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POLICY GUIDELINES FOR UPLINKING OF TELEVISION CHANNELS FROM INDIA
PRELIMINARY

Short title, extent and commencement
(1) These may be called the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 (hereinafter referred to as Guidelines).
(2) It extends to the whole of India.
(3) It shall come into effect from 9th November, 2022.

Definitions
In these Guidelines, unless the context otherwise requires, -
(a) Broadcast Seva means the online portal of the Ministry for receiving, processing and transmitting applications and communication received therein, for making communication with applicants, Government organizations and other persons;
(b) company means a company as defined under the Companies Act, 2013 (18 of 2013);
(c) designated partner means a person as defined in clause (j) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009);
(d) devotional channel means a TV channel, which predominantly broadcasts devotional/spiritual/yoga content, as identified by the Ministry;
(e) Director of a company means a Managing Director, Wholetime/ Executive Director but does not include an Independent Director, as mentioned in Chapter XI of the Companies Act, 2013 (18 of 2013);
(f) DSNG/SNG means Digital Satellite News Gathering and refers to a satellite based electronic technology/equipment that allows a TV channel/Teleport/Teleport hub to broadcast from remote locations outside of a TV studio;
(g) ENG services means Electronic News Gathering and refers to electronic technologies that allows a TV Channel/Teleport/Teleport Hub/news reporter to broadcast from remote locations outside the TV studio using cellular network/internet/leased line or any other medium/equipment (including bag pack), other than by DSNG/SNG;
(h) financial year in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up;
(i) key managerial personnel means a person defined under sub-section (51) of section 2 of the Companies Act, 2013;
(j) LLP means a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009)
(k) Ministry means the Ministry of Information & Broadcasting, Government of India;
(l) national channel means a TV channel other than a regional channel or a devotional channel;
(m) News channel means a private satellite TV channel which predominantly telecasts news and current affairs content programmes;
(n) Non-news channel means a private satellite TV channel other than a news channel;
(o) NOCC means Network Operations Control Centre, Department of Telecommunications;
(p) Non-operational channel means a channel whose signal is not being uplinked and/ or downlinked in India for a continuous period of sixty days, other than for reasons of suspension by the Ministry;
(q) programme code means the Programme Code laid down under the Cable Television Networks (Regulation) Act, 1995 and rules framed thereunder;
(r) regional channel means a TV channel, not being a devotional channel, which is broadcast in an Indian language, other than English or Hindi language;
(s) Shareholding pattern means the number of equity shares of a company held by different investors;
(t) Teleport€ means an earth station facility from where multiple TV channels carrying audio, video content can be uplinked to a geostationary satellite on permitted frequency band, with due approval of WPC;
(u) Teleport Hub€ means set-up of teleports for uplinking of TV channels where multiple antennas are installed for different satellites, and for each antenna for each satellite, Wireless Operating License from WPC is required to be obtained;
(v) WPC means Wireless Planning and Coordination, Department of Telecommunications;
(w) €œWorking journalist€ shall have the same meaning as assigned to it under the Occupational Safety, Health and Working Conditions Code, 2020.

GENERAL

Furnishing of Application
(1) A company or an LLP may apply online on Broadcast Seva on payment of processing fees specified in Appendix I, separately for uplinking a news TV channel and uplinking a non-news TV channel from a teleport (s) and satellite (s), as may be specified in the application, subject to fulfillment of the following conditions:

    (a) It has a minimum net worth of an amount specified in Appendix II as on the closing day of the financial year immediately preceding the year in which the application is made, as reflected in its Audited/ unaudited Balance Sheet of that financial year;
    (b) It furnishes, along with the application, the proposed name and logo of the channel along with the Trade Marks Registration certificate regarding the ownership of the name and logo, or the application furnished for such certificate.

    Provided that if the proposed name and logo are not owned or applied for by the company/LLP, then a No Objection Certificate (NOC) from the registered trademark owner, or from a person who has been using the trademark in any class for a continuous period of at least one year immediately prior to the date of NOC and has made an application for registration of the trademark in the relevant class for broadcast, shall be furnished by the company/LLP.

    (c) It fulfills all the terms and conditions laid down in the Foreign Direct Investment (FDI) Policy of the Government of India, as notified by the Department for Promotion of Industry and Internal Trade (DPIIT), from time to time;
    (d) It makes disclosure in its application of all its Shareholders, Loan Agreements and such other Agreements that are finalized.
    (e) It intimates the names, address and details of a person, not being resident of India, who are proposed to be inducted in the Board of Directors of the company.
    (f) It discloses the name, address and details of any foreigner/ NRI to be employed/ engaged in the company/LLP either as a Consultant or by any other designation for more than 60 days in a year, or, as a regular employee.
    (g) Majority of the Directors on the Board of Directors of the company and key managerial personnel and editorial staff of the entity are resident Indians.
    (h) The company/ LLP has complete management control, operational independence and control over its resources and assets and must have adequate financial strength to operate the channel;
    (i) In respect of a news and current affairs channel, the management and control of the applicant company/LLP shall be in Indian hands and its Chief Executive Officer (CEO), and/ or Head of the channel known by any designation, shall be a resident Indian.
(2) The online application shall be processed from the standpoint of eligibility conditions, and shall be subject to clearance and approval by the Department of Space and Ministry of Home Affairs, and wherever considered necessary, by other authorities.
(3) If considered necessary, for reasons to be recorded in writing, the Ministry may cause inspection of the physical premise/location, to ascertain the veracity of the claims made in the application.

