithstanding the
provisions
contained
in
Para
2.1.2,
the minimum
networth requirement for additional
Non-News
and Current
Affairs TV
channels of
a Company
which held
permission(s)
for TV
channels
as on
the date
of issuance
of the
amended
Guidelines as on
05.12.2011,
would
be calculated
by applying
the networth
norms
as they
existed
prior to
the
issuance
of amended
guidelines
for
the
permissions
already
held on
that date,
and the
revised
norms
as per
Para 2.1.2
for the
additional TV channels.
2.1.4.
At
least one
of the
persons occupying
a top
management
position
in the
applicant company
should
have a
minimum
3
years of
prior
experience in a
top
management
position
in a
media
company
(or media
companies)
operating
Non-News
and Current
Affairs TV
channels. The
term “top
management
position”
in this context shall
mean
the
Chairperson or
Managing
Director or
Chief
Executive Officer
or Chief
Operating
Officer
or Chief
Technical Officer
or Chief
Financial Officer
of the
Company. The
channels which were permitted
but
could
not
become
operational
by
the
date
of
issuance
of the amended
guidelines
on
05.12.2011
will
also be
required
to fulfill this criteria.
]1
2.2.
Period of
Permission
2.2.1.
Permission shall
be granted
for a
period of
10 years.
2.3.
Fee
2.3.1.
The
applicant
will
pay
an
amount
of
Rs.Ten
thousands per
TV
Channel
as
non- refundable
processing fee.
2.3.2.
[The
applicant
company
shall pay
a permission
fee
at the
rate of
Rs. Two
lakh per
Non- News
and Current Affairs channel
per
annum
2.3.3.
After
being held
eligible,
the applicant
Company
shall pay
the
permission
fee for
the first
year before
the
issuance of
permission. The
succeeding year’s
permission
fee will
have to
be
deposited 60
days
before such
fee becomes
due.]1
2.4.
Special
Conditions/ Obligations
2.4.1.
The
applicant
company shall obtain
registration for
each
channel, in
accordance
with the procedure
laid
down under
the
Downlinking
Guidelines notified
by the Ministry of
Information & Broadcasting
separately.
2.4.2.
The
applicant
company
permitted to uplink
shall
operationalise
the channel
within a
period of
one
year from
the date
the
permission is granted
by
the Ministry
of Information
and
Broadcasting, and will
abide the
Section 2.5
and its
sub
sections
thereof,
as
given
below.
2.4.3.
[The
company
shall ensure
compliance
of the
provisions
of Sports
Broadcasting Signals (Mandatory
sharing
with Prasar
Bharati)
Act 11 of 2007
and the
Rules,
Guidelines, Notifications
issued there
under.]2
2.4.4.
The
applicant
company
shall abide
by the
general
terms and
conditions
laid down
in
Para
5 below.
[2.5
Roll
out
Obligations
for
Operationalising
permitted
Non News
and
Current Affairs
TV
Channels
2.5.1
The
applicant company
shall
operationalise
the
permitted non-News
and Current
Affairs Television
channel
within one
year from
the
date
the permission
is granted
by the
Ministry of
Information
and
Broadcasting.
2.5.2
After
being held
eligible,
the applicant
company
shall
also
furnish a
Performance
Bank Guarantee (PBG) for
Rs 1
crore for
each
non-News and
Current Affairs
TV channel
before the
issuance
of permission
on the
format so
specified
by the
Ministry
for
fulfilling
the
rollout
obligation
stipulated in
Para
2.5.1, from
any scheduled
bank in
favour of
the
Ministry of
Information
and
Broadcasting. If
the channel
is not
operationalised
even after one
year, the
permission shall
be cancelled
and the
Performance
Bank
Guarantee (PBG) shall be
forfeited.
2.5.3.
The
requirement
of Performance
Bank
Guarantee (PBG)
shall also
be
applicable to a
Company
which held permission(s)
for a
non-News
and
Current Affairs
TV channel
as on
the date
of issuance
of
the amended
Guidelines
on
05.12.2011
and wishes to
seek
further extension
for
operationalisation
beyond the
period
already permitted
as on
that date,
for granting extension
up to a
further
period of one
year.]1
3.
