[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.]
Sl.No | Item | Required Net Worth |
---|---|---|
1. | First TV Channel | Rs. 5.0 crore |
2. | For each additional TV Channel | Rs. 2.50 crore |
[Note: A News & Current Affairs TV channel means a channel which has any element of News & Current Affairs in its programme content.]
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.
Item | Required Net Worth |
---|---|
First News and Current Affairs TV channel | Rs. 20.00 crore |
For each additional TV Channel | Rs. 5.00 crore |
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 |
As per Rule 11B of the Cable Television Network Rules 1994, as amended, the eligibility criteria for registration as MSO is as below:
Item | Required Net Worth |
---|---|
For the first Teleport | Rs. 3.00 Crore |
For each additional Teleport | Rs. 1.00 Crore |
Explanation: for the purpose of para 1.7, substantial equity shall mean equity of 10 % or more of paid up equity. Having a substantial equity holding in companies shall constitute a cross holding. Provided that the eligibility conditions stipulated at 1.5, 1.6 and 1.7 will not be applicable in the self-regulation model where the industry-led body, such as, Broadcast Audience Research Council (BARC) itself provides the rating.
As per Rule 5 of the Cable Television Network Rules 1994, as amended and under Rule 2A & requirements of Rule 3 the eligibility criteria for registration as LCO is as below:
An organisation desirous of operating a Community Radio Station (CRS) must be able to satisfy and adhere to the following principles:
Basic objective of the Community Radio broadcasting is to serve the cause of the community in the service area of the Permission Holder by involving members of the community in the broadcast of their programmes. For this purpose community shall mean people living in the zone of the coverage of the broadcasting service of the Permission Holder. The Permission Holder shall provide the services of his CRS on free-to-air basis. Community Radio permission is granted to Not-for-Profit organisations viz. Registered Societies/NGOs/Trusts, recognized educational institutions, Krishi Vigyan Kendras and ICAR institutions.
The following types of organisations shall be eligible to apply for Community Radio licences:
The following shall not be able to run a CRS:
The following types of companies shall not be eligible to apply:-
The financial eligibility of each applicant company shall be assessed on the basis of the following criteria:
City Category in each Region | Minimum Net Worth |
---|---|
D category Cities and cities with population upto 1 lakh | 50 Lakhs |
C category Cities | 1 Crore |
B category Cities | 2 Crore |
A category Cities | 3 Crore |
A+ category Cities | 3 Crore |
All categories of Cities in all regions | 10 Crore |
Illustration: For two or more C category cities in the same region, Net worth of Rs. 1 crore is required. If the two C category cities are in two different regions, Net worth of Rs. 2 crore is required. Region shall mean North or East or South or West region
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 Scheduled Banks and Public Financial Institutions as defined in Section 2(72) of the Companies Act, 2013. The term largest Indian shareholder, used in this clause, will include any or a combination of the following:
For the purpose of this Clause, 窶廬ndian company窶 shall be a company, which must have a resident Indian or a relative as defined under Section 2(77) of the Companies Act, 2013 / 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 matters of the applicant company.
Anyone who is desirous of providing cable television network services as a local cable operator with digital addressable system needs to apply for registration from the registering authority as per the procedure detailed below:
The detailed procedure may please be seen in Cable Television Network Rules 1994.
For every multi-system operator (MSO), who intends to provide cable television network services with digital addressable systems (DAS), it is mandatory to take registration from the Ministry of Information & Broadcasting. The registration procedure as detailed below:
Note: You are advised to refer the Cable Television Networks (Regulations) Act 1995 and Rules framed there under, as amended, for full details.
Letter to Chief Secretaries to develop mechanism for RoW
Guidelines for Right of Way (RoW)
Letter to Chief Secretaries to develop mechanism for RoW
Guidelines for Right of Way (RoW)
Applicant is requested to submit following documents in original to MIB for grant of MSO registration:
Ans: The Applicant Company seeking permission to provide HITS services shall be an Indian Company registered under Indian Company's Act, 2013.
Ans: Broadcasting companies and/or DTH Licensee company(ies) will not be allowed to collectively hold more than 20% of the total paid up equity in the company at any time during the permission period and vice versa.