Grant of permission
(1) The Ministry shall, preferably within 30 days of receiving clearance and approval of Ministry of Home Affairs and other authorities, and after satisfying itself that the applicant company/LLP is fit for grant of permission, issue a Letter of Intent (LOI), requesting the company/LLP to pay the permission fees for the first year, furnish the Performance Bank Guarantee (PBG) as specified in Appendix III and Security Deposit as mentioned in Appendix IV within the stipulated period
(2) After making the payment of the first year permission fee and furnishing the PBG and Security Deposit, the Ministry shall, preferably within 15 days of receipt of such payment and furnishing of the PBG, grant permission by an order in writing, to the company/LLP for uplinking of the channel for ten years from end of the month in which the channel becomes operational.
(3) The Grant of permission to a company/LLP under sub-para (2) shall be subject to the following conditions :

    (a) It pays the annual permission fees as stipulated in Appendix I, along with interest for late payment, for the time period for which permission is granted;
    (b) It follows the roll out obligation with regard to operationalization of the TV channel as laid down in Appendix III.
    (c) It complies with the special conditions laid down in para 8.
(4) The Ministry may, for reasons to be recorded in writing, refuse to grant permission.Provided that every such refusal shall be communicated to the company/ LLP along with reasons for refusal.
(5) The company/ LLP shall, on operationalisation of the TV channel, inform the Ministry regarding the operational status and provide all its technical parameters to the Ministry or its specified agency.

Special conditions for uplinking a satellite TV channel
(1) The company/LLP which is granted permission to uplink a TV channel under para 7 shall, in addition to the conditions laid down therein, also comply with the following:-

    (a) Uplinking may be done in the Frequency Band specified by the applicant, after due approval of the Ministry and other concerned authorities, subject to the further condition that uplinking in any band (other than C band) shall only be in encrypted mode;
    (b) Adherence to the Programme & Advertising Codes, as laid down in the Cable Television Networks (Regulation) Act, 1995 and the Rules framed there under.
    (c) Adherence to any other Code/ Standards, guidelines/ restrictions prescribed by the Ministry for regulation of content on TV channels from time totime.
    (d) 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.
    (e) Furnish such information, as may be required by the Ministry of Information & Broadcasting from time to time.
    (f) Provide necessary monitoring facility, at its own cost, for monitoring of programmes or their content by the representatives of the Ministry of Information & Broadcasting or any other Government agency as and when required.
    (g) The terms and conditions laid down by Department of Space and WPC Wing, Ministry of Communications including payment of applicable fees/royalty to WPC Wing for use of spectrum.
(2) The Ministry may, for reasons to be recorded in writing, inspect the physical facilities of satellite TV channel, and verify its facilities and documents, and the company/LLP shall allow such inspection.

Renewal of permission
(1) A company/ LLP which is given permission under para 7 may apply, for renewal of permission at least three months prior to the end of the month in which the initial permission is due to expire, online on the Broadcast Seva portal on payment of processing fees specified in Appendix 1.
(2) The permission for renewal will be for a period of ten years and shall be subject to conditions similar to that required for a permission under paras 6, 7 and 8 and to the further condition that the channel is not found guilty of violation of terms and conditions of permission, including the violation of Programme Code or Advertisement Code on five or more occasions during the period of permission.

Appendix I to Guidelines
I. Processing Fee
Applicant company/LLP shall pay processing fee as under:

Sr. No. Types of Permission Amount of fee (in ‚¹)
1. Teleport Ten Thousand
2. TV Channel Ten Thousand
3. News Agency Ten Thousand
4. Change of category of a channel Ten Thousand
5. Change of satellite/teleport Ten Thousand
6. Purchase of DSNG/SNG equipment Ten Thousand
7. Renewal of permission of channel/teleport/news agency Ten Thousand
8. Change of name/logo One lakh

II. Annual Permission Fee
Permission holding companies shall pay Annual Permission Fee as prescribed below:
Sr. No. Types of Permission Annual Permission fee (in ‚¹)
1. Teleport Two lakh per Teleport
2. Uplinking of TV Channel Two Lakh per Channel
3. Downlinking of TV Channel from India Five Lakh per Channel
4. Downlinking of a channel from outside India Fifteen Lakh per Channel
5. Uplinking of a foreign channel from Indian teleport Two Lakh per Channel

III Registration fee for downlinking TV Channels uplinked from other countries:
One time Registration Fee ‚¹ 10 Lakh.

IV Schedule of Payment:
(1) After being held eligible, the Company/LLP shall pay the permission fee for the first year before after the issuance of the Letter of Intent (LOI), only after which permission letter would be issued. The due date for the succeeding year's permission fee would be one year from the date of operationalization of the Teleport/ TV Channel and would have to be deposited 60 days before such fee becomes due.
(2) Annual fee paid after the due date shall attract late fee charges levied at simple interest rate of 1% per month. Incomplete month shall be considered as one month for the purpose of late fee calculation.

V Fees for Live telecast of an event by a non-news channel :
(i) National channel : Rs 1 lakh per channel per day;
(ii) Regional Channel : Rs 50,000 per channel per day
(iii) Devotional channel : No fees for a devotional/spiritual/yoga content

Appendix II to Guidelines
Minimum Networth Requirement

Sr. No. Item Minimum Net Worth (In ‚¹ crore)
1. For first Teleport 3.00
2. For each additional Teleport 1.00
3. For first Non-news & Current Affairs TV Channel 5.00
4. For each additional Non-news & Current Affairs TV Channel 2.50
5. For first News & Current Affairs TV Channel 20.00
6. For each additional News & Current Affairs TV Channel 5.00