PERMISSION
FOR UPLINKING
A
NEWS
&
CURRENT AFFAIRS TV
CHANNEL
[Note: For
the purpose
of these
guidelines, a News
& Current
Affairs
TV
channel
means a
channel
which has any
element of
news &
current
Affairs in
its programme
content.]
3.1.
Eligibility Criteria
3.1.1.
[The
total
direct and
indirect
foreign
investment
including
portfolio
and
foreign
direct investments into
the company
shall not
exceed 26% at the
time
of application
and
during the currency
of the
permission. The methodology of calculation
of the
direct and
indirect
foreign investments
would
be
as
per
the extant
policy of the Government.
The Company,
permitted
to uplink
the channel shall certify the
continued compliance
of this
requirement
through
its Company
Secretary, at the
end of
each
financial year.
Approval of
Foreign
Investment
Promotion
Board
(FIPB)
shall be
required
for any
existing or proposed
foreign investment in
the company.]3
3.1.2.
Permission will
be
granted
only
in
cases
where
equity
held by
the
largest
Indian shareholder is
at least
51%
of the
total
equity, excluding the equity held
by Public
Sector Banks and Public
Financial
Institutions
as defined
in Section
4A of
the
Companies
Act,
1956,
in the
New Entity.
The
term
largest
Indian shareholder,
used in
this
clause,
will include any
or a
combination of the
following:
(1)
In the
case of
an individual
shareholder,
(a) The
individual shareholder.
(b) A
relative
of
the shareholder
within the
meaning of
Section 6
of the
Companies
Act,
1956.
(c) A
company/
group of
companies
in which
the
individual
shareholder/HUF to which
he belongs
has management and
controlling
interest.
(2)
In the
case of
an Indian
company,
(a) The Indian company
(b) A
group of
Indian
companies under the
same
management and
ownership
control.
For
the
purpose of
this Clause,
“Indian
company” shall
be a
company,
which must
have a
resident
Indian or a
relative as
defined under
Section 6
of the
Companies
Act, 1956/
HUF, either singly
or in combination
holding at
least 51% of
the
shares.
Provided
that
in
case of
a
combination of all
or
any
of the
entities
mentioned in
Sub-
Clause (1)
and (2)
above, each
of the
parties
shall have
entered
into a legally binding
agreement to act as a
single
unit in
managing
3.1.3.
[..deleted..]3
3.1.4.
The
company
shall make
full
disclosure, at
the time
of
application,
of
Shareholders Agreements,
Loan
Agreements and
such other
Agreements
that are
finalized or are proposed
to be entered into.
Any
subsequent changes in
these would
be disclosed
to the
Ministry of
Information
and Broadcasting,
within 15
days of any
changes,
having a
bearing on the foregoing
Agreements.
3.1.5.
It
will be
obligatory on
the part of
the company
to intimate
the Ministry
of Information
& Broadcasting, the changes
in Foreign
Direct
Investment in the
company,
within 15
days of
such change.
While
effecting changes
in the
shareholding patterns,
it shall
ensure
its
continued compliance
to Clause
3.1.1
and 3.1.2
above.
3.1.6.
The
applicant
shall be
required to
intimate
the names
and
details of
all persons,
not being
resident
Indians,
who are proposed
to
be
inducted in
the Board
of
Directors
of the company.
3.1.7.
The
company
shall be
liable to
intimate
the names
and details
of any
foreigners/
NRIs to
be
employed/ engaged
in the
company
either
as
Consultants
(or in
any other
capacity)
for more than
60 days
in a
year, or,
as regular
employees.
3.1.8.
At
least 3/4th
of the
Directors
on the
Board of
Directors
of the company
and all
key
Executives
and
Editorial staff
shall
be
resident Indians.
3.1.9.
The representation on
the Board
of
Directors of
the company
shall as
far as
possible
be proportionate to the
shareholding.
3.1.10.
All appointments
of key
personnel
(executive
and editorial)
shall
be
made
by
the
applicant
company
without any
reference
on from
any other
company, Indian
or foreign.
3.1.11.
The
applicant
company
must
have
complete
management
control,
operational
independence
and
control
over
its
resources
and assets
and must
have
adequate financial strength
for running
a news and current
affairs TV
channel.
3.1.12.