Further, any entity our person holding more than 20% equity in a HITS permission holder company shall not hold more than 20% equity in any other Broadcasting Company(ies) and/or DTH Licensee and vice-versa. This restriction however will not apply to financial institutional investors.
However, there would not be any restriction on equity holdings between a HITS permission holder company and a MSO/Cable operator company.
Ans:10 years from the date of issue of Wireless Operational License from the Wireless Planning and Coordination (WPC) Wing of the Ministry of Communications.
Ans:The permission granted to the company shall be non-transferrable except with specific and prior approval of the Government.
Ans:Yes. Security clearance is required for the Board of Directors as well as Key Executives of the Company like CEO etc from the Ministry of Home Affairs (MHA).
Ans:
If the HITS permission holder fails to commence uplinking/downlinking operations within a period of one year from the date of issuance of SACFA clearance by the WPC, half of the bank guarantee will be forfeited. If the company fails to do so within 2 years, the full performance bank guarantee will be forfeited.
Ans:The Company shall have a minimum Net Worth of Rs. 10 crore. The Net Worth shall be calculated as per the performa specified and shall be certified by the Statutory Auditor of the Company.
Ans:There is no fixed timeline as several clearances from other departments are required like - Security Clearance from MHA, satellite use clearance from DoS, SACFA clearance from WPC Wing of the Ministry of Communications, net worth from CA etc.
Ans:No annual fee will be required to be paid.
Ans:Wherever technically feasible, the HITS operator may share the platform infrastructure on voluntary basis, in flexible ways, for distribution of TV channels provided that the signals of the HITS platform are distributed to subscribers through Cable operator only and the encryption of signals, addressability and liabilities are not compromised.
Sharing of its transport stream transmitted by HITS platforms, between HITS operators and MSOs will be permitted.
For sharing of infrastructure by HITS operators with MSO, the operator will be allowed sharing only o Indian controlled satellites. However, this sharing of infrastructure arrangement will be subject to clearances form Department of Space, Wireless Planning and Coordination Wing, Network Operations and Control Centre, Department of Telecommunications, Ministry of communications. The HITS platform will not be allowed to be used as teleport for up linking of TV channels.
The amendment order No. N-36012/5/2020-BP&L dated 06.11.2020 provides detailed guidelines for sharing of infrastructure by HITS operators.
Ans:Subject to the provisions contained in paras 6.6, 6.7, 11.1, 11.4, 11.5 and 14.2 of the order No. 9/2/2005-BP&L Volume.III dated 26.11.2009, in the event of the company violating any of the terms and conditions, the Government may suspend the Permission and prohibit the Broadcast for 30 days for first violation, 90 days for second violation and for remaining period of Permission for third violation. Failure to comply with the penalties imposed within the prescribed time may lead to revocation of permission and disqualification to hold any fresh permission for a period of five years.
The permission may also be terminated for non-eligibility or if the Company surrenders the Permission by giving one month advance notice to the Government as well as to all concerned/affected parties.
Ans: 10 years from the date of issue of permission.
Ans: Yes
Ans: Rs 2 Lakh for both News and Non-News current affairs channels
Ans: For Downlinking of Channels being uplinked from Abroad Rs 10 Lakh.
Ans: Rs 5 Lakh per channel per annum uplinked from India and Rs 15 Lakh per channel per annum uplinked from Abroad.
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.
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".
Ans: Yes, the following provisions exist in the Guidelines.
Ans: No, application has to be submitted online through broadcastseva Portal only.
Ans: The Applicant Company seeking License for providing DTH Broadcasting Services in India shall be an Indian Company registered under Indian Company's Act, 1956 or 2013.
Ans: 20 years from the date of issue of Wireless Operational License from the Wireless Planning and Coordination (WPC) Wing of the Ministry of Communications. The DTH license may be renewed by 10 years at a time.
Ans: Yes, security clearance is an essential in respect of Board of Directors as well as key executives of the company such as CEO etc. in consultation with the Ministry of Home Affairs.
Ans:
For new DTH operators: An initial non-refundable entry-fee of Rs.10 crores to the Ministry of Information and Broadcasting.