Appendix-III to Guidelines
Roll Out Obligations and Performance Bank Guarantee

Sl. No. Type of Permission Roll Out Obligations
1. Teleport
  • After being held eligible, the applicant company/LLP shall furnish a Performance Bank Guarantee (PBG) for ‚¹ 25 lakh for each teleport, before issuance of permission letter, in the format as specified by the Ministry for fulfilling the rollout obligation stipulated above, from any scheduled bank in favour of the Ministry of Information and Broadcasting.
  • The company/LLP shall operationalise the teleport within one year from the date of obtaining all necessary clearances from WPC and NOCC.
  • If the teleport is not operationalised within the stipulated period the permission would be liable to be cancelled and the PBG would be liable to be forfeited.
2. TV Channel
  • After being held eligible, the applicant company/LLP shall furnish a Performance Bank Guarantee (PBG) of ‚¹ 1 crore (for Non-news & Current Affairs channel)/ ‚¹ 2 crore (for News and Current Affairs Channel) from any scheduled bank for each News/ Non-News and Current Affairs channel, before issuance of permission letter, in the format as specified by the Ministry for fulfilling the rollout obligation.
  • The applicant company/LLP shall operationalize the permitted TV Channel within one year from the date of obtaining all necessary clearances from WPC and NOCC.
  • If the channel is not operationalized within the stipulated period, the permission will be liable to be cancelled and the PBG will be liable to be forfeited.
3. SNG/ DSNG
  • After being held eligible, the applicant company/LLP shall furnish a Performance Bank Guarantee (PBG) for ‚¹ 10 lakhs from any scheduled bank for each SNG/ DSNG van, before issuance of permission letter, in the format as specified by the Ministry for fulfilling the rollout obligation as stipulated above in favour of the Ministry of Information and Broadcasting.
  • The applicant company/LLP shall operationalise the SNG/DSNG within six months from the date the permission is granted by the Ministry of Information and Broadcasting.
  • If the SNG/ DSNG van is not operationalised within six months, the permission would be liable to be cancelled and the PBG would be liable to be forfeited.

Appendix IV to Guidelines
Security Deposit
After being held eligible, the applicant company/LLP shall furnish the security deposit as prescribed below:

Sr. No. Types of Permission Security Deposit (in ‚¹)
1. Teleport Four lakhs per Teleport
2. Uplinking of TV Channel Four Lakhs per Channel
3. Downlinking of TV Channel from India Ten Lakhs per Channel
4. Downlinking of a channel from outside India Thirty Lakhs per Channel
5. Uplinking of a foreign channel from Indian teleport Four Lakhs per Channel
The Security Deposit will be refunded to the applicant due to expiration, withdrawal, cancellation or termination of permission after adjustment of outstanding dues, if any.

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POLICY GUIDELINES FOR DOWNLINKING OF TELEVISION CHANNELS FROM INDIA
PRELIMINARY

Short title, extent and commencement

  1. These may be called the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 (hereinafter referred to as Guidelines).

  2. It extends to the whole of India.

  3. It shall come into effect from 9th November, 2022.
Definitions

In these Guidelines, unless the context otherwise requires -

(a) Broadcast Seva means the online portal of the Ministry for receiving, processing and transmitting applications and communication received therein, for making communication with applicants, Government organizations and other persons;

(b) company means a company as defined under the Companies Act, 2013 (18 of 2013);

(c) designated partner means a person as defined in clause (j) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009);

(d) devotional channel means a TV channel, which predominantly broadcasts devotional/spiritual/yoga content, as identified by the Ministry;

(e) Director of a company means a Managing Director, Wholetime/ Executive Director but does not include an Independent Director, as mentioned in Chapter XI of the Companies Act, 2013 (18 of 2013);

(f) DSNG/SNG means Digital Satellite News Gathering and refers to a satellite based electronic technology/equipment that allows a TV channel/Teleport/Teleport hub to broadcast from remote locations outside of a TV studio;

(g) ENG services means Electronic News Gathering and refers to electronic technologies that allows a TV Channel/Teleport/Teleport Hub/news reporter to broadcast from remote locations outside the TV studio using cellular network/internet/leased line or any other medium/equipment (including bag pack), other than by DSNG/SNG;

(h) financial year in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up;

(i) key managerial personnel means a person defined under sub-section (51) of section 2 of the Companies Act, 2013;

(j) LLP means a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009)

(k) Ministry means the Ministry of Information & Broadcasting, Government of India;

(l) national channel means a TV channel other than a regional channel or a devotional channel;

(m) News channel means a private satellite TV channel which predominantly telecasts news and current affairs content programmes;

(n) Non-news channel means a private satellite TV channel other than a news channel;

(o) NOCC means Network Operations Control Centre, Department of Telecommunications;

(p) Non-operational channel means a channel whose signal is not being uplinked and/ or downlinked in India for a continuous period of sixty days, other than for reasons of suspension by the Ministry;

(q) programme code means the Programme Code laid down under the Cable Television Networks (Regulation) Act, 1995 and rules framed thereunder;

(r) regional channel means a TV channel, not being a devotional channel, which is broadcast in an Indian language, other than English or Hindi language;

(s) Shareholding pattern means the number of equity shares of a company held by different investors;

(t) Teleport€ means an earth station facility from where multiple TV channels carrying audio, video content can be uplinked to a geostationary satellite on permitted frequency band, with due approval of WPC;

(u) Teleport Hub€ means set-up of teleports for uplinking of TV channels where multiple antennas are installed for different satellites, and for each antenna for each satellite, Wireless Operating License from WPC is required to be obtained;

(v) WPC means Wireless Planning and Coordination, Department of Telecommunications;

(w) €œWorking journalist€ shall have the same meaning as assigned to it under the Occupational Safety, Health and Working Conditions Code, 2020.

Furnishing of Application
  1. A company or an LLP may apply online on the Broadcast Seva on payment of processing fees specified in Appendix I for downlinking a TV channel, subject to fulfillment of the following conditions:

    2. (i) It has a minimum net worth of an amount specified in Appendix II as on the closing day of the financial year immediately preceding the year in which the application is made, as reflected in its Audited/unaudited Balance Sheet of that financial year;

    (ii) It has a commercial presence in India with its principal place of business in India;

    (iii) It must either own the channel, or must enjoy, for the territory of India, exclusive marketing/ distribution rights for the same, inclusive of the rights to the advertising and subscription revenues for the channel and must submit proof at the time of application.

