POLICY GUIDELINES
FOR DOWNLIKING OF TELEVISION CHANNELS
Ministry of Information and Broadcasting, Government of India, has formulated policy guidelines for downlinking all
satellite television channels downlinked / received / transmitted and re-transmitted in India for public viewing. Consequently, no person/entity shall
downlink a channel, which has not been registered by the Ministry of Information and Broadcasting under these guidelines.
Henceforth, all persons/ entities providing Television Satellite Broadcasting Services (TV Channels) uplinked from other countries
to viewers in India as well as any entity desirous of providing such a Television Satellite Broadcasting Service (TV Channel),
receivable in India for public viewership, shall be required to obtain permission from Ministry of Information and Broadcasting,
in accordance with the terms and conditions prescribed under these guidelines.
The guidelines
are as given below:
1. ELIGIBILITY CRITERIA FOR APPLICANT COMPANIES
1.1
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.
1.2
The applicant company must have a commercial presence in India with its principal place of business in India.
1.3
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.
1.4 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.
1.5 The applicant company should have a minimum net worth as prescribed below:
Item
Required net worth of the Co.
1. For downlinking one Channel
Rs 25 Crores
2. Every Additional Channel
Rs.5.00 Crores
1.6 The applicant company must provide names and details of all the Directors
of the Company and key executives such as CEO, CFO and Head of Marketing etc to get their national security clearance.
1.7
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.
1.8 The Applicant Company should not have been
disqualified from holding such permission under these guidelines.
2. ELIGIBILITY
CRITERIA FOR REGISTRATION OF CHANNELS FOR BEING DOWNLINKED
2.1 Only Companies permitted/eligible for permission to downlink, as per Clause
1 above, shall be eligible to apply for registration of channels.
2.2 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.
2.3 The channel being registered should not have been de registered under these
guidelines at the time of application.
2.4 No News and Current Affairs channel shall be permitted to be downlinked if
it does not meet the following additional conditions:
2.4.1 That it does not carry any advertisements aimed at Indian viewers;
2.4.2 That it is not designed specifically for Indian audiences;
2.4.3 That it is a standard international channel;
2.4.4 That it has been permitted to be telecast in the country of its uplinking by the regulatory authority of that country;
Provided that the Government may waive/modify the condition under clause 2.4.1 on a case-by-case basis.
2.5
For the purposes of these guidelines any channel, which has any element of news or current affairs in its programme
content, will be deemed to be a news and current affairs channel.
2.6
Companies whose channels are being downlinked
at present will be required to comply with all formalities of registration of these channels within 180 days from date of
issue of these guidelines. In addition these companies will be required to obtain the necessary permission for downlinking
their respective channels under these guidelines within 180 days from date of issue of these guidelines.
3.
PERIOD OF REGISTRATION AND PERMISSION
The Ministry
of Information and Broadcasting shall grant registration to each channel for an initial period of 5 years, which shall be
extendable thereafter as per extant Rules. The applicant company will be granted permission for one or more years up to a
maximum of five years, co-terminus with the registration of the channel.
4. REGISTRATION
FEE AND PERMISSION FEE
4.1 The Applicant Company shall pay registration
fee of Rs.25 Lakhs for each channel, which will be payable for the initial registration for a period of five years. Extension
beyond five years shall be again for a period of five years at the above prescribed rate.
4.2 Every company permitted to downlink channels, uplinked from other countries,
into India under these guidelines, shall pay Rs 25 Lakhs
as the initial fee before the signing of the Grant of Permission Agreement. In addition, every company shall pay an amount
of Rs. 25 lakh per channel per annum as the annual fee.
4.3 The company permitted to downlink channels into India under the
uplinking guidelines, shall register every channel separately.
5. BASIC CONDITIONS/OBLIGATIONS
5.1 The Company permitted to downlink registered channels shall comply with the
Programme and Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995.
5.2. The sports channels/sports rights management companies having TV
broadcasting rights shall with immediate effect share their feed with Prasar Bharati for national and international sporting
events of national importance, held in India or abroad, for terrestrial transmission and DTH broadcasting (free-to-air) under
the following conditions:
5.2.1
The events
of national importance shall be determined by the Ministry of Information & Broadcasting in consultation with Ministry
of Sports & Youth Affairs, Prasar Bharati and the concerned sports channels/sports rights management companies. In case of cricket events, these shall include all matches featuring India and the
finals and semi-finals of international competitions.
