ITV

Tag: licence

  • MIB seeks details to simply forex payments for broadcasters, teleport ops

    MIB seeks details to simply forex payments for broadcasters, teleport ops

    MUMBAI: In what it says is aimed at further easing norms for doing broadcast business, the government has asked for particulars from TV channels and teleport operators using services of foreign satellites for uplinking and temporary uplinking so payment of foreign exchange processes could be simplified.

    Broadcasters need to provide the name of the company, name of the service provider, name of the country of the service provider, purpose for bandwidth utilization, service order number and validity of agreement, Ministry of Information and Broadcasting said in a recent advisory.

    In 2014, the Ministry of Information and Broadcasting (MIB) advised all broadcast companies and teleport operators to strictly follow the guidelines under the provisions of the FEMA Act 1999 and a notice by the RBI requiring prior approval of the MIB for making remittance of foreign exchange towards availing transponder services on foreign satellite for up-linking of TV channels/teleport services/DSNG operations/temporary events.

    The TRAI has also urged (http://www.indiantelevision.com/regulators/trai/trai-releases-recommendations-on-easing-broadcast-business-180226) the government to simplify the norms regarding licensing and clearance processes for broadcast companies. It even suggested that satellite spectrum allocation must be done through the year for the convenience of broadcasters.

    It asked for streamlining of process for granting permission, giving security clearances within 60 days and setting up an integrated portal for everyone’s convenience.

    Late last year, the ministry had asked TRAI (http://www.indiantelevision.com/regulators/trai/trai-paper-seeks-to-streamline-uplinking-downlinking-norms-171219 )to come up with a new set of rules for uplinking and downlinking norms since the previous one was six years old and technological advances have changed the broadcast sector. One of the key questions was whether there was a need to redefine the meaning of news and current affairs and non-news channels.

  • HC orders stay on MIB’s licence cancellation directive to Alliance Broadcasting

    HC orders stay on MIB’s licence cancellation directive to Alliance Broadcasting

    MUMBAI: The Delhi High Court has ordered a stay on a Ministry of Information and Broadcasting (MIB) directive to a channel where it had withdrawn the channel’s licence stating that it lacked security clearance.

    Alliance Broadcasting had taken MIB to court for the issue since stating that since its security clearance had been withdrawn by the Ministry of Home Affairs (MHA), it was liable to have its licence taken away. It even rejected its application to extend the renewal for 10 years. Further responses on this case have been sought from the MHA and MIB.

    The channel got its licence in 2007 when it was known as Real Estate and in 2014 it rebranded to News7 Tamil. Since then, the channel has maintained its reputation and had even given the required annual licence fee. In November 2017, MIB issued a show cause notice to it. After a joint hearing, the MIB ordered cancellation of its licence due to lack of security clearance certificate.

    While approaching the court, it not only wanted to overturn this but also get its extension of 10 years. It even wants the MHA to disclose the reasons for which its security clearance was rejected.

  • Faced with deadline, MIB says all provisional MSOs will be deemed regular

    NEW DELHI: Faced with just less than one month to go before total switch-off of analogue signals, the Government today decided that all provisional multi-system operators will be deemed as having regular licence for ten years.

    Stressing that the period of ten years commences from the date they got registered as provisisional MSOs, the Government said that this will not apply to MSOs which stand cancelled or cancelled.

    However, if the continuation of registration of any MSO is at any time found to be or considered detrimental to the security of the State then the registration so granted is liable to be cancelled/suspended, the order placed on the Ministry website mib.nic.in specified.

    All other terms and conditions depicted in the provisional registration letter(s) Wlll continue to apply.

    Earlier on 27 January.2017, it had been decided that all registered MSOs are free to operate in any part of the country, irrespective of registration for specified DAS notified areas granted by this Ministry.

    However, they have to submit the details of Headend, SMS, subscribers list and a self-certificate that they are carrying all the mandatory TV Channels, within six months from date of issuance of MSO registration, to the Ministry, failing which the MSO registration is liable to cancelled/suspended.

    Hence, all deemed regular registered MSOs also are required to submit the details to the M/o within six months.

    The Government had itself extended the last date of the last phase of digital addressable system for cable television covering rural India on 31 March 2017.

    According to the Ministry, it had given registration to 1182 MSOs by the end of February 2017, which included 230 which had valid ten-year licences.