    Provided that where the company/LLP has exclusive marketing/ distribution rights, it should also have and habitually exercise in India, an authority to conclude contracts on behalf of the owner of the channel or habitually conclude contracts or habitually play the principal role leading to conclusion of contracts by the owner of the channel and contracts are

      (a) In the name of the owner of the channel; or

      (b) For the transfer of the ownership of, or for the granting of the right to use, property owned by the owner of the channel or that the owner of the channel has the right to use; or

      (c) For the provision of services by the owner of the channel.

    (iv) It fulfills all the terms and conditions laid down in the Foreign Direct Investment (FDI) Policy of the Government of India, as notified by the Department for Promotion of Industry and Internal Trade (DPIIT), from time to time;

    (v) It provides names and details of all the Directors of the Company and its Key managerial personnel

    (vi) It furnishes technical details such as Nomenclature, Make, Model, Name and Address of the Manufacturers of the equipments/ instruments to be used for downlinking and distribution, the Block schematic diagram of the downlinking and distribution system and also demonstrate the facilities for monitoring and storing record for 90days.

    (vii) It has not been disqualified from holding such permission under these Guidelines, or the Guidelines of 2011 or of 2005 relating to downlinking of TV channels;

    (viii) The downlinked channel must be licensed or permitted for being broadcast by the regulatory or licensing authority of the country of transmission, proof of which would have to be submitted at the time of application.

  2. The online application shall be processed from the standpoint of eligibility conditions, and shall be subject to clearance and approval by the Ministry of Home Affairs, and wherever considered necessary, of other authorities.

Grant of permission

  1. The Ministry shall, preferably within 30 days of receiving clearance and approval of Ministry of Home Affairs and other authorities, and after satisfying itself that the proposed channel is suitable for public viewing in India and the applicant company/LLP is fit for approval, grant permission by an order in writing, to the company/LLP for downlinking a TV channel.

  2. Permission under this para for downlinking a channel, which is uplinked from other countries, shall be for ten years from end of the month in which the permission is issued.
    Provided that in respect of a TV channel that has been uplinked from India , the permission for downlinking will be co-terminus with the permission for uplinking of the TV channel granted under para 7.

  3. The Grant of permission to a company/LLP shall be subject to the following conditions:
    It pays the Annual permission fees from the year in which the TV channel becomes operational, of an amount specified in Appendix I, including interest on late payment of the fees, as specified in Appendix I, and operationalises the channel within one year of the permission. It shall also furnish Security Deposit as mentioned the Appendix IV within specified period.   The company/LLP seeking permission to downlink channels, uplinked from other countries, into India under these guidlines shall also pay a one time registration fee of an amount as specified in Appendix I at the time of grant of permission, and where such a channel is news and current affairs channel, such channel(i) is not designed specifically for Indian audience; (ii) is a standard international channel; and (iii) is permitted to be telecast in the country of its uplinking by the regulatory authority of that country;

  4. It shall comply with the Programme and Advertising Code prescribes under the Cable Television Networks(Regulation) Act, 1995.

  5. It shall ensure compliance to the provisions of Sports Broadcasting Signals (Mandatory sharing with Prasar Bharti) Act, 2007 (11 of 2007) and the rules, Guidelines, Notifications issued thereunder

  6. It shall adhere to any other Code/ Standards, guidlines/ restrictions prescribed by the Ministry of regulation of content on TV channels from time to time.

  7. It shall provide Satellite TV Channel signal reception decoder to MSOs/Cable Operators registered under the Cable Television Networks(Regulation) Act 1995 or to a DTH operator registered under the DTH guidlines issued by Government of India or to an Internet Protocol Television (IPTV) Service Provider duly permitted under their existing Telecom License or authorized by Department of Telecommunications or to a HITS operator duly permitted under the policy guidlines for HITS operators issued by the Ministry;

  8. It shall obtain prior approval of the Ministry before undertaking any upgradation , expansion or other changes in the downlinking and distribution system/network configuration.

  9. It shall obtain prior approval of the Ministry before undertaking any upgradation , expansion or other changes in the downlinking and distribution system/network configuration.

  10. It shall ensure that any of its channels, which is unregistered or prohibited from being telcast or transmitted or re-transmitted in India, under the Cable Television Network(Regulation) Act 1995 or the DTH guidelines or any other law for the time being in force, cannot be received in India through encryption or any other means.

  11. It shall adhere to the norms, rules and regulations prescribed by any regulatory authority set up to regulate and monitor the broadcast services in the country.

  12. It shall keep a record of programmes downlinked for a period of 90 days and produce the same before any agency of Central Government as and when required.

  13. It shall provide the neccessary monitoring facility at its own cost for monitoring of programmes or content by the representative of the Ministry or any Central Government agency, as and when required.

  14. In the event of any war, calamity/national security concerns, the Cental Government shall have the power to prohibit for a specified period the downlinking/reception/transmission and re-transmission of any or all channels.

  15. The ministry may, for reasons to be recorded in writing, refuse to grant permission.
    Provided that every such refusal shall be communicated to the company/LLP along with reasons for refusal.

  16. The company/LLP shall, on operationalization of the TV channel, inform the Ministry regarding the operational status and provide all its technical parameters to the Ministry or its specified agency.

Renewal of permission


  1. A company/LLP which is granted permission under para 11 may apply for renewal of permission, at least three months prior to the end of the month in which the initial permission is expiring, online on the Broadcast Seva portal on payment of processing fees specified in Appendix I.

  2. The permission for renewal shall be for a period of ten years and shall be subject to condition similar to that required for a permission under para 11, and to the further condition that the channel is not found guilty of voilation of terms and conditions of permission, including the voilation of Programme Code or Advertisement Code on five or more occasions during the period of permission.

