Category: Regulators

Parliamentary Committee: I&B allocations and Plan Execution Strategy

NEW DELHI: A Parliamentary Committee has said it is ‘constrained’ that the quantum allocation for the Information and Broadcasting ministry under the Plan segment so far in the 12th Plan period is insufficient to fulfil the envisaged objectives and has recommended a high level review for requisite enhancement of Plan fund allocation in the ensuing Plan period.

This was particularly so considering the wide mandate of this ministry to reach out to the billion plus population of the country, the Standing Committee for Information Technology which examines issues relating to I&B said.

A scrutiny of trend of utilization of Plan funds during the four years of the 12th Plan Period (2012-13 to 2015-16) indicates that a sum of Rs 2,802.72 crore was spent against the Budget Estimate (BE) allocation of Rs 3,729.53 crore in the corresponding period.

When compared to the Revised Estimate (RE) allocation which was of the order of Rs 2,918 crore for these years, it depicts 96 percent utilization.

The Gross Budgetary Support (GBS) approved for the ministry in the 12th Five Year Plan was Rs 7,583 crore, accounting for 39 percent increase over the 11th Plan allocation.

For the year 2016-17, the Committee said the ministry should take up the matter with the Finance ministry for enhancement of Plan funding at the RE stage. Most importantly, the ministry should also take steps to strengthen its Plan execution strategy so that the fund allocated at the BE stage in the current fiscal is optimally utilized.

The Committee which comprises members of both Houses of Parliament wanted to be apprised of the steps taken by the ministry for overall increase in the allocation of funds and measures taken to scale up financial performance in the year 2016-17.

A close look at the financial performance of the ministry for the year 2015-16 indicated that they were able to spend Rs 734.39 crore on Plan schemes against an outlay of Rs 914.53 crore at the BE Stage.

The reasons for shortfall in utilization of funds during 2015-16 had been broadly attributed to reduction of outlay at the RE stage by the Finance ministry, long processes for procurement of goods and services for Prasar Bharati, and delay in approval of the new schemes for the 12th Five Year Plan period under the sectors particularly in Film and Broadcasting.

The Committee noted that the ministry stated that the low expenditure of Prasar Bharati had poorly reflected on the ministry’s overall expenditure for the year 2015-16. An outlay of Rs 800 crore has been made for financing the Plan schemes of the ministry for the year 2016-17, which is Rs 114.53 crore lesser than the BE allocation made in the year 2015-16. According to the ministry, the overall reduction in allocation of funds would impact financing of the planned schemes.

The Committee which comprises members of both houses of parliament observed that the annual Plan expenditure of the ministry so far during the 12th Plan period, on an average, has been a little over Rs 700 crore.

In its statement, the ministry told the Committee that the GRB for the 11th Plan stood at Rs 5,439 crore for financing the Plan schemes of the ministry. The GBS for the 12th Five Year Plan period was increased by over 39 percent amounting to Rs 7,583 crore during the 12th Plan period. Besides, a provision of Rs 1,000 crore had been kept for Internal and Extra Budgetary Resources (IEBR) by Prasar Bharati for financing the new content development schemes of Prasar Bharati during the 12th Five Year Plan.

The ministry said the increased GBS helped it in achieving various goals and objectives including completion of the New Media Centre and Soochna Bhavan, successfully commemorating 100 years of Indian cinema, launching of Social Media Platform to enable government’s presence and to have direct interface with target audience, increased monitoring capacity of TV channels by the Electronic Media Monitoring Centre, visible increase in community Radio stations, successful completion of Phases I, II, III (substantially) of Cable TV Digitization and launching and operationalization of the Kisan Channel.

The utilization trend of funds during the four years of the 12th Plan (Rs in crores) is:

YEAR	2012-13	2013-14	2014-15	2015-16	Total
BE	905.00	905.00	1005.00	914.53	3729.53
RE	676.00	740.00	752.00	750.00	2918
Expenditure	612.10	715.22	740.78	734.39	2802.74
percent Exp w.r.t RE	91	97	99	98	96 (2012-13 to 2015-16)

May 9, 2016

TDSAT: MSO Honey Sky Vision’s petition against INX News dismissed

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has dismissed a petition by multi-system operator Honey Sky Vision wanting a decree against INX News for certain payments.

Chairman Aftab Alam and member B B Srivastava said, “Since the agreement itself fails to get our acceptance and absence of invoices and proper statement of account, there is no justification for entertaining this petition. Accordingly, we find no merit in the petition and it is accordingly dismissed.”