CEO
of the
applicant company,
known by
any
designation, and/ or
Head
of the
channel,
shall be a resident
India
3.1.13 The Company
should have
a minimum
networth as
prescribed below:[
Item |
Required
Networth |
First News and Current Affairs TV
channel |
Rs. 20.00
crore |
For each
additional
TV
channel |
Rs. 5.00
crore |
3.1.14
Notwithstanding the
provisions
contained
in
Para
3.1.13,
the
minimum
networth
requirement for additional
News and
Current Affairs
TV channels
of a
Company
which held
permission(s)
for
TV
channels
as on the date of
issuance
of
the
amended
Guidelines
as on
05.12.2011,
would be
calculated
by applying
the networth
norms
as they
existed
prior to
the
issuance
of
amended
guidelines
for
the
permissions
already
held on
that
date, and
the revised norms
as per
Para
3.1.13
for the
additional TV channels.
3.1.15
At least
one of
the
persons occupying
a top
management
position
in the
applicant company
should
have a
minimum
3
years of
prior
experience in a
top
management
position
in a
media
company
(or
media
companies)
operating
News and
Current
Affairs TV
channels.
The term
“top
management
position”
in
this
context
shall
mean
the
Chairperson or Managing
Director or
Chief
Executive Officer
or Chief
Operating
Officer
or Chief
Technical Officer
or Chief
Financial Officer
of the
Company. The
channels which were permitted
but
could
not
become
operational
by
the
date
of
issuance
of the amended
guidelines
on
05.12.2011
will also
be required
to fulfill this
criteria.]1
3.2.
Period of
Permission
3.2.1.
Permission shall
be granted
for a
period of
10 years.
3.3.
Fee
3.3.1.
The applicant
will pay
an
amount
of Rs.
Ten
thousands per
TV
Channel
as non-
refundable processing
fee.
3.3.2.
[The
applicant
company
shall pay
a permission
fee at
the rate
of Rs.
Two lakh
per News
and Current
Affairs TV
Channel
per
annum.
3.3.3.
After
being held
eligible,
the applicant
Company
shall pay
the
permission
fee for
the first
year before
the
issuance of
permission. The
succeeding year’s
permission
fee will
have to
be
deposited 60
days
before such
fee becomes
due.]1
3.4.
Special
Conditions/
Obligations
3.4.1.
Permission
for usage
of
facilities/infrastructure
for live
news/footage collection
and transmission, irrespective
of the
technology
used, will
be given
to only
those
channels
which are
uplinked
from India.
To
ensure
immediate
compliance of
this policy
in respect
of permissions/licences
given/to be
given for
utilization
of VSAT/RTTS/Satellite
Video
Phone and
similar other
infrastructure, which
lends
itself
for
use in
uplinking/
point
to point
transfer
of content
for
broadcast purposes,
separate
guidelines will
be issued
by the
Ministry of Communications &
Information
Technology.
3.4.2.
The
channel/company
will ensure
that
its news
and current
affairs content
provider(s),
if any, are
accredited
with
the
Press
Information Bureau.
Such accredited
content
provider(s) only can use
equipment/platform for collection/transmission
of
news/footage.
3.4.3.
The
company/channel
should ensure
that it
uses
equipment, which is
duly
authorized
and permitted
by
the
competent
authority, or
its
content
provider(s),
if
any,
use
equipment duly authorized by
the
competent
authority.
3.4.4.
It
will be
obligatory on
the part of
the company
to intimate
the Ministry
of Information
& Broadcasting, the changes
in Foreign
Direct
Investment in the
company,
within 15
days of
such change.
While
effecting changes
in the
shareholding patterns,
it shall
ensure
its
continued compliance
to Clause
3.1.1
and 3.1.2
above.
3.4.5.
The
company/channel
will
be
liable
to
intimate
to
the
Ministry
of
Information
& Broadcasting
the
details of
any foreigners/NRIs employed/engaged
by it for a
period
exceeding 60(sixty)
days.
3.4.6. The
applicant
company
shall abide
by the
general
terms and
conditions
laid down
in Para
5 below
as well as
Paras
2.4.1 to
2.4.3
above.