5.2.2 The above conditions
shall apply to all future events including those covered by existing contracts of broadcasting rights. However, in the case of cricket events whose broadcasting rights have been obtained by sports channels/rights
management companies prior to the issue of the notification in the matter, the rights holders will be obliged to share the
feed for all matches featuring India and finals of international
competitions.
5.2.3 Prasar Bharati shall transmit the feed, free to air, on its terrestrial channel and carried
through the terrestrial network and/or the satellite/DTH mode.
5.2.4 The marketing of the events’ rights (terrestrial as well as satellite/DTH) will be decided
through mutual negotiations between Prasar Bharati and the rights holder. The
marketing rights should go to the party, which offers to maximize the revenue.
5.2.5 Revenue sharing formula of 75:25 in favour of rights holders without any
minimum guarantee/opportunity cost should be applied.
In the event of any dispute, the matter shall be referred to an arbitrator to be appointed by Secretary, Ministry
of Law & Justice out of the approved panel of arbitrators.
5.3 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.
5.4 The applicant company shall submit audited annual accounts of its commercial operations
in India.
5.5 The applicant company shall obtain prior approval of the Ministry of I & B before
undertaking any upgradation, expansion or any other changes in the downlinking and distribution system/network configuration.
5.6 The applicant company shall providesatellite
TV channel signal reception decoders only to MSOs/Cable operatorregistered under the Cable Television Networks (Regulation)
Act 1995 or to a DTHoperator registered under the DTH guidelines issued by Government of India or toan Internet Protocol Television
(IPTV) Service Provider duly permitted undertheir existing telecom license or authorized by Department of Telecom to providesuch
service.
5.7 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.
5.8 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.
5.9 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 I&B, 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.
5.10 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.
5.11 The
applicant company shall give intimation to Ministry of I & B 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.
5.12 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.
5.13 The applicant company shall furnish such information as may be required by the Ministry of I&B
from time to time.
5.14 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 I&B or any other Government agency as and when required.
5.15
The applicant company shall comply with the obligations and conditions
prescribed in the downlinking guidelines issued by the Ministry of I&B, and the specific downlinking permission agreement
and registration of each channel.
5.16 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.
6.OFFENCES AND PENALTIES
6.1 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, 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, 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.
6.2 Subject to the provisions contained in Para 6.1 of these guidelines, 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 Broadcasting shall have the right to impose the following penalties: -
6.2.1 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.
6.2.2 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
6.2.3 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
6.2.4 In the event of failure of the permission holder to comply with the penalties imposed within
the prescribed time, revocation of permission and /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.
6.2.5 In the
event of suspension of permission as mentioned in Para 5.8,5.16 or 6.2, the permission holder
will continue to discharge its obligations under the Grant of Permission Agreement including the payment of fee.
6.2.6 In the event of revocation of permission and /or registration, the fees paid will be forfeited.
6.2.7
All the penalties mentioned above shall be imposed only after giving a written notice to the permission holder.
7. DISPUTE RESOLUTION
7.1 In the event of any question, dispute or
difference arising under the Grant of Permission Agreement or in connection thereof, except as to the matter, the decision
of which is specifically provided under the Grant of Permission Agreement, the same shall be referred to the sole arbitration
of the Secretary, Department of Legal Affairs or his nominee.
7.2 There will be no objection to any such appointment that the Arbitrator is a
Government servant. The award of the arbitrator shall be final and binding on
the parties. In the event of such Arbitrator, to whom the matter is originally
referred to, being transferred or vacating his office, or being unable to act for any reason whatsoever, Secretary, Department
of Legal Affairs shall appoint another person to act as Arbitrator.
7.3 The Arbitration and Conciliation Act, 1996, the rules made there under and
any modification thereof, for the time being in force, shall be deemed to apply to the arbitration proceedings as above. The venue of arbitration shall be New Delhi or such
other place as the Arbitrator may decide. The arbitration proceedings shall be
conducted in English language.
7.4 Upon any and every reference as aforesaid, the assessment of costs, interest and incidental expenses
in the proceedings for the award shall be at the discretion of the Arbitrator.
8. PROCEDURE FOR GRANT OF
PERMISSION AND REGISTRATION OF CHANNELS
8.1 The applicant company shall apply to the Secretary, Ministry of Information
and Broadcasting in the prescribed Performa along with full details and documentation relevant for evaluating its eligibility
for grant of permission to downlink TV channels in India. Each application
form shall be accompanied by a demand draft of Rs. Ten Thousand towards non-refundable
processing fee.
8.2 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.
8.3
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.