Honey Sky Vision had filed for issuance of order/decree in its favour and against INX News for an amount of Rs 23,59,560 as the alleged outstanding amount due in lieu of placement of channel News X on its network. Additionally an order awarding interest at the rate of 18 percent in favour of the petitioner had also been sought.

The case of the MSO is that the INX News had entered into an agreement with it for placement of its channel News X on the petitioner’s network. The agreement was for the period 28 September 2011 to 27 September.2012 and for a consideration of Rs. 21 lakh per annum plus service tax as payable.

The MSO claimed it complied with all its obligations; carried/placed News X at desired frequency/band to the complete satisfaction of the respondent whose representatives/officials regularly visited the networks/units of the petitioner in various areas of Delhi.

The petitioner also claims to have raised/provided monthly invoices to the respondent for placement of its channel. However, INX News completely denied all allegations made by the petitioner including execution of any placement agreement between the parties.

The MSO produced copy of a placement agreement which only bore its representative’s signature and not those of INX News. The MSO also failed to produce the invoices it claimed to have raised.

The tribunal, which also examined witnesses, said, “In view of facts emerging on the basis of pleadings, documents and evidences adduced, it is extremely difficult to accept the agreement, in the form it has been produced before us, as a legitimate and validly executed agreement between the petitioner and the respondent. Rather we hold and find that there was no agreement between the petitioner and the respondent.”

May 9, 2016
TDSAT: MSO Honey Sky Vision’s petition against INX News dismissed

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has dismissed a petition by multi-system operator Honey Sky Vision wanting a decree against INX News for certain payments.

Chairman Aftab Alam and member B B Srivastava said, “Since the agreement itself fails to get our acceptance and absence of invoices and proper statement of account, there is no justification for entertaining this petition. Accordingly, we find no merit in the petition and it is accordingly dismissed.”

Honey Sky Vision had filed for issuance of order/decree in its favour and against INX News for an amount of Rs 23,59,560 as the alleged outstanding amount due in lieu of placement of channel News X on its network. Additionally an order awarding interest at the rate of 18 percent in favour of the petitioner had also been sought.

The case of the MSO is that the INX News had entered into an agreement with it for placement of its channel News X on the petitioner’s network. The agreement was for the period 28 September 2011 to 27 September.2012 and for a consideration of Rs. 21 lakh per annum plus service tax as payable.

The MSO claimed it complied with all its obligations; carried/placed News X at desired frequency/band to the complete satisfaction of the respondent whose representatives/officials regularly visited the networks/units of the petitioner in various areas of Delhi.

The petitioner also claims to have raised/provided monthly invoices to the respondent for placement of its channel. However, INX News completely denied all allegations made by the petitioner including execution of any placement agreement between the parties.

The MSO produced copy of a placement agreement which only bore its representative’s signature and not those of INX News. The MSO also failed to produce the invoices it claimed to have raised.

The tribunal, which also examined witnesses, said, “In view of facts emerging on the basis of pleadings, documents and evidences adduced, it is extremely difficult to accept the agreement, in the form it has been produced before us, as a legitimate and validly executed agreement between the petitioner and the respondent. Rather we hold and find that there was no agreement between the petitioner and the respondent.”

May 9, 2016
Plan expenditure of Prasar Bharati mostly goes into technical equipment, Jaitley justifies revised estimates

New Delhi: Around 95% of the Plan expenditure of Prasar Bharati currently involves technical equipment and the endeavour is to provide momentum to technical infrastructure projects, Information and Broadcasting Ministry Arun Jaitley said today.

Answering a question in Parliament about Revised Estimates (REs), he said these are prepared to optimize utilization of allocated funds according to the progress of various projects and time schedule of supply of equipment/works.

Out of the REs during the last three years, reduction in RE during 2013-14 with reference to Budget Estimate (BE) of that year was marginal.

During 2014-15, reduction in RE was largely due to cancellation of tenders received on e-procurement portal, Cancellation of tenders on techno-commercial evaluation, delay in supply of equipment etc.

During the year 2015-16, RE was reduced due to various reasons such as time taken regarding decision on clustering & de-clustering of digital transmitters, non participation of bidders in tendering process etc.

The alternatives available for the technical/technology choices and the plan of action, with the chosen technology, require wide consultations which consume time and, to prevent sub-optimal choices, expenditure is postponed. This, at times, leads to reduction in plan expenditure at RE stage. This also was a contributing factor in the last two years.