[3.5
Roll out
Obligations
for Operationalising
permitted News
and
Current
Affairs TV
Channels
3.5.1
The
applicant company
shall operationalise the permitted
News and
Current
Affairs Television
channel
within one
year from
the
date the
permission
is granted
by the
Ministry of Information
and
Broadcasting.
3.5.2
After being
held
eligible, the
applicant company
shall also
furnish
a
Performance Bank
Guarantee (PBG) for
Rs 2
crore for
each News
and Current
Affairs TV
channel before
the issuance
of permission
on the
format
so
specified by
the Ministry
for fulfilling
the
rollout obligation
stipulated
in Para
3.5.1, from
any scheduled
bank in
favour of
the
Ministry of
Information
and
Broadcasting. If
the channel
is not
operationalised
even after one
year, the
permission shall
be cancelled
and the
Performance
Bank
Guarantee (PBG) shall be
forfeited.
3.5.3.
The requirement
of Performance
Bank
Guarantee (PBG) shall
also be
applicable to a
Company
which held
permission(s)
for
a News
and
Current
Affairs TV
channel as
on
the date
of issuance
of the
amended
Guidelines
on 05.12.2011 and
wishes to
seek
further extension
for operationalisation
beyond the
period
already permitted
as on
that date,
for
granting extension up to a
further
period of
one year.
]1
4.
PERMISSION
FOR UPLINKING
BY INDIAN
NEWS
AGENCY
4.1.
Eligibility Criteria
4.1.1.
The
applicant
company
should be
accredited
by Press
Information
Bureau (PIB).
4.1.2.
The
applicant
company
should be
100% owned
by Indian,
with
Indian Management
Control.
4.2.
Period of
Permission
4.2.1.
Period
of
permission shall
be as
per WPC
license.
4.3.
Special
Conditions/
Obligations
4.3.1.
The
company
shall use
uplinking
for news-gathering
and its
further
distribution to other
news agencies/broadcasters
only.
4.3.2.
The
company
shall not
uplink
TV programmes/channels for
direct
reception
by public.
4.3.3.
The
applicant
company
shall abide
by the
general
terms and
conditions
laid down
in
Para 5 below.
5.
GENERAL
TERMS &
CONDITIONS
5.1. The
company can
uplink either in
C or
Ku Band.
Uplinking in C Band would
be permitted
both to Indian
as well
as
foreign satellites.
However,
proposals
envisaging
use of
Indian
satellites
will
be accorded
preferential treatment. On
the other
hand, uplinking
in
Ku Band
would be
permitted
through Indian
satellite
only, subject
to the
condition that
this
permission is not
used to
run/ operate DTH service
without proper
license, to
which separate
guidelines
apply.
Satellite to
be used
should have
been
coordinated with
INSAT System.
5.2. The
company shall comply
with the
Programme & Advertising
Codes, as
laid down
in
the
Cable
Television Networks (Regulation)
Act, 1995
and the
Rules framed
there under.
5.3. The
company
shall keep
record of
the content
uplinked for
a period
of 90
days
and produce
the same before any
agency of
the Government,
as and
when required.
5.4. The
company shall
furnish such
information, as may
be required
by the
Ministry of
Information
&
Broadcasting, from
time to
time.
5.5. The
company/channel shall provide
for the
necessary
monitoring
facility, at
its own
cost, for
monitoring
of programmes or content
by the representatives
of the Ministry
of
Information & Broadcasting
or any
other Government
agency as
and when so
required.
5.6. The
company shall
permit
the Government
agencies to
inspect
the facilities as
and when
required.
5.7. The
company
shall comply
with
the
terms
and
conditions
of
Wireless
Operational
License
to
be
issued by
the WPC
Wing, Ministry
of
Communications &
IT.
5.8. The
Company shall
ensure
its continued
eligibility as applicable
through out
the period of
permission and adhere
to all the terms and
conditions of the
permission,
failing which the
company shall be liable
for
penalty as
specified
in Para
8 below.
5.9. The
Government
of India,
Ministry of
Information &
Broadcasting
shall have
the right
to
suspend the
permission of
the company
for a
specified period in public
interest or
in the interest of
national security to
prevent
its misuse.
The company
shall
immediately comply
with any
directives issued
in this regard.