8.4
In the event of the applicant company and the proposed channel being found
suitable, the Ministry of Information and Broadcasting will register the channel and the applicant company to enter into a
grant of permission agreement with the Ministry of Information and Broadcasting, Government of India.
8.5 On receipt of the signed agreement, 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.
8.6 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 channel’s
signal, for further transmission/retransmission/ distribution.
Note:
No cable operator or DTH service provider shall, after the expiry of 180 days from the date of this notification, carry
or include in his cable/DTH network any television channel that has not been registered under these guidelines. Amendments to this effect in the Cable Television Network Rules 1994 and DTH guidelines are being notified
separately
Government
of India
Ministry
of Information & Broadcasting
‘A’ Wing, Shastri Bhawan, New Delhi,
******
No. 13/2/2002-BP&L/BC-IV
Dated: 21st March, 2006
To,
The Secretary General
(Shri N.P.Nawani)
The Indian Broadcasting Foundation
B-304, 3rd Floor, Ansal Plaza,
Khelgaon Marg,
New Delhi-110049
Subject:
Downlinking Policy : Extension of last date for making applications-reg.
Sir,
I
am directed to refer to your letter dated February
7, 2006 on the above noted subject and to say that the matter was examined in
consultation with M/o Law, Government of India. It is clarified that the stipulated
180 days for compliance with all formalities of registration and obtaining necessary permission for downlinking will be reckoned
from 11th November, 2005 i.e. the date when the Downlinking Policy guidelines were issued/made public, as per clause 2..6 of
Downlinking Guidelines.
Sd/-
(G.R.Raghavender)
Under Secretary to the Govt. of India
Tel. No.23387930
Government
of India
Ministry
of Information & Broadcasting
‘A’ Wing, Shastri Bhawan, New Delhi,
******
No. 13/2/2002-BP&L/BC-IV
Dated: 21st March, 2006
To,
The Star India Pvt. Ltd.
1st Floor, Central Wing, Thapar House,
124, Janpath,
New Delhi-110001
Subject:
Downlinking Policy : Extension of last date for making applications-reg.
Sir,
I
am directed to refer to your letter dated February
7, 2006 on the above noted subject and to say that the matter was examined in
consultation with M/o Law, Government of India. It is clarified that the stipulated
180 days for compliance with all formalities of registration and obtaining necessary permission for downlinking will be reckoned
from 11th November, 2005 i.e. the date when the Downlinking Policy guidelines were issued/made public, as per clause 2..6 of
Downlinking Guidelines.
Sd/-
(G.R.Raghavender)
Under Secretary to the Govt. of India
Tel. No.23387930
F.No.23/2/2005
BC-IV
Government
of India
Ministry
of Information and Broadcasting
Broadcasting
Wing
New Delhi.
Dated: 2nd May 2006
To
The Secretary General,
(Shri. N.P.Nawani)
Indian Broadcasting Federation (IBF),
B- 304, 3rd Floor, Ansal Plaza,
Khelgaon Marg,
New Delhi -110049
Subject:
Downlinking Guidelines: Some clarifications.
Sir,
The
undersigned is directed to inform you that the tabular statement giving clarifications of M/o I&B on the various queries
raised on the downlinking guidelines and application form for information and dissemination amongst television channels in
India have been posted on this Ministry’s web site (http://mib.nic.in) at “Codes & Guidelines –Clarification
on downlinking television channels in India”. It is requested that this
may be informed to all TV channels.
Sd/-
(G.R.Raghavender)
Under Secretary (BC)
Tel.No: 23387930
raghavender_gr@yahoo.co.uk
F.No.23/2/2005
BC-IV
Government
of India
Ministry
of Information and Broadcasting
Broadcasting
Wing
New
Delhi.
Dated: 2nd May 2006
To
Senior Vice President,
Time Warner Inc.,
(Mr. Hugh L Stephens)
International Relations &
Public Policy, Asia Pacific,
30/F, Oxford House, Taikoo Place,
979 King’s Road, Quarry Bay,
Hong Kong
Subject:
Downlinking Guidelines: Some clarifications.
Sir,
The
undersigned is directed to refer to your letter dated 9.3.2006 addressed to Secretary, Ministry of Information and Broadcasting,
Government of India regarding Downlinking Guidelines and to inform you that tabular statement giving clarifications of M/o
I&B on the various queries raised on the downlinking guidelines and application form have been posted on this Ministry’s
web site (http://mib.nic.in) at “Codes & Guidelines –Clarification on downlinking television channels
in India. You may like to refer to the Web-site.