Doordarshan follows rules & procedures based on the guidelines given in the Directorate General of Supplies & Disposals (DGS&D) Manual, GFR 2005 and Central Vigilance Commission (CVC) guidelines for procurement of Capital equipment/Turnkey projects on Supply, Installation, Testing and Commissioning (SITC) basis etc.

Tenders are invited through e-procurement mode, as per the mandate of Ministry of Finance, and according to the Standard Bidding Document prescribed by the Prasar Bharati. Ministry/Prasar Bharati have no plans to follow the policy (ies) of private broadcasters in so far as procurement of equipment/finalization of tenders is concerned.

May 6, 2016
Plan expenditure of Prasar Bharati mostly goes into technical equipment, Jaitley justifies revised estimates

New Delhi: Around 95% of the Plan expenditure of Prasar Bharati currently involves technical equipment and the endeavour is to provide momentum to technical infrastructure projects, Information and Broadcasting Ministry Arun Jaitley said today.

Answering a question in Parliament about Revised Estimates (REs), he said these are prepared to optimize utilization of allocated funds according to the progress of various projects and time schedule of supply of equipment/works.

Out of the REs during the last three years, reduction in RE during 2013-14 with reference to Budget Estimate (BE) of that year was marginal.

During 2014-15, reduction in RE was largely due to cancellation of tenders received on e-procurement portal, Cancellation of tenders on techno-commercial evaluation, delay in supply of equipment etc.

During the year 2015-16, RE was reduced due to various reasons such as time taken regarding decision on clustering & de-clustering of digital transmitters, non participation of bidders in tendering process etc.

The alternatives available for the technical/technology choices and the plan of action, with the chosen technology, require wide consultations which consume time and, to prevent sub-optimal choices, expenditure is postponed. This, at times, leads to reduction in plan expenditure at RE stage. This also was a contributing factor in the last two years.

Doordarshan follows rules & procedures based on the guidelines given in the Directorate General of Supplies & Disposals (DGS&D) Manual, GFR 2005 and Central Vigilance Commission (CVC) guidelines for procurement of Capital equipment/Turnkey projects on Supply, Installation, Testing and Commissioning (SITC) basis etc.

Tenders are invited through e-procurement mode, as per the mandate of Ministry of Finance, and according to the Standard Bidding Document prescribed by the Prasar Bharati. Ministry/Prasar Bharati have no plans to follow the policy (ies) of private broadcasters in so far as procurement of equipment/finalization of tenders is concerned.

May 6, 2016
75 violation cases by TV channels in 3 years; Rs 90 crore to prop monitoring: Jaitley

NEW DELHI: Information and Broadcasting minister Arun Jaitley has denied that there is any proposal is under consideration for setting up a separate mechanism for censorshjip of television programmes on the lines of the Central Board of Film Certification.

While stressing that the present mechanisms within the ministry are adequate deal with television channels, he said that action had been taken against television channels in 75 cases of violation of programme or Advertisement Codes from 2013 to 2015. He said no action had been initiated against any channels during 2016.

He said the Cable Television Networks (Regulation) Act 1995 under which the programmes telecast on private satellite TV channels are regulated does not provide for pre-censorship of content broadcast on TV channels. The Act and the rules of 1994 provide for a Programme Code.

All programmes and advertisements telecast on TV channels are required to be in conformity with the prescribed Programme Code and Advertising Code available on ministry’s website www.mib.nic.in.

These codes contain a whole range of principles to be followed by the TV channels for all kinds of programmes including reality shows. Action is taken whenever violation of these codes is brought to the notice of the ministry.

The I and B ministry set up a state-of-art Electronic Media Monitoring Centre (EMMC) in 2008 to look over the content telecast on 50 private satellite television channels on a 24×7 basis. This was gradually increased to 100 and then to 300.

Under the 12th plan (2012-2017), a plan scheme “Strengthening of EMMC” has been sanctioned at a cost of Rs 90 crores to increase the monitoring capacity to 1500 TV channels by the end of Plan period. Accordingly, EMMC is presently monitoring 600 TV channels while work is on to increase the capacity further to 900 TV channels shortly.