5.10. It
will be
obligatory
on the
part of
the company
to take
prior
permission from the
Ministry of
Information
& Broadcasting
before
effecting
any
change
in the CEO/ Board
of
Directors.
6.
PERMISSION
FOR USE
OF SNG/DSNG
EQUIPMENTS
IN C
BAND
AND
KU
BAND
6.1. The
use of SNG/DSNG
would be
permitted to News
and Current
Affairs channels
uplinked from India
for live
news/footage collection
and point-to-point transmission.
6.2. PIB
accredited
content provider(s)
if any,
to
the
permitted News and
Current
Affairs channel(s) can
use SNG/DSNG
for collection/transmission
of
news/footage.
6.3.
Entertainment channels who
are
uplinking from
their own
teleport,
can
use
SNG/DSNG
for
their approved
channels,
for transfer
of video
feeds to
the permitted teleport.
6.4.
All Foreign
channels,
permitted
entertainment
channels
uplinked
from
India
and companies/individuals
not
covered
in
6.1, 6.2
and
6.3
as
above
will be
required to
seek temporary uplinking permission
for
using
SNG/DSNG
for
any
live
coverage/footage
collection and
transmission on case
to
case basis.
6.5.
Only permitted
teleport
operators
and
Doordarshan
may
offer/hire
out
SNG/DSNG
equipments/infrastructures
to other
broadcasters
who are
permitted to uplink
from India.
6.6.
The uplinking
should be
carried in
encrypted
mode, so as
to be
receivable only in
closed user
group.
The signal
should
only
be down
linked
at the
permitted teleport
of
the licensee
and uplinked
for
broadcasting
through permitted
satellite
through
that teleport
only.
6.7.
Each
company/channel
desiring to
use SNG/DSNG
would have
to apply
to Ministry
of
Information
and
Broadcasting and
get
permission
before
doing the
same.
6.8.
Uplinking from
SNG/DSNG
should be in
SCPC mode
only
(only
single feed
can be
uplinked from the SNG/DSNG
at a
time).
6.9.
The channel
would also
give an
undertaking that the feed
collected
through
SNG/DSNG
shall
conform
to Programme
and
Advertisement
Codes.
6.10.
The use
of SNG/DSNG
would be
permitted
only in those
areas/regions/states
which are
not specifically prohibited
by MHA.
6.11.
The company
would
submit
the
purchase
documents
of
SNG/DSNG
terminals and inform
Ministry of
Information
and Broadcasting
about
placement of
these terminals
at the
various locations.
6.12.
Period of
Permission:
a) For
teleport
owners –
co-terminus
with
teleport license.
b) For
permitted News and
Current
Affairs channels
– for
the
period of
the Channel
permission.
c) For
content
providers
to
permitted
channels
- for the
period
of
the
channel
permission.
d) For
other
broadcasters
having temporary
uplinking
permission – for
periods as
specified in
the
temporary
uplinking
permission.
6.13.
The company
permitted
to
use
SNG/DSNG
shall
apply
to
WPC
for
frequency
authorization
of
WPC.
It should
be renewed yearly in
time
and
a
copy
should be
submitted to this Ministry
by the
company
every year.
6.14.
The permitted company shall
maintain a
daily
record of
the
location and
the events
which have
been
covered and
uplinked by SNG/DSNG
terminals and
down linked
at their
main
satellite earth
station
and produce the
same
before
the
licensing
authority
or its authorized representative,
which will
include officers
of Ministry
of Home
Affairs and
Ministry of Information
and
Broadcasting, as and
when
required.
6.15.
The permitted
company
shall not
enter
defence
installations.
6.16.
The equipment
should
not be taken
in the
areas
cordoned off
from security
point of
view.
6.17.
The
company/channel desiring to
use SNG/DSNG
would give
an
undertaking that
it would
be used for
live
newsgathering and
footage
collection
for
captive use
only.
6.18.
Violations of
any
of
the
aforementioned
terms
and
conditions would
lead
to
revocation/cancellation
of the
permission to
use
the SNG/DSNG.
6.19.
The permitting
authority
may
modify
the
conditions
laid down
or
incorporate new conditions, as and
when
considered
necessary.
6.20.
SNG/DSNG in
Ku Band
will not
be used
for DTH
operation, directly or
indirectly.