Sd/-
(G.R.Raghavender)
Under Secretary (BC)
Tel.No: 23387930
raghavender_gr@yahoo.co.uk
F.No.23/2/2005
BC-IV
Government
of India
Ministry
of Information and Broadcasting
Broadcasting
Wing
New Delhi.
Dated: 2nd May 2006
To
RMS &Co.
Chartered Accountants,
Habitat India, Tower I, 3rd
Floor,
C- 3, Qutub Institutional Area,
New Delhi -110016
Subject:
Downlinking Guidelines: Some clarifications.
Sir,
The
undersigned is directed to refer to your letter dated 13.4.2006 addressed to Director (BC), Ministry of Information and Broadcasting,
Government of India regarding Downlinking Guidelines and to inform you that tabular statement giving clarifications of M/o
I&B on the various queries raised on the downlinking guidelines and application form have been posted on this Ministry’s
web site (http://mib.nic.in) at “Codes & Guidelines –Clarification on downlinking television channels
in India. You may like to refer to the Web-site.
Sd/-
(G.R.Raghavender)
Under Secretary (BC)
Tel.No: 23387930
raghavender_gr@yahoo.co.uk
ISSUES RAISED ON DOWNLINKING GUIDELINES
AND CLARIFICATIONS THEREON BY MINISTRY OF INFORMATIONAND BROADCASTING, GOVERNMENT OF INDIA
|
Para No. |
Subject
of query |
Corresponding
provision in Guidelines |
Remarks/Reply |
|
Part A col.7 of Application Form |
Whether there is any need to provide details of applicant’s shareholders since each applicant company
is to satisfy net asset value requirements. |
Clause
1(sub-clauses 1.1 –1.8)
|
Yes,
data on majority shareholders is necessary. |
|
Part A col.8.3 (C) (ii) and (vii) |
Section 8.3 ( C ) (ii) is about Pro-rata share of FDI in the
Promoters/Majority shareholders
|
Clause
1.1. |
Yes,
this data is required for ascertaining the foreign equity element. |
|
|
Guidelines are silent on the policy on FDI in the Applicant Company.
It has been presumed that 100% FDI is permitted under the automatic route. Seeking confirmation from M/o I&B. |
-do- |
It is clear from Clause 1.1 that 100 % FDI is permitted. However broadcasting is not on the automatic route,
all proposals for FDI in broadcasting sector are routed through FIPB to Ministry of I & B. |
|
Part A col.9 |
What is the relevance of date October
30, 2005 since it is understood that the applicant company would be required
to maintain the net-worth continuously? |
Not
mentioned in the guidelines |
Net worth requirement is to be met on 30.10.2005 or any date thereafter and continuously. |
|
|
The Guidelines were published until November 2005, and since some of the applicant companies do not have
sufficient net worth to comply with the asset requirement, it is clearly impossible for many applicants to satisfy the net
worth requirement as of October 30, 2005. |
Clause
1.5 |
As
on the date of submission of application for permission under Downlinking guidelines, the applicant company must have requisite
net worth and continue to satisfy the requirement thereafter. |
|
|
|
|
|
|
|
They have requested that the date of 30.10.2005 be deleted and the date of filing be substituted. |
|
-do- |
|
Part B 2(i) and (ii) |
They have referred to an apparent inconsistency between Articles 1.3 and 1.4 of the Guidelines and the above
articles. The applicant company, which does not own the channel being or proposed
to be downlinked to have EXCLUSIVE marketing and distribution rights to the channel.
The Form makes no reference to an exclusivity requirement. The have asked
which one will prevail. |
Clause
1.3 and 1.4 of the guidelines. |
Clause 1.3 says the applicant must either own or enjoy exclusive right for certain purposes. Whereas Clause
1.4 further qualifies that if the applicant has exclusive marketing/distribution rights, it should also have the authority
to conclude contracts for programme content. The word ‘In case’ merely implies that it is obligatory for the applicant
company to possess the authority to conclude contracts, if the owner of the channel is not the applicant. As such there is
no contradiction.