For existing DTH operators: There will be no entry fee for existing DTH Operators who are holding license as on 30.12.2020.
Ans:
For new DTH operators: A Bank Guarantee from any Scheduled Bank to the Ministry of Information and Broadcasting for an amount of Rs. 5 crores for the first two quarters, and, thereafter, for an amount equivalent to estimated sum payable, equivalent to License fee for two quarters and other dues not otherwise securitised.
For DTH operators holding License as on 30.12.2020: Bank Guarantee from any scheduled bank to the Ministry of Information and Broadcasting for an amount equivalent to estimated sum payable, equivalent to License fee for two quarters and other dues not otherwise securitised.
Ans: There is no such requirement.
Ans: The Licensee shall ensure adherence to the Programme Code (PC) and Advertisement Code (AC), laid down by the Ministry of Information & Broadcasting from time to time. The Licensee shall invariably ensure that the subscribers of the service do not have access to any pornographic channel or to secret/ anti- national messaging and the like. If the Licensee fails to do so, the License shall stand cancelled.
Ans: The Platform Services (PS) are programs transmitted by Distribution Platform Operators (DPOs) exclusively to their own subscribers and does not include Doordarshan channels and registered TV channels. PS shall not include foreign TV channels that are not registered in India. Total number of permitted PS for a DTH operator shall be capped to 5% of the total channel carrying capacity of the DTH operator platform. A one-time non-refundable registration fee of Rs.10,000 per PS channel shall be charged from a DTH operator.
Ans: There is no fixed timeline as several clearances from other departments are required like - Security Clearance from MHA, satellite use clearance from DoS, SACFA clearance from WPC Wing of the Ministry of Communications, net worth from CA etc.
Ans: The Licensee shall pay an annual fee equivalent to 8% of its Adjusted Gross Revenue calculated by excluding GST from Gross Revenue (GR). The Licensee fee is to be paid on quarterly basis the quantum thereof to be equal to the actual License fee payable for the preceding quarter.
Ans: DTH operators willing to share DTH platform and transport stream of TV channels, on voluntary basis would be allowed to do so, wherever technically feasible.
The common hardware for their Subscriber Management System (SMS) and Conditional Access System (CAS) applications can also be voluntarily shared.
Ans: For violation of license conditions, in addition to any other action which may include revocation of license, a penalty upto Rs. 50 crores can be imposed by the Licensor on the Licensee. However, before taking such action the licensing authority will give the Licensee an opportunity of being heard. The decision of the licensing authority shall be final.
Ans: No, application has to be submitted online through broadcastseva Portal only.
Ans: Digital Addressable System is a service in which TV channels are sent over network in digital and encrypted form with addressable feature. Only authorized users can receive channels using a Set-Top-Box (STB) and TV set. The authorization is given by the service provider. This system is able to carry large number of TV channels, radio services and other value added services. In this system, the consumers can choose channels/ services of their choice and pay only for the channels/services that they choose.
Ans: The Multi-System Operator (MSO) and its linked local cable operators (LCOs), DTH (Direct to Home), HITS (Headend in the Sky), IPTV are the service providers in DAS.
Ans: The earlier cable TV system was predominately analog in nature. In case of analog cable TV system, the TV channels were sent in analog and unencrypted form. The analog cable TV system could carry up to 80-100 TV channels only. In the analog system, the consumers did not have an option to choose channels/services of their choice and pay accordingly, rather they had to pay for the entire bouquet of channels offered by the cable operator.
On the other hand, the capacity of a DAS is much higher than the analog cable TV system. A consumer under DAS is able to choose channels/services of his choice and pay accordingly. A Set-Top-Box (STB) is required for receiving the channels in DAS.
As per Cable Television (Networks) Regulation Act, 1995, it is obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through digital addressable system only.
Ans: Both are digital addressable systems. In DTH service, TV channels are directly received by the consumer from the satellite using small dish antennas located at the Customer's premises. In DAS enabled cable TV, the transmission is made through the cable network.
Ans: The DAS offers following benefits to the consumer.
These features, amongst the others, provide a much improved viewing experience to the consumers.