Any
such use would lead
to
the
termination
of license/permission.
6.21.
Uplinking Dish
used for
SNG/DSNG
operation in
Ku Band shall
not exceed
2 meters.
7.
PERMISSION
FOR
TEMPORARY
UPLINKING
7.1.
The use
of all
equipment/platforms for collection
of footage/news
by channels
uplinked
from
outside for
specific
programme(s)/event(s)
of
temporary
duration will
be entertained on
recommendation
from
the PIB
and
permitted
on a
case to
case basis,
in consultation with the
Ministry of Home Affairs
and
other
Ministries/Departments
concerned.
7.2.
Foreign news
channels/
agencies may
be granted
permission up to
one year
at a
time for
temporary uplinking
from
time to
time
through a
pre-designated
teleport,
subject to
the following conditions:
a) The
applicant
is
accredited with the
Press Information
Bureau,
Government
of India.
b) The applicant undertakes
to conform
to the
Programme and Advertisement
Codes.
c) The
applicant
has a
binding
agreement
with the
relevant
teleport for
the period
of
permission.
d) The
applicant
pays a
processing
fee
of Rs.
10,000/-
and temporary
permission
fee of Rs.
50,000/- per year.
The
news/footage
so uplinked
shall be primarily for
the usage
abroad by
the foreign
news agency/ channel and
shall not
be
broadcast in
India
without
downlinking
permission and registration of the channel.
8.
OFFENCES
AND
PENALTIES
8.1.
In the event
of a
channel/teleport/SNG/DSNG
found to
have been/ being
used
for
transmitting/ uplinking any objectionable
unauthorized content,
messages, or communication
inconsistent
with public interest
or
national security
or
failing to
comply
with the
directions
as
per
para 5.9
above,
the
permission granted
shall be
revoked and
the company
shall be
disqualified to hold any
such
permission for a period
of five
years,
apart from liability for punishment
under
other applicable laws.
8.2.
Subject to
the
provisions contained in
para 8.1
of these
guidelines, in the
event of
a permission holder violating
any of
the
terms and
conditions
of permission,
or any
other
provisions of the guidelines,
the
Ministry of
Information
and Broadcasting
shall have
the right
to impose the following
penalties:
8.2.1.
In
the
event
of
first
violation,
suspension
of
the
permission
of
the
company
and prohibition
of
broadcast/ transmission
up to
a period
of 30
days.
8.2.2.
In the event
of second
violation,
suspension of
the
permission of the
company and
prohibition of
broadcast up to
a period
of 90
days.
8.2.3.
In
the
event
of
third
violation,
revocation of
the
permission
of the company
and prohibition of
broadcast
up to
the remaining
period of
permission.
8.2.4.
In
the event
of failure
of the permission holder
to comply
with the
penalties imposed
within the
prescribed
time,
revocation
of permission
and prohibition of broadcast
for
the
remaining period
of the
permission
and disqualification
to hold
any fresh
permission in future for
a period
of five
years.
8.3.
In the
event
of suspension
of permission
as mention
in Para
5.9 or
8.2 above,
the permission holder shall
continue
to
discharge its
obligations
under
the
Grant
of Permission
Agreement
including the
payment of
fee.
8.4.
In the
event of
revocation
of permission,
the fees
shall be
forfeited.
8.5.
All the
penalties
mentioned above
shall be
imposed
only after
giving a
written
notice to
the permission holder.
9.
PROCEDURE
FOR
OBTAINING
PERMISSION
9.1.
The applicant
company
can
apply
to
the
Secretary,
Ministry of
Information
& Broadcasting, in triplicate,
in the
prescribed format
“Form
1”
along with
all requisite
documents including a
demand draft
for an
amount
equal to
processing
fee wherever
prescribed, payable
at
par
at New
Delhi, in
favour of
the Pay & Accounts
Officer,
Ministry of
Information &
Broadcasting, Shastri
Bhawan, New
Delhi.
9.2.
On the
basis of
information
furnished
in the
application
form,
if the
applicant
is
found
eligible,
its application
will be
sent for
security
clearance to
the Ministry of
Home
Affairs and for
clearance
of satellite
use to
the
Department of Space
(wherever
required).