Appendix I to Guidelines
I. Processing Fee
Applicant company/LLP shall pay processing fee as under:

Sr. No. Types of Permission Amount of fee (in )
1. Teleport Ten Thousand
2. TV Channel Ten Thousand
3. News Agency Ten Thousand
4. Change of category of a channel Ten Thousand
5. Change of satellite/teleport Ten Thousand
6. Purchase of DSNG/SNG equipment Ten Thousand
7. Renewal of permission of channel/teleport/news agency Ten Thousand
8. Change of name/logo One lakh

II. Annual Permission Fee
Permission holding companies shall pay Annual Permission Fee as prescribed below:
Sr. No. Types of Permission Annual Permission fee (in )
1. Teleport Two lakh per Teleport
2. Uplinking of TV Channel Two Lakh per Channel
3. Downlinking of TV Channel from India Five Lakh per Channel
4. Downlinking of a channel from outside India Fifteen Lakh per Channel
5. Uplinking of a foreign channel from Indian teleport Two Lakh per Channel

III Registration fee for downlinking TV Channels uplinked from other countries:
One time Registration Fee 10 Lakh.

IV Schedule of Payment:
(1) After being held eligible, the Company/LLP shall pay the permission fee for the first year before after the issuance of the Letter of Intent (LOI), only after which permission letter would be issued. The due date for the succeeding year's permission fee would be one year from the date of operationalization of the Teleport/ TV Channel and would have to be deposited 60 days before such fee becomes due.
(2) Annual fee paid after the due date shall attract late fee charges levied at simple interest rate of 1% per month. Incomplete month shall be considered as one month for the purpose of late fee calculation.

V Fees for Live telecast of an event by a non-news channel :
(i) National channel : Rs 1 lakh per channel per day;
(ii) Regional Channel : Rs 50,000 per channel per day
(iii) Devotional channel : No fees for a devotional/spiritual/yoga content

Appendix II to Guidelines
Minimum Networth Requirement

Sr. No. Item Minimum Net Worth (In crore)
1. For first Teleport 3.00
2. For each additional Teleport 1.00
3. For first Non-news & Current Affairs TV Channel 5.00
4. For each additional Non-news & Current Affairs TV Channel 2.50
5. For first News & Current Affairs TV Channel 20.00
6. For each additional News & Current Affairs TV Channel 5.00

Appendix-III to Guidelines
Roll Out Obligations and Performance Bank Guarantee

Sl. No. Type of Permission Roll Out Obligations
1. Teleport
  • After being held eligible, the applicant company/LLP shall furnish a Performance Bank Guarantee (PBG) for 25 lakh for each teleport, before issuance of permission letter, in the format as specified by the Ministry for fulfilling the rollout obligation stipulated above, from any scheduled bank in favour of the Ministry of Information and Broadcasting.
  • The company/LLP shall operationalise the teleport within one year from the date of obtaining all necessary clearances from WPC and NOCC.
  • If the teleport is not operationalised within the stipulated period the permission would be liable to be cancelled and the PBG would be liable to be forfeited.
2. TV Channel
  • After being held eligible, the applicant company/LLP shall furnish a Performance Bank Guarantee (PBG) of 1 crore (for Non-news & Current Affairs channel)/ 2 crore (for News and Current Affairs Channel) from any scheduled bank for each News/ Non-News and Current Affairs channel, before issuance of permission letter, in the format as specified by the Ministry for fulfilling the rollout obligation.
  • The applicant company/LLP shall operationalize the permitted TV Channel within one year from the date of obtaining all necessary clearances from WPC and NOCC.
  • If the channel is not operationalized within the stipulated period, the permission will be liable to be cancelled and the PBG will be liable to be forfeited.
3. SNG/ DSNG
  • After being held eligible, the applicant company/LLP shall furnish a Performance Bank Guarantee (PBG) for 10 lakhs from any scheduled bank for each SNG/ DSNG van, before issuance of permission letter, in the format as specified by the Ministry for fulfilling the rollout obligation as stipulated above in favour of the Ministry of Information and Broadcasting.
  • The applicant company/LLP shall operationalise the SNG/DSNG within six months from the date the permission is granted by the Ministry of Information and Broadcasting.
  • If the SNG/ DSNG van is not operationalised within six months, the permission would be liable to be cancelled and the PBG would be liable to be forfeited.

Appendix IV to Guidelines
Security Deposit
After being held eligible, the applicant company/LLP shall furnish the security deposit as prescribed below:

Sr. No. Types of Permission Security Deposit (in )
1. Teleport Four lakhs per Teleport
2. Uplinking of TV Channel Four Lakhs per Channel
3. Downlinking of TV Channel from India Ten Lakhs per Channel
4. Downlinking of a channel from outside India Thirty Lakhs per Channel
5. Uplinking of a foreign channel from Indian teleport Four Lakhs per Channel
The Security Deposit will be refunded to the applicant due to expiration, withdrawal, cancellation or termination of permission after adjustment of outstanding dues, if any.

PROCEDURE FOR OBTAINING PERMISSION
  • The applicant company can apply to the Secretary, Ministry of Information & Broadcasting, in the prescribed format along with all requisite documents including applicable processing fee must can be paid online through broadcast seva portal, wherever prescribed. 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).
  • As soon as these clearances are received, the applicant would be asked to pay permission fee online through broadcast seva portal and Performance Bank Guarantee as applicable.
  • Further, the applicant company in respect of teleports would be required to sign an agreement titled as a 'Grant of Permission Agreement', in the format Form 2, which is being prescribed separately.
  • 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 an Indian news agency.
  • 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 an Indian News Agency.)
PROCEDURE FOR GRANT OF PERMISSION OF CHANNELS
  • The applicant company shall apply online on broadcast seva portal for grant of permission to downlink Television Channels in India. Each applicant shall pay Rs. Ten Thousand towards non-refundable processing fee online through broadcast seva portal.
  • The applicant company shall also submit full details of each channel being/proposed to be downlinked along with all other documents as prescribed in the guidelines.
  • After scrutiny of the application if the applicant company is found eligible, the same will be sent for security clearance to the Ministry of Home Affairs. In the meanwhile, the Ministry of Information and Broadcasting will evaluate the suitability of the proposed channel for downlinking into India for public viewing
  • In the event of the applicant company and the proposed channel being found suitable, the Ministry of Information and Broadcasting will register the channel. The Ministry of Information and Broadcasting will issue a registration certificate for the concerned channels and grant permission to the applicant company to downlink the relevant channels in India for the prescribed period.
  • On receipt of the permission and upon registration of the channel, the applicant company will be entitled to approach the MSOs/Cable head end operators/DTH Operators for receiving/ downlinking its channels signal, for further transmission/ retransmission/ distribution.
UPLINKING A NON-NEWS & CURRENT AFFAIRS TV CHANNEL

[Note: A Non-News & Current Affairs TV channel means a channel which does not have any element of News & Current Affairs in its programme content.]

