GUIDELINES
FOR UPLINKING OF NEW AND CURRENT AFFAIRS
TV CHANNELS FROM INDIA
PREAMBLE
The
Union Government has revised the policy for uplinking
of TV
channels from India, insofar it relates to the News
and Current Affairs channels. Accordingly, the guidelines
for permission/approval for uplinking of News and
Current Affairs TV channels from India, have been
framed for immediate compliance.
Channels
which do not have any news and current affairs content
will, however, continue to be eligible to uplink from
India, irrespective of ownership, equity structure
or management control.
The use of all equipment/platforms for
collection of footage/news by channels uplinked from
outside for specific programme(s)/event(s) of temporary
duration will be entertained on recommendation from
the PIB and permitted on a case to case basis, in
consultation with the Ministry of Home Affairs and
other Ministries/Departments concerned.
I.
APPLICABILITY
·
These
guidelines will apply to existing News and Current
Affairs TV channels uplinked from India as well as
to those proposing to uplink from India.
·
For
the purposes of these guidelines (i) News & Current
Affairs channel means a channel which has any element
of news and current affairs in its programme content;
and (ii) an existing channel means any channel which
has been permitted by the Ministry of Information
& Broadcasting to uplink from India. Existing
channels will be required to conform to these guidelines
within a period of one year from the date of issue
of these guidelines.
II.
ELIGIBILITY CRITERIA
An
applicant company desirous of uplinking news and current
affairs TV channel(s) from India will be considered
eligible, if it fulfils the following criteria:-
-
Foreign equity holding in the applicant company
does not exceed 26% of the total paid up capital,
-
Majority of its Board of Directors are
Resident Indians,
-
CEO of the applicant company, known by
any designation, and/or Head of the channel is
a Resident Indian,
-
News Editor(s) or authority(ies) exercising
editorial control over
news and current affairs programme (s)
of the channel(s) are Resident Indians.
III.
PERIOD OF APPROVAL/PERMISSION
IV. BASIC 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 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 authorised and permitted by
the competent authority, or its content provider(s),
if any, use equipment duly authorised by the competent
authority,
·
It will be obligatory on the part of the company
to take prior permission from the Ministry of Information
& Broadcasting, before effecting any alteration
in the foreign share holding pattern and/or in the
CEO/Board of Directors.
·
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,
·
The company/channel shall undertake to comply
with the Programme & Advertising Codes, as laid
down in the Cable Television Networks (Regulation)
Act, 1995 and the Rules
framed thereunder,
·
It shall keep record of the content uplinked
for a period of 90 days and produce the same before
any agency of the Government, as and when required,
·
It shall furnish such information, as may be
required by the Ministry of Information & Broadcasting,
from time to time,
·
The company/channel shall provide for the necessary
monitoring facility, at its own cost, for monitoring
of programmes or content by the representatives of
the Ministry of Information & Broadcasting or
any other Government agency as and when so required,
·
The applicant company should use transponder
on a satellite in C-Band only and the same should
have been co-ordinated with INSAT system.
·
The applicant company/channel shall comply
with all the terms and conditions of the permission/approval
prescribed by the Ministry of Information & Broadcasting
and failure to comply with any of the terms and conditions
will result in withdrawal of such permission/approval
and suspension/cancellation of the wireless operating
licence issued by the
WPC.
V. PROCEDURE
·
The applicant company shall apply to the Secretary,
Ministry of Information & Broadcasting in triplicate
in the prescribed proforma (Form 2.1) along with affidavits
in Form 2A and 2B and share holding pattern of the
company as per annexures (Table I & II),
·
On receipt of the applications and the affidavit
as mentioned above, if the applicant company is found
eligible, its request will be sent for security clearance
to the Ministry of Home Affairs and for clearance
of usage of satellite to the Department of Space,
·
On receipt of these clearances, the applicant
company will be permitted by the Ministry of Information
& Broadcasting to uplink its channel(s) through
an authorised hub/teleport.
VI. TRANSITORY
ARRANGMENTS
·
Content Providers/Channels who are currently
using VSAT/RTTS/Satellite Video Phone and similar
other infrastructure, which lends itself for use for
uplinking/ point-to-point transfer of content for
broadcast purposes, will be allowed a maximum period
of three months to come within the framework of these
guidelines.
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