9.3.
As soon
as these
clearances
are
received, the
applicant would be
asked
to furnish
a demand
draft
for
an
amount
equal to
the
permission
fee
and
Performance
Bank Guarantee as applicable, payable at
New Delhi,
in favour
of Pay
& Accounts
Officer,
Ministry of
Information
& Broadcasting,
Shastri
Bhawan,
New Delhi.
Further,
the
applicant company
in respect
of Para
1, 2
or 3
above
would be
required
to sign
an agreement
titled as
“Grant
of
Permission Agreement”,
in the
format
“Form
2”,
which is
being prescribed separately.
9.4.
Thereafter, the
Company
would be
issued a
formal
permission to enable
it to
obtain
requisite
license/ clearances
from the
WPC Wing,
Ministry of
Communications
& IT
or approach
a teleport
service
provider in
case of
TV
channels/
uplinking
by
a Indian
news
agency.
9.5.
The applicant
will pay
the licence
fee and
royalty, as
prescribed
by WPC
Wing from
time to
time,
annually, for
the total amount
of spectrum
assigned
to
Hub/Teleport station,
as
per norms
& rules
of the
WPC Wing.
Besides, the Hub/Teleport
station
owner
will inform
WPC Wing
the full
technical and operations
details of
TV channels
proposed to
be uplinked through
his/her
Hub/Teleport in prescribed
format.
(This clause
is
applicable for
teleports/ uplinking by a
Indian News Agency.)
[10.
RENEWAL OF
EXISTING
PERMISSIONS
10.1.
The existing
permission
holders as
on the date
of issuance
of the
amended
Guidelines on 05.12.2011
will continue
to be
governed by
the terms
and
conditions of permission
as they
existed
prior to
the issuance
of
amendments
on
05.12.2011
till the
expiry of
such permission.
10.2
Renewal of
permission
will be
considered
for a
period of
10 years
at a
time,
subject to
the
condition
that the
channel
should not
have been
found
guilty of
violating the terms
and conditions
of permission
including
violations
of the
programme
and
advertisement
code on
five occasions
or
more.
What
would
constitute a
violation
would be
determined in consultation with
the established self-regulating
mechanisms.
10.3
The renewal
will also
be
subject to
the
permission
holder’s
acceptance
of
all of
the terms
and conditions
of permission
as
the
Government
may
prescribe
by way of
policy
pronouncements from
time
to time.
10.4
At the
time
of
considering the
renewal of
permission
of the
existing permission
holders,
the eligibility
criteria
of
net worth
of
the
company
and experience
of the
top
management
will not
apply.
However,
other terms
and conditions
would
be
applicable
as per
modified
terms
and
conditions of
the permission.
11.
Transfer of
Permission
of Television
Channels
11.1.
The permission
holder
shall not
transfer
the
permission
without
prior approval
of the
Ministry of Information
and
Broadcasting. On
a written
request
from the
permission
holder, the
Ministry shall allow
transfer
of permission
in
case
of
merger/demerger/
amalgamation,
or from
one Group
Company
to another
provided
that such
transfer is
in
accordance
with the
provisions of
the
Companies
Act, and
further
subject
to the fulfillment
of following conditions:
(i)
The new
entities
should be
eligible as
per the
eligibility criteria
including
the net
worth
and should
be security
cleared.
(ii)
The new
entities
should
undertake
to comply
with
all
the
terms
and
conditions
of
permission granted.
12. UPLINKING
OF
TELEVISION
CHANNELS
FOR
VIEWING
ONLY
IN
FOREIGN
COUNTRIES
12.1 TV
channels
operating in
India and
uplinked from India but
meant
only for
foreign viewership are not
required to
comply with
the programme
and advertisement
code of
India. The
concerned
broadcasters will
be required
to ensure
compliance
of the
rules
and regulations of the
target
country
for which
content is
being produced
and uplinked.
However, the
uplinked
content
should
not
contain
anything
which
is
against
the
sovereignty, integrity
and
national
security of
India
as well
as its
relations
with friendly
countries.
For
monitoring
purposes,
these channels
will
be
required
to
preserve the
recordings
of
the proceedings
for at
least six
months
instead of
the present
stipulation of
3
months.]1