Ans: As mentioned above, as per Cable Television (Networks) Regulation Act, 1995, it is obligatory for every cable operator to transmit or re-transmit programmes of any channel in an encrypted form through digital addressable system only.
For getting the services in DAS, an additional piece of equipment called SetTop Box (STB) is required along with TV set. This set top box will facilitate the consumer to access the encrypted digital television signal carried over DAS.
Ans: "Set top box" (STB) is a device, which is connected to a television set at the consumer premises and which allows a consumer to view encrypted channels of her choice. The basic function of the set top box is to decrypt the channels and to convert the digital signals into analog mode for viewing on television sets. A smart card or viewing card is a part of set top box which allow only those channels to be viewed which are subscribed by the consumer and authorized by the service provider.
Ans: The TV channels carried in DAS cannot be received without STB. The STB can be a stand-alone unit or TV sets can have STB functions integrated into it.
Ans: Yes. DTH and DAS- Cable TV are two independent platforms. One can have DTH as well as cable TV.
Ans: It is mandatory for service providers to transmit or retransmit the Doordarshan channels or the channels operated by or on behalf of the Parliament of India, as specified by the Central Government under section 8 of the Cable Television Networks (Regulation) Act, 1995 (7 of 1995),as amended from time to time, to each subscriber on its network. A list of such mandatory channels is available on www.mib.gov.in
Ans: In case a consumer has more than one television set in her home, she needs to get a separate set top box for each television set.
Ans: No, the consumers can use the same TV set which they have been using for reception of Analog Cable TV. However as mentioned earlier, an STB is required to be connected with the TV set for reception of channels in DAS.
Ans: Digitization of Cable TV distribution makes it possible for each consumer to select TV Channels as per their individual choice. Pursuant to completion of Digitization in March 2017, overhaul of the regulatory framework became essential. Prepared after an extensive consultative process, the new framework empowers the consumers. It takes into account the current techno-commercial factors and also balances the interests of various stakeholders.
Ans:
Ans: 'Network Capacity Fee' means the amount, excluding taxes, payable by a subscriber to the Distributor of television channels for distribution of TV channels subscribed by that subscriber and it does not include subscription fee for pay channel or bouquet of pay channels, as the case may be.
Ans: Yes, FTA channels, as the name suggests, are free. However, Network Capacity Fee is to be paid to the service-provider.
Ans: Yes, subscriber can choose any channels which are available on the platform of the distributor, either in a-la-carte form or bouquet or combination of both.
Ans: The QOS Regulations, 2017 explicitly provides for clarity over the ownership of STB. The framework mandates that distributors should provide STB through an outright purchase scheme, rental scheme and any combinations thereof. The Distributor of television channels or its linked local cable operators, as the case may be, must specify the retail price of STB along with details on guarantee/warranty period
The framework stipulates a minimum guarantee/ warranty of one year under outright purchase scheme. The ownership of such customer premises equipment shall rest with the subscriber.
Under the rental scheme or bundled scheme distributor or a cable operator is responsible for maintaining the Set Top Box. The MSO/ LCO has to maintain the STB in a good working condition for a minimum period of 3 years.
If a consumer wants to subscribe to only 10 pay channels. Whether she/he would be required to pay Network Capacity Fee in addition to price of Pay Channels?Ans: Yes.
Ans: No. Distributor should not discontinue any bouquet or channels in a bouquet subscribed by a subscriber during period for which advance is paid by the subscriber if all the channels forming part of the bouquet is available on its platform.
However if a channel is discontinued from the distribution platform, the subscriber will be provided with appropriate refund for the charges, if any paid in advance.
Ans: The interconnection regulations mandate broadcasters to offer a-la-carte rates to all Distributors. Therefore, Distributors are required to provide channels on a-la-carte basis as well to the subscribers. Any violation of the provisions of regulations will be dealt with as per the provisions of TRAI Act.
Ans: For redressal of complaints, the Distributor shall establish a customer care centre which shall contain toll free customer care number having sufficient number of lines, interactive voice response system having 3 levels. Further, the details of complaints redressal shall be published on its website and also use different means such as SMS, TV scrolls, printing in bills etc.