The Iand B ministry had constituted an Inter Ministerial Committee (IMC) to regulate content on satellite TV channels on 25 April and amended it in 2011 to include a representative from the Consumer Affairs, Food and Public Distribution Ministry to accord focused attention to consumer related issues. It is headed by the Additional Secretary in the I and B with seven representatives of different ministries as well as a nominee of the Advertising Standards Council of India. The Joint Secretary (Broadcasting) is the Member Convener

May 5, 2016
75 violation cases by TV channels in 3 years; Rs 90 crore to prop monitoring: Jaitley

NEW DELHI: Information and Broadcasting minister Arun Jaitley has denied that there is any proposal is under consideration for setting up a separate mechanism for censorshjip of television programmes on the lines of the Central Board of Film Certification.

While stressing that the present mechanisms within the ministry are adequate deal with television channels, he said that action had been taken against television channels in 75 cases of violation of programme or Advertisement Codes from 2013 to 2015. He said no action had been initiated against any channels during 2016.

He said the Cable Television Networks (Regulation) Act 1995 under which the programmes telecast on private satellite TV channels are regulated does not provide for pre-censorship of content broadcast on TV channels. The Act and the rules of 1994 provide for a Programme Code.

All programmes and advertisements telecast on TV channels are required to be in conformity with the prescribed Programme Code and Advertising Code available on ministry’s website www.mib.nic.in.

These codes contain a whole range of principles to be followed by the TV channels for all kinds of programmes including reality shows. Action is taken whenever violation of these codes is brought to the notice of the ministry.

The I and B ministry set up a state-of-art Electronic Media Monitoring Centre (EMMC) in 2008 to look over the content telecast on 50 private satellite television channels on a 24×7 basis. This was gradually increased to 100 and then to 300.

Under the 12th plan (2012-2017), a plan scheme “Strengthening of EMMC” has been sanctioned at a cost of Rs 90 crores to increase the monitoring capacity to 1500 TV channels by the end of Plan period. Accordingly, EMMC is presently monitoring 600 TV channels while work is on to increase the capacity further to 900 TV channels shortly.

The Iand B ministry had constituted an Inter Ministerial Committee (IMC) to regulate content on satellite TV channels on 25 April and amended it in 2011 to include a representative from the Consumer Affairs, Food and Public Distribution Ministry to accord focused attention to consumer related issues. It is headed by the Additional Secretary in the I and B with seven representatives of different ministries as well as a nominee of the Advertising Standards Council of India. The Joint Secretary (Broadcasting) is the Member Convener

May 5, 2016
TDSAT: Sai Prasad Media to pay UCN Cable Rs 67 lakh with 8% interest

NEW DELHI: Sai Prasad Media Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs 67,21,500 with interest at the rate of 8 percent from 28 August 2015 till date of payment for carrying the News Express channel on its network.

Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Sai Prasad Media did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

The tribunal said: “In view of the facts and circumstances as well as documents and evidences available in support of petitioner’s claim, as well as consistent refusal on the part of respondent to present its case by way of nonappearance, we find and hold that the agreement has been acted upon by both sides; albeit only partially by the respondent.”

While UCN Cable had demanded interest at 24 per cent, the Tribunal confined it to 8 per cent but said the payment has to be made within eight weeks.

The petitioner said it had entered into an agreement dated 29 October 2012 with the respondent for the period 1 August to mid-.2013 for carrying the latter’s channel News Express on its network. According to the petitioner, a fresh agreement dated 14 June 2014 was again executed between the petitioner and the respondent for the period 1 April 2014 to 31 March 2015. The consideration money for placement of the news channel (News Express) was Rs 75 lakh excluding applicable service tax.

UCN says it carried the channels from its network and placed them on the desired frequency as mentioned in the agreement; and raised regular invoices upon the respondent. However, the respondent in breach of the terms of the agreement did not make payment of the agreed amount; and the total outstanding as on 31 March 2015 amounted to Rs 67,21,500. The petitioner has also submitted that under the previous agreement as well, Sai Prasad Media had defaulted to the extent of Rs.93,63,328 due and payable to the petitioner till 31 March 2014.

It has been stated that only in pursuance of a notice of 5 March 2014, Sai Prasad Media made a payment of Rs 90,55,038 on 7 April 2014. However, no payment was received from Sai Prasad Media thereafter. It has been stated that another notice dated 18 March 2015 was served upon the respondent for payment of Rs 67,21,500.

The sole witness on behalf of the petitioner Amit Aggarwal, working as manager, Legal in the petitioner company submitted his evidence through affidavit and he has formally proved the documents annexed with the petition. Aggarwal was examined by the Advocate Commissioner and his evidence has been taken on record.