Eligibility Criteria
  • The applicant company, irrespective of its ownership, equity structure or management control, would be eligible to seek permission.
  • The Company should have a minimum Net Worth as prescribed below:
Sl.No Item Required Net Worth
1. First TV Channel Rs. 5.0 crore
2. For each additional TV Channel Rs. 2.50 crore
  • 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.
UPLINKING A NEWS & CURRENT AFFAIRS TV CHANNEL

[Note: A News & Current Affairs TV channel means a channel which has any element of News & Current Affairs in its programme content.]

Eligibility Criteria
  • The total direct and indirect foreign investment including portfolio and foreign direct investments into the company shall not exceed 49% 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.
  • 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:
    • In the case of an individual shareholder,
      • The individual shareholder.
      • A relative of the shareholder within the meaning of Section 6 of the Companies Act, 1956.
      • A company/ group of companies in which the individual shareholder/HUF to which he belongs has management and controlling interest.
    • In the case of an Indian company,
      • The Indian company
      • 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.

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • The representation on the Board of Directors of the company shall as far as possible be proportionate to the shareholding.
  • 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.
  • 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.
  • CEO of the applicant company, known by any designation, and/ or Head of the channel, shall be a resident India.
  • The Company should have a minimum net worth as prescribed below:
Item Required Net Worth
First News and Current Affairs TV channel Rs. 20.00 crore
For each additional TV Channel Rs. 5.00 crore
DOWNLINKING A TV CHANNEL
  • ELIGIBILITY CRITERIA FOR APPLICANT COMPANIES
    • The entity applying for permission for downlinking a channel, uplinked from abroad, (i.e. Applicant Company), must be a company registered in India under the Indian Companies Act, 1956, irrespective of its equity structure, foreign ownership or management control. The applicant company must have a commercial presence in India with its principal place of business in India.
    • The applicant company must either own the channel it wants downlinked for public viewing, or must enjoy, for the territory of India, exclusive marketing/ distribution rights for the same, inclusive of the rights to the advertising and subscription revenues for the channel and must submit adequate proof at the time of application.
    • In case the applicant company has exclusive marketing / distribution rights, it should also have the authority to conclude contracts on behalf of the channel for advertisements, subscription and programme content.
    • [The applicant company should have a minimum net worth as prescribed below:
      • Item Required Net Worth
      1. For Downlinking of First (Non-News or News & Current Affairs) Television Channel Rs. 5.0 crore
      2. For Downlinking Each Additional Television Channel Rs. 2.50 crore
    • The applicant company must provide names and details of all the Directors of the Company and key executives such as Chairperson, MD, COO, CEO, CTO, CFO and Head of Marketing, etc. to get their national security clearance.
    • The applicant company shall furnish, technical details such as Nomenclature, Make, Model, Name and Address of the Manufacturers of the equipments/ instruments to be used for downlinking and distribution, the Block schematic diagram of the downlinking and distribution system and also demonstrate the facilities for monitoring and storing record for 90 days.
    • The Applicant Company should not have been disqualified from holding such permission under these guidelines.
    • The minimum net worth requirement for downlinking of additional Television Channels by a Company which held permission(s) for downlinking of a Television Channel as on the date of issuance of the amended Guidelines as on 05.12.2011, would be calculated by applying the net worth norms as they existed prior to the issuance of amended guidelines for the permissions already held on that date, and the revised norms for the additional Television Channel(s).
  • 2. ELIGIBILITY CRITERIA FOR PERMISSION AND REGISTRATION AND OF CHANNELS FOR BEING DOWNLINKED
    • Only Companies permitted/eligible for permission to downlink, as per Clause1 of the policy guidelines, shall be eligible to apply for permission of channels.
    • The downlinked channel must be licensed or permitted for being broadcast by the regulatory or licensing authority of the country of transmission, proof of which would have to be submitted at the time of application.
    • The channel being registered should not have been de registered under these guidelines at the time of application.
    • No News and Current Affairs channel shall be permitted to be downlinked if it does not meet the following additional conditions:
      • That it does not carry any advertisements aimed at Indian viewers;
      • That it is not designed specifically for Indian audiences;
      • That it is a standard international channel;
      • That it has been permitted to be telecast in the country of its uplinking by the regulatory authority of that country;
UPLINKING OF A NEWS AND CURRENT AFFAIR TV CHANNEL
Fee
  • The applicant will pay an amount of Rs. Ten thousands per TV Channel as nonrefundable processing fee online through broadcast seva portal.
  • The applicant company shall pay a permission fee at the rate of Rs. Two lakh per News and Current Affairs TV Channel per annum online through broadcast seva portal.
  • After being held eligible, the applicant Company shall pay the permission fee for the first year before the issuance of permission. The succeeding years permission fee will have to be deposited 60 days before such fee becomes due.
Special Conditions/ Obligations
  • 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.
  • 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.
  • 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.
  • 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 of the uplinking guidelines.
  • 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.
Roll out Obligations
  • 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.
  • 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 roll out 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 canceled and the Performance Bank Guarantee (PBG) shall be forfeited.
UPLINKING OF A NON NEWS AND CURRENT AFFAIR TV CHANNEL
Fee
  • The applicant will pay an amount of Rs. Ten thousands per TV Channel as nonrefundable processing fee online through broadcast seva portal.
  • The applicant company shall pay a permission fee at the rate of Rs. Two lakh per Non-News and Current Affairs channel per annum online through broadcast seva portal.
  • After being held eligible, the applicant Company shall pay the permission fee for the first year before the issuance of permission. The succeeding years permission fee will have to be deposited 60 days before such fee becomes due.