In any case, the guidelines shall
prevail. |
|
|
The requirement for the applicant company to have the authority to conclude contracts on behalf of the
channel for advertisement, subscriptions and program content, where the rights to advertisement and subscription revenues
is already with the Applicant Company, is illogical, redundant and unreasonable interference in the business model of the
applicant company. If the applicant entity has exclusive rights for India, including right to advertisement
and subscription revenues, it will not need any authority to conclude contracts for the same as an agent of the offshore channel,
as it will be contracting for the revenues on its own behalf. |
Clauses
1.3 and 1.4 |
The
two clauses have to be read in harmony. If an applicant company has the exclusive rights to advertising and distribution rights,
than it must also have the right to conclude contracts on behalf of the channel for advertising distribution or programme
content in India. |
|
|
The Form and the Guidelines also reference “ownership” of a channel, and it is not clear what
rights to the channel the applicant must hold in order to qualify as owning the channel. |
The
word owner has not been defined in the guidelines. |
“Owner” is well known, and needs no clarification. However, the owner should hold all IPR and
economic rights to the channel. |
|
|
Is it sufficient that the applicant does not have to share the (marketing and distribution) revenues
it derives in India with the creator of the channel ? It appears that the Ministry intends to force the industry to change
its commercial relationships with offshore channels. Is that a valid policy objective
for the Ministry and what such an objective will achieve? |
|
No
comment. The policy is self-evident. |
|
|
Is it contemplated that for “continuous” monitoring, the Government would be deputing an official
to such premises or would the applicant company need to make such arrangements internally? |
Clause
1.7 |
The applicant company is required to provide a facility
where online monitoring of the content being beamed into India is possible, also the system should have the capacity to store the data for 90 days which should be
available to the Govt at any point of time, in India, at a pre-designated place. The companies need not set up new facilities for this purpose but could
authorize any of their MSO’s or head end operators to provide this facility to Govt. The facility should be open o access
by Govt. at any time. |
|
|
Are there any prescribed parameters as to location and type of the facility/equipment? |
No
specific requirement projected in the guidelines. |
It is only intended that the monitoring facility set up by the applicant company should be capable of
storing material documents for at least 90 days to enable Ministry to screen the contents as and when it wants. The arrangement
may be made at an appropriate and conveniently approachable place within the territory of India. |
|
Part C: 3 and 4 ( c ) |
Many of the trademarks of offshore channels are not yet registered owing to the inordinate delays in the Trademark
Office for processing registrations. Requesting to add “Or has application
for same been made ?” |
Has
no reference in the guidelines |
The
factual status can be stated in reply by the applicant. |
|
|
It is unclear why a foreign telecasting company/overseas trade mark or logo owner would need to have
an agreement with the applicant company for use of such trade mark/logo in India if the applicant company merely has the right
to market or distribute channels. |
This
has reference to clause 1.4 and 1.5 |
The intention is to protect the Intellectual Property rights to the trade mark/logo and trace its authorization
to the applicant company. |
|
Part C: 9(viii) & (ix) |
It is unduly burdensome to require a channel to apply for a waiver/modification if it broadcasts, for example,
one advertisement “aimed at Indian viewers”. We would also request clarification of the requirement for “arguments in support”. They have also requested clarification of the requirement for “arguments in support”/ What arguments are valid here, given that the procedure and underlying criteria for
granting the “waiver/modification” have not been detailed ? What is the extent of such a waiver/modification and
how long would it last ? |
Clause
2.4.1 |
It is not intended that the applicant company will seek permission on each occasion
of transmitting an advertisement aimed at Indian viewers.
The waiver will be based on the facts and circumstances of each case and will be subject to conditions, on
a case-to-case basis. It is for the applicant company to make a case in
its support. It may adduce any such data it consider necessary. Some data has already been sought in the application form. |
|
Part C: 10(ii) |
While broadcasters will ensure that decoders are supplied only to registered distributors, the Guidelines
and the Form do not take into account direct institutional distributors such as hotels, educational institutions, etc. |
Clause
5.6 |
The
applicant company may give details of such recipients also. |
|
|
Seeking confirmation that all applications, information and documentation submitted to it by the applicant
companies will be :
i.
i.
held in strict confidence
ii.
ii.
not divulged to any party outside the M/o I&B and MHA
iii.
iii.
used solely for the purpose of (i) in the case of the M/o I&B, considering and deciding
upon the relevant applicant company’s application for permission to downlink its television channel in India
iv.
iv.
in the case of the MHA considering and deciding upon security clearance issues arising from
such application
(Since it will necessarily contain sensitive, commercially confidential information) |
|
The
information received will be used for official purposes only. |
|
|
Seeking extension by six months in view of the time lapse between announcement of the Guidelines and the establishment
of the registration deadline. |
|
The guidelines stipulate a time of 180 days from 11.11.05 for completion of all formalities of registration,
under downlinking guidelines. However, channels for which even complete applications, with processessing fees are not received
on or before 10.5.2006, shall not be permitted to be downlinked thereafter. |