  • Licence fee payable to copyright owners; HC ‘no’ to vacate injunction

    Licence fee payable to copyright owners; HC ‘no’ to vacate injunction

    NEW DELHI: The Delhi High Court vacation judge Justice Najmi Waziri has declined to vacate the injunction obtained by Event and Entertainment Management Association (EEMA) from the court earlier this month against collection of licence fees by the Indian Performing Rights Society, the Phonographic Performance Ltd and Novex.

    However, the court gave directions whereby a complete list of performances would be kept for which payments are claimed and these will be subject to the final outcome of the petition by EEMA.

    Earlier, on 23 December 2016, Justice Sanjeev Sachdeva had accepted that IPRS, PPL, and Novex were not registered copyright societies under section 33 of the Copyright Act, and had therefore restrained them from collecting any licence fee from performers or performing societies. He listed the matter for further hearing on 24 April 2017.

    EEMA had filed caveats in the event of these bodies seeking to challenge the restraint order and were therefore present in court when the challenge came up before the vacation bench.

    The vacation bench said for the interim period, EEMA members / the event organizer will provide PPL/IPRS/Novex a list of songs that they intend to play before an event on mail. PPL / IPRS / Novex will thereafter need to confirm in writing if they own the tracks.

    The event organisers will pay the amount before the event as per mutual negotiation with the copyright owner. The License issuing company/entity shall provide proof by way of legal agreements within seven days of the invoice, to the satisfaction of the event organiser. In case the event organiser is not satisfied by the proof provided, a refund can be claimed through the courts. The money will not be appropriated till such time that the matter is mutually resolved  

    Thus, copyright licence fees can only be collected under Section 30 which is reserved for owners of the copyright with the clear proviso that, when called upon to do so, they need to prove their ownership.

    Additionally, PPL/IPRS/Novex were asked to put up a detailed list on their website listing all songs they own, including the names of the authors / producers they have acquired them from along with the dates of validity of the contract till 31 March 2016.

    In addition to this, the licensing companies have to upload the valid legal agreements by which they claim ownership of these tracks by 31 December 2016.

    In the order that came after hearing EEMA counsel Ramji Srinivasan and Ashwani Kumar for the respondents, the Court instructed PPL/IPRS/Novex to set up an online payment gateway within one month of this hearing wherein we will be able to easily obtain permissions online.

    In a statement issued later, EEMA described the order as ‘very positive’ in the direction of transparency and accountability that EEMA and the creative fraternity across the music industry has been fighting for.

    The statement added that EEMA believes that copyright fees should be paid to the rightful creators and owners of copyright in a transparent and reasonable manner so that the rightful owners should receive their due and the rates being charged are logical and reasonable.

    Also Read:

    Court orders stay on music licensing societies from collecting royalties ahead of New Year

     

  • Licence fee payable to copyright owners; HC ‘no’ to vacate injunction

    Licence fee payable to copyright owners; HC ‘no’ to vacate injunction

    NEW DELHI: The Delhi High Court vacation judge Justice Najmi Waziri has declined to vacate the injunction obtained by Event and Entertainment Management Association (EEMA) from the court earlier this month against collection of licence fees by the Indian Performing Rights Society, the Phonographic Performance Ltd and Novex.

    However, the court gave directions whereby a complete list of performances would be kept for which payments are claimed and these will be subject to the final outcome of the petition by EEMA.

    Earlier, on 23 December 2016, Justice Sanjeev Sachdeva had accepted that IPRS, PPL, and Novex were not registered copyright societies under section 33 of the Copyright Act, and had therefore restrained them from collecting any licence fee from performers or performing societies. He listed the matter for further hearing on 24 April 2017.

    EEMA had filed caveats in the event of these bodies seeking to challenge the restraint order and were therefore present in court when the challenge came up before the vacation bench.

    The vacation bench said for the interim period, EEMA members / the event organizer will provide PPL/IPRS/Novex a list of songs that they intend to play before an event on mail. PPL / IPRS / Novex will thereafter need to confirm in writing if they own the tracks.

    The event organisers will pay the amount before the event as per mutual negotiation with the copyright owner. The License issuing company/entity shall provide proof by way of legal agreements within seven days of the invoice, to the satisfaction of the event organiser. In case the event organiser is not satisfied by the proof provided, a refund can be claimed through the courts. The money will not be appropriated till such time that the matter is mutually resolved  

    Thus, copyright licence fees can only be collected under Section 30 which is reserved for owners of the copyright with the clear proviso that, when called upon to do so, they need to prove their ownership.

    Additionally, PPL/IPRS/Novex were asked to put up a detailed list on their website listing all songs they own, including the names of the authors / producers they have acquired them from along with the dates of validity of the contract till 31 March 2016.