Special Conditions/ Obligations
  • 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.
  • 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.
  • 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.
Roll out Obligations
  • 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.
  • 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 roll out 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 canceled and the Performance Bank Guarantee (PBG) shall be forfeited.
DOWNLINKING OF A TV CHANNEL
FEE
  • The Company seeking permission to downlink channels, uplinked from other countries, into India under these guidelines shall pay a permission fee of Rs 10 lakhs online through broadcast seva portal at the time of grant of permission.
  • The Company shall pay a Permission fee online through broadcast seva portal for Registration of channels under these guidelines as follows: - Rs. 5 lakhs per channel per annum for Downlinking of Television Channel uplinked from India. Rs. 15 lakhs per channel per annum for Downlinking of Television Channel uplinked from abroad.
  • After being held eligible, the applicant Company shall pay the permission fee for the first year before the issuance of permission. The succeeding years permission fee will have to be deposited 60 days before such fee becomes due.
BASIC CONDITIONS/OBLIGATIONS
  • The Company permitted to downlink registered channels shall comply with the Programme and Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995.
  • 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.
  • The applicant company shall adhere to any other Code/Standards guidelines/restrictions prescribed by Ministry of Information & Broadcasting, Government of India for regulation of content on TV channels from time to time.
  • The applicant company shall submit audited annual accounts of its commercial operations in India.
  • The applicant company shall obtain prior approval of the Ministry of Information and Broadcasting before undertaking any upgradation, expansion or any other changes in the downlinking and distribution system/network configuration.
  • The applicant company shall provide Satellite TV Channel signal reception decoders only to MSOs/Cable Operators registered under the Cable Television Networks (Regulation) Act 1995 or to a DTH operator registered under the DTH guidelines issued by Government of India or to an Internet Protocol Television (IPTV) Service Provider duly permitted under their existing Telecom License or authorized by Department of Telecommunications or to a HITS operator duly permitted under the policy guidelines for HITS operators issued by Ministry of Information and Broadcasting, Government of India to provide such service."
  • The applicant company shall ensure that any of its channels, which is unregistered or prohibited from being telecast or transmitted or re-transmitted in India, under the Cable Television Networks (Regulation) Act 1995 or the DTH guidelines or any other law for the time being in force, cannot be received in India through encryption or any other means.
  • The Union Government shall have the right to suspend the permission of the company/registration of the channel for a specified period in public interest or in the interest of National security to prevent the misuse of the channel. The company shall immediately comply with any directives issued in this regard.
  • The applicant company seeking permission to downlink a channel shall operationalise the channels within one year from the date of the permission being granted by the Ministry of Information and Broadcasting failing which the permission will liable to be withdrawn without any notice in this regard. However, the company shall be afforded a reasonable opportunity of being heard before such a withdrawal.
  • The company/channel shall adhere to the norms, rules and regulations prescribed by any regulatory authority set up to regulate and monitor the Broadcast Services in the country.
  • The applicant company shall give intimation to Ministry of Information and Broadcasting regarding change in the directorship, key executives or foreign direct investment in the company, within 15 days of such a change taking place. It shall also obtain security clearance for such changes in its directors and key executives.
  • The applicant company shall keep a record of programmes downlinked for a period of 90 days and to produce the same before any agency of the Government as and when required.
  • The applicant company shall furnish such information as may be required by the Ministry of Information and Broadcasting from time to time.
  • The applicant company shall provide the necessary monitoring facility at its own cost for monitoring of programmes or content by the representative of the Ministry of Information and Broadcasting or any other Government agency as and when required.
  • The applicant company shall comply with the obligations and conditions prescribed in the downlinking guidelines issued by the Ministry of Information and Broadcasting, and the specific downlinking permission agreement and registration of each channel.
  • In the event of any war, calamity/national security concerns, the Government shall have the power to prohibit for a specified period the downlinking/ reception/ transmission and re-transmission of any or all channels. The Company shall immediately comply with any such directions issued in this regard.
Documents for Application for Uplinking & Downlinking, only Downlink, only Uplink of Non News/News &Current Affair TV Channel
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Frequently Asked Questions (FAQs)
  • Ques: What will be the period of permission?

    • Ans: 10 years from the date of issue of permission.

  • Ques: Whether security clearance from MHA is an essential requirement for granting permission?

    • Ans: Yes

  • Ques: What will be the Permission fees per annum for uplink?

    • Ans: Rs 2 Lakh for both News and Non-News current affairs channels

  • Ques: What will be the Registration fee for downlinking of TV Channels being uplinked from Abroad?

    • Ans: For Downlinking of Channels being uplinked from Abroad Rs 10 Lakh.

  • Ques: What will be the annual permission fee for downlink?

    • Ans: Rs 5 Lakh per channel per annum uplinked from India and Rs 15 Lakh per channel per annum uplinked from Abroad.

  • Ques: What is the maximum time taken by Ministry for granting a permission since the date of application received?

    • Ans: Though there is no such fixed timelines as the permission requires security clearance from MHA, comments from DoS and Networth from CA but the ministry tries to grant the permission within 4 months from the date of application received subject to the fulfillment of prescribed conditions.

  • Ques: What is the Networth Requirement for granting permission?

    • Ans: The Networth Requirement is different in different cases i.e. for uplinking, downlinking, news, non-news etc. The same are given in uplinking and downlinking guidelines available on "broadcastseva.gov.in".

  • Ques: Whether there is any provision to impose penalty on the permission holder?