May 5, 2016
TDSAT: Sai Prasad Media to pay UCN Cable Rs 67 lakh with 8% interest

NEW DELHI: Sai Prasad Media Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs 67,21,500 with interest at the rate of 8 percent from 28 August 2015 till date of payment for carrying the News Express channel on its network.

Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Sai Prasad Media did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

The tribunal said: “In view of the facts and circumstances as well as documents and evidences available in support of petitioner’s claim, as well as consistent refusal on the part of respondent to present its case by way of nonappearance, we find and hold that the agreement has been acted upon by both sides; albeit only partially by the respondent.”

While UCN Cable had demanded interest at 24 per cent, the Tribunal confined it to 8 per cent but said the payment has to be made within eight weeks.

The petitioner said it had entered into an agreement dated 29 October 2012 with the respondent for the period 1 August to mid-.2013 for carrying the latter’s channel News Express on its network. According to the petitioner, a fresh agreement dated 14 June 2014 was again executed between the petitioner and the respondent for the period 1 April 2014 to 31 March 2015. The consideration money for placement of the news channel (News Express) was Rs 75 lakh excluding applicable service tax.

UCN says it carried the channels from its network and placed them on the desired frequency as mentioned in the agreement; and raised regular invoices upon the respondent. However, the respondent in breach of the terms of the agreement did not make payment of the agreed amount; and the total outstanding as on 31 March 2015 amounted to Rs 67,21,500. The petitioner has also submitted that under the previous agreement as well, Sai Prasad Media had defaulted to the extent of Rs.93,63,328 due and payable to the petitioner till 31 March 2014.

It has been stated that only in pursuance of a notice of 5 March 2014, Sai Prasad Media made a payment of Rs 90,55,038 on 7 April 2014. However, no payment was received from Sai Prasad Media thereafter. It has been stated that another notice dated 18 March 2015 was served upon the respondent for payment of Rs 67,21,500.

The sole witness on behalf of the petitioner Amit Aggarwal, working as manager, Legal in the petitioner company submitted his evidence through affidavit and he has formally proved the documents annexed with the petition. Aggarwal was examined by the Advocate Commissioner and his evidence has been taken on record.

May 5, 2016
Successful bidders can start FM channels: I and B Ministry

NEW DELHI: Operators who have recently won bids successfully for FM Radio stations have been asked to operationalize their channels as early as possible since “time is money and spectrum sold is still unutilized.”

Information and Broadcasting ministry joint secretary (B-II) Mihir Kumar Singh said this will benefit all stakeholders including the ministry as annual fee realization will also start early.

However addressing a meeting of the FM operators, Singh said the ministry was agreeable to allowing interim set-up subject to the interim stations being in the same premises from where regular CTI is operating; and payments to Prasar Bharati and Broadcasting Engineering Consultants (India) Ltd is made in full according to mutual consent.

The meeting on 27 April was at the instance of four FM Radio operators viz. ENIL, HTML, RBNL and MBL for being allowed to operationalise their fresh FM radio channels from interim set-up till the CTI facility is prepared by BECIL. The ten private FM representatives present also included representatives of Mathrubhumi and DB Corp.

The representatives of the companies were informed that the ministry was cautious in the matter as the operators at Chennai who were earlier given interim set up permission are yet to shift to the CTI facility at Avadi.

Upon enquiry about BECIL’s timelines to complete the CTI facilities, BECIL CMD George Kuruvila said though the target dates for all the cities is September 2016, BECIL would be able to complete CTI facilities for new FM channels in some cities in July-August.

It also agreed to provide city-wise timelines which was done.

All India Radio Resoirces GM (Commercial) AN Sharma said only single dipole, 7/8 inch cable with 3kw transmitter can be allowed for interim set-up. The range of transmission will be 15-20 km.

The operators should arrange for their power supply as Prasar Bharati will not be able to provide additional power required for interim set-up. The operation of interim set-up should not pose any hurdle for the regular CTI facilities being created for new FM channels.

Prasar Bharati was requested to give details of tower aperture, land space and rentals that
it would be willing to share and the pubcaster would so so within two days.

Kuruvila said since the interim set-up will be in the same premises for which SACFA clearance is available, BECIL will inform the WPC on the interim set-up on behalf of the operators.

All the operators sought a week’s time for giving their views and so the next meeting is fixed for 6 May.

May 4, 2016