    In addition to this, the licensing companies have to upload the valid legal agreements by which they claim ownership of these tracks by 31 December 2016.

    In the order that came after hearing EEMA counsel Ramji Srinivasan and Ashwani Kumar for the respondents, the Court instructed PPL/IPRS/Novex to set up an online payment gateway within one month of this hearing wherein we will be able to easily obtain permissions online.

    In a statement issued later, EEMA described the order as ‘very positive’ in the direction of transparency and accountability that EEMA and the creative fraternity across the music industry has been fighting for.

    The statement added that EEMA believes that copyright fees should be paid to the rightful creators and owners of copyright in a transparent and reasonable manner so that the rightful owners should receive their due and the rates being charged are logical and reasonable.

    Also Read:

    Court orders stay on music licensing societies from collecting royalties ahead of New Year

     

  • MIB gets BSI’s ISO certification for Quality Management Systems

    MIB gets BSI’s ISO certification for Quality Management Systems

    NEW DELHI: The Information and Broadcasting Ministry (I&B) has been conferred the certificate of registration by the British Standard Institute (BSI) for the Quality Management System as required under ISO 9001:2008 in respect of various permissions / licenses issued by the Ministry for the broadcasting, print and films sectors.

     

    These include permission / license for satellite television channels, teleports, multi-system operators, community radio stations, direct-to-home services, publication of Indian editions of foreign, technical and scientific foreign magazines of news and current affairs sector and facsimile edition of foreign newspapers and grant of permission for foreign film producers. 

    The Ministry has been taking several initiatives to bring in more transparency and efficiency in the processes relating to grant of various permissions / licenses to the eligible applicants.

     

    The Ministry has put in place a well defined procedure and measures for ensuring quality of services offered to the customers on the basis of ISO 9001:2008. This will ensure delivery of services by the Ministry in a qualitative manner.  

  • ATV loses telecast licence in Hong Kong; new FTA channel gets licence

    ATV loses telecast licence in Hong Kong; new FTA channel gets licence

    NEW DELHI: The broadcast license of Asia Television (ATV), the territory’s oldest free-to-air TV network group, has been cancelled by the Hong Kong government.

     

    Notice was served on the company this month after a meeting of the Executive Council, Hong Kong’s equivalent of a cabinet of ministers.

     

    At the same time, the government gave formal approval to the license application of new free-to-air broadcaster HKTVE, following the grant of approval-in-principle back in October 2013.

     

    The law requires a one year notice period, which means that ATV’s license will first be extended for three months beyond its scheduled expiry, and then cancelled. The group’s English and Cantonese channels will all cease on 31 March, 2016.

     

    It is the first time in Hong Kong broadcast history that an incumbent has been stripped of its licemse, according to Variety.

     

    The decision, made on the advice of the Communications Authority, capped a dramatic week of announcements and more than five years of turmoil at the group.

     

    ATV used its main evening news bulletin a night before the cancellation to announce that it had been rescued. It said that its main shareholders had agreed to sell their 52 per cent stake to the telecom tycoon Ricky Wong, who in 2008 headed the company for 12 days and whose own broadcast ambitions have been thwarted by the Communications Authority.

     

    But Wong’s HKTV denied that it had reached a deal with the ATV shareholders, and said that talks on 26 March had merely been an exchange of ideas.

     

    This led legislators to interpreted ATV’s broadcast announcement as a desperate attempt to influence the Executive Committee meeting, by suggesting that a rescue was at hand and that ATV’s financial situation would be soon be stabilized. They also said that the broadcast was inaccurate and may have led to the financial markets being deliberately misled.

     

    “Having considered the recommendations of the CA, relevant representations and all relevant latest developments, the Chief Executive in Council decided not to renew ATV’s free TV licence under section 11(5) of the Broadcasting Ordinance,” said Secretary for Commerce and Economic Development, Gregory So.

     

    “The CA considers that the overall performance of ATV is unsatisfactory. Its performance in various aspects has clearly deteriorated after the mid-term review of its licence. The CA has serious doubts as to whether ATV would be capable of making the necessary improvements, and whether it has the financial capability to deliver its investment plans, and indeed to continue its business as a going concern,” So said.

     

    Meanwhile, HKTVE’s licence will be valid for 12 years until 31 March, 2027, subject to a mid-term review in 2021.

     

    Its integrated Cantonese and English channels will commence within 12 months and 24 months respectively after the grant of licence. The Cantonese channel will provide round-the-clock service, while the English channel will broadcast a total of 16 hours of television programmes with two loops of eight hours each.