    • Ans: Yes, the following provisions exist in the Guidelines.

    i. Downlinking of TV Channels:
    • In the event of a channel found to have been/being used for transmitting any objectionable unauthorized content, messages, or communication inconsistent with public interest or national security or failing to comply with the directions as per Para 5.8 or Para 5.16 of the Downlinking Guidelines, 2011, 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. Further, Page 5 of 8 the registration of the channel shall be revoked and the channel shall be disqualified from being considered for fresh registration for a period of five years.
    • Subject to the provisions contained in Para 6.1 of Downlinking guidelines, 2011 in the event of a permission holder and/ or channel violating any of the terms and conditions of permission, or any other provisions of the guidelines, the Ministry of Information and (b) Broadcasting shall have the right to impose the following penalties:
      • In the event of first violation, suspension of the permission of the company and/or registration of the channel and prohibition of broadcast up to a period of 30 days.
      • In the event of second violation, suspension of the permission of the company and/or registration of the channel and prohibition of broadcast up to a period of 90 days.
      • In the event of third violation, revocation of the permission of the company and/or registration of the channel and prohibition of broadcast up to the remaining period of permission.
      • In the event of failure of the permission holder to comply with the penalties imposed within the prescribed time, revocation of permission and /or registration and prohibition to broadcast for the remaining period of the permission and disqualification to hold any fresh permission and /or registration in future for a period of five years.
      • In the event of suspension of permission as mentioned in Para 5.8, 5.16 or 6.2 of the Downlinking Guidelines, 2011, the permission holder will continue to discharge its obligations under the Grant of Permission Agreement including the payment of fee.
      • In the event of revocation of permission and /or registration the fees paid will be forfeited.
    • (c) All the penalties mentioned above shall be imposed only after giving a written notice to the permission holder.
    ii. Uplinking of TV Channels:
    • 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 of the Uplinking Guidelines, 2011, 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.
    • (b) Subject to the provisions contained in para 8.1 of of the Uplinking Guidelines, 2011, 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:
      • 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.
      • In the event of second violation, suspension of the permission of the company and prohibition of broadcast up to a period of 90 days.
      • In the event of third violation, revocation of the permission of the company and prohibition of broadcast up to the remaining period of permission.
      • 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.
      • In the event of suspension of permission as mention in Para 5.9 or 8.2 of the Uplinking Guidelines, 2011, the permission holder shall continue to discharge its obligations under the Grant of Permission Agreement including the payment of fee.
      • In the event of revocation of permission, the fees shall be forfeited.
    • All the penalties mentioned above shall be imposed only after giving a written notice to the permission holder.
  • Ques: Do the applicants need to submit hardcopies of application?

    • Ans: No, application has to be submitted online through broadcastseva Portal only.

NOTICE

Title Publish Date
TERMS AND CONDITIONS FOR TEMPORARY UPLINK
  • The permission issued by the Ministry of Information & Broadcasting for temporary uplink is subject to the following conditions:
    • The applicant company should ensure compliance of the terms and conditions of permission of the channel granted permission under the Non-news & Current Affairs category.
    • The applicant company should adhere to the Programme Code prescribed under the Cable Television Network (Regulation) Act, 1995.
    • The uplinking will be done in the permitted band only.
    • The applicant company would maintain the records of the live broadcast for three months and would furnish the same as and when required by the Government.
    • The platform should not be used for airing views which might incite religious sentiments and disturb law and order scenario/communal harmony in the country and under no circumstances, the programme should contain anything that can promote communal attitude and no religious propaganda should be done through the event. No religious sentiments should be hurt by the programmes.
    • The channel permitted under the Non-news & Current Affairs category are not authorized to carry any programmes on News & Current Affairs and/or discussions and/or expressions of opinions thereon.
    • The channel should ensure that the participants in the Programme are suitably advised and conformity to this restriction ensured. The onus of any act of omission and commission on the part of the participants coming within the purview of any violations will lie on the channels.
    • The channel shall ensure that the time permitted for live telecast is not exceeded by any means.
  • The applicant company is required to submit the video footage of contents uplinked live with timings/duration of the live telecast done on completion of the event within a week.
  • Permission is subject to frequency and clearance for site to be issued by Wireless Planning & Coordination Wing. Standing Advisory Committee on Frequency Assignment and approval from any other agency of the Govt., if necessary, which will be responsibility of the concerned channel and the agency providing equipment.
Eligibility to apply to Temporary uplink permission
  • Any TV channel permitted under the category of Non-News & Current Affairs/companies/Individuals/foreign agencies who wish to uplink an event live on Non News and Current Affair Channel are eligible to apply.
DOCUMENTS REQUIRED FOR TEMPORARY UPLINK APPLICATION
  • Authorization letter authorizing the applicant to make an application (applicable in case of companies only)
  • Authorization letter from the event organizer, if not being organized by the applicant
  • Consent letter from the TV Channel on which the live uplink is proposed, if not owned by the applicant.
  • Consent letter from the agency providing equipment for temporary uplink.
  • Valid WPC license for the equipment to be used for temporary uplink
PERMISSION FOR TEMPORARY UPLINK
Temporary Uplink by Indian agencies/Companies/Individuals
  • 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.
  • 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.
  • 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.
  • All Foreign channels, permitted entertainment channels uplinked from India and companies/individuals not covered 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.
  • Only permitted teleport operators and Doordarshan may offer/hire out SNG/DSNG equipments/infrastructures to other broadcasters who are permitted to uplink from India.
  • 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.
  • 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.
  • Uplinking from SNG/DSNG should be in SCPC mode only (only single feed can be uplinked from the SNG/DSNG at a time).
  • The channel would also give an undertaking that the feed collected through SNG/DSNG shall conform to Programme and Advertisement Codes.
  • The use of SNG/DSNG would be permitted only in those areas/regions/states which are not specifically prohibited by MHA.
Temporary Uplink by Foreign news channels/ agencies
  • 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:
    • The applicant is accredited with the Press Information Bureau, Government of India.
    • The applicant undertakes to conform to the Programme and Advertisement Codes.
    • The applicant has a binding agreement with the relevant teleport for the period of permission.
    • 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.