Ans: Every Distributor of television channels or its linked local cable operator, shall ensure privacy and protection of subscribers' personal information and the same shall not be used for any other purpose except in accordance with law.
Ans: The applicant seeking registration for providing television rating services shall be a company registered in India under the Companies Act, 1956.
Ans:
Ans: 10 years from the date of issue of such registration by the Ministry of Information and Broadcasting.
Ans: The registration granted to the company shall be non-transferable, except with the specific and prior approval of the Ministry of Information and Broadcasting.
However, on a written request from the company, the Ministry shall allow transfer of registration 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 fulfilment of following conditions:-
Ans: Yes. The Company, all Directors on the Board of the Company and such key executives like Managing Director / Chief Executive Officer, Chief Financial Officer (CFO), Chief Security Officer (CSO), Chief Technical Officer (CTO), Chief Operating Officer (COO) as may be specified by the Ministry of Information and Broadcasting from time to time, shall require to be security cleared from the Ministry of Home Affairs, Government of India.
Ans:
Ans: The Company shall have a minimum Net Worth of Rs. 20 crore. The Net Worth shall be calculated as per the prescribed performa and shall be certified by the Statutory Auditor of the Company.
Ans: Every rating agency shall put in place an effective complaint redressal system which should include one or more call centres for the purpose of registering complaints, toll free number with sufficient lines or connections, options for registering complaints online, by email, by post etc and redress complaints within 7 days of receipt of such complaints.
The rating agency also must appoint a nodal officer for grievance redressal, which the complainant can approach if they are not satisfied with the redressal of his grievance by the Call Centre. The Nodal Officer shall resolve or redress the complaints within ten days of the registration such complaints.
Ans: There is no fixed timeline as several clearances from other departments are required like - Security Clearance from MHA, determination of net worth by the CA , submission of Bank Guarantees by the Company after it is found eligible etc.
Ans: No annual fee will be required to be paid.
Ans: Broadcasting on following aspects:
The rating agency shall annually report to the Ministry of Information and Broadcasting on following aspects:
Ans: The rating agency shall set up an internal audit mechanism for ensuring that its internal processes and guidelines issued by the Government are being followed. This shall be conducted quarterly and the report placed on its website.
The rating agency shall get their rating process/system audited annually by a qualified independent auditor. The report of the independent auditor shall be placed on the website of rating agency.
The Ministry of Information and Broadcasting or TRAI reserves the right to audit the systems/procedures/ mechanisms of the rating agency, should such a need arise.
Ans:
Ans: The company shall be required to generate and publish ratings in accordance with these guidelines within 6 months from the date of issue of their registration, failing which the registration so granted shall be cancelled.
The Ministry of Information and Broadcasting may also cancel the registration if ratings are not generated and published by the company continuously for more than 180 days in any continuous period of 365 days for whatsoever reason.
Ans: If the company furnishes false information to the Central Government or TRAI, registration of the company shall be canceled.
Ans: One year from the date of permission subject to validity of WPC licence.
Ans: Yes.
Ans: There is no fees for registration.
Ans: Though there is no such fixed timelines as the permission requires security clearance from MHA, comments from DoS etc. but the ministry tries to grant the permission within 4 months from the date of application received subject to the fulfillment of prescribed conditions.
Ans: No, Networth Requirement. However audited balance sheets and profit & loss account of company are sought by Ministry for a general overview of the company. Only accredition by PIB and the applicant company should be 100% owned by Indian with Indian Management Control are the eligibility requirements.
Ans: Ans: No, application has to be submitted through online mode only.
The Ministry of Information and Broadcasting grants permission in India for:
This online portal "Broadcast Seva" provides online facilities to the applicants for seeking permissions, subsequent change in the permissions and payment of fee. This portal also provides easy communication between the applicant and different stakeholders for faster processing of applications.
A vibrant and open broadcast industry is a pillar of an open and democratic society. In keeping with Honorable Prime Minister's vision of Digital India and Ease of Doing Business, the Ministry of Information and Broadcasting is committed to provide efficient and transparent regime for the growth and management of the Broadcast Sector. Broadcast Seva is our effort in that direction.