     

    “We hope that HKTVE’s entry into the free TV market will benefit our audience-at-large with more quality programming choices,” So said. 

     

  • TRAI pulls up broadcasters, MSOs on DAS implementation

    TRAI pulls up broadcasters, MSOs on DAS implementation

    NEW DELHI: Broadcasters were taken to task for their failure to file reports relating to subscribers while multi-system operators (MSOs) were rapped for failure to meet their commitments relating to billing in two separate meetings held with senior officials of the Telecom Regulatory Authority of India (TRAI) held in the first fortnight of this month.
     
    The meeting, with selected broadcasters earlier this month, also saw TRAI officials asking the broadcasters about agreements with MSOs under the reference interconnect offer (RIO).
     
    Broadcasters were also urged to step up awareness among subscribers in phase III and phase IV so that the transition to digital addressable system (DAS) is smooth.
     
    TRAI also urged broadcasters to highlight problems faced by them in the switch-over to DAS and issues relating to connectivity.
     
    In the meeting with MSOs earlier this week, problems relating to issuance of licences were also taken up.
     
    The MSOs were also asked to provide a list of areas not reached by them, an issue that had also been raised at the last DAS Task Force meeting.
     
    A TRAI official told Indiantelevision.com that issues relating to set top boxes were not taken up as they are being dealt with directly by the Information and Broadcasting Ministry.

     

  • 142 MSOs get 10 year DAS licence for specified areas, 26 denied permission

    142 MSOs get 10 year DAS licence for specified areas, 26 denied permission

    NEW DELHI: A total of 11 multi-system operators (MSOs) from  all over the country have been granted permanent registration for 10 years to operate the digital addressable system (DAS) during the last two months, bringing the total number of registered MSOs to 142 as compared by 131, as on 7 November.

    Most of these MSOs had been given provisional permission earlier.

    The MSOs who have received permission after the last list released of 7 November are Karuvai Communications for DAS areas in Tamil Nadu, Ajana Cable Network for DAS notified area of phase III in Vaijapur, Aurangabad in Maharashtra, New Peime Network DAS notified in Dehradun, Haridwar, Tehri Garhwal, Pauri Garhwal, Rudraprayag, Chamoli Garhwal, and Uttarkashi Districts in Uttarakhand; Jai Mata Di Cable Network for DAS notified areas in Mehendergarh, Rewari, Bhiwani & Jhajjar District of Haryana and Alwar & Jhunjhnu Districts of Rajasthan; Onsky Technology for PAN India; Space Television Network for DAS notified area in Municipal Council of Greater Mumbai in phase I and rest of Maharashtra in phase III; Haldwani Digital Services for the State of Uttarakhand; V. R. Cable for the cities of Kanyakumari, Tuticorin and Chennai in Tamil Nadu; Satellite Cable Communication for phase II, III, and IV areas in Pune District and Nasik District; R.D Cable Network for DAS notified area in Canacona, Quepem, Sanguem and Salcettte in Goa; the Orugallu Communications for DAS notified areas under Phase II,  III and IV in Andhra Pradesh and Telangana;

    The list of MSOs who have been refused permission has gone up to 26 from the earlier figure of 22 with four MSOs being denied permission. Some of those in the cancelled list applied as early as March 2013.

    MSO sources, however, said that the approved list was in addition to the 140 whose names had been approved earlier in March last year.

    The Ministry website mib.nic.in has listed the areas and the date from which the MSOs have been given permission.

     

  • MSOs applying for DAS may get extension of four or five weeks, Task Force informed

    NEW DELHI: The deadline for multi-system operators (MSOs) wanting to apply for digital addressable systems (DAS) licence for phase III and IV may be extended by four to five weeks.

     

    This was indicated during the Task Force meeting on DAS held today, presided over by Ministry Additional Secretary J S Mathur and attended among others by the Adviser for DAS, Yogendra Pal.

     

    MSOs were asked to provide detailed seeding plans for the third phase which concludes in December next year.

     

    MSOs who want to complete DAS in their areas even before the last date on a voluntary basis were asked to negotiate directly with broadcasters, and with the subscribers in their respective areas.

     

    When some MSOs and cable operators referred to some ‘cable-dark’ areas – areas not reached by cable operators, the Ministry wanted the MSOs and other stakeholders to identify such areas.

     

    The meeting was held in keeping with an assurance last month that the meeting would be held every month.

     

    In the last meeting that was held on 21 November it was told that a total of 11 crore set top boxes will be needed for the third and final phase of digital addressable system of which only three crore will be for direct-to-home platforms.