ITV

Tag: Television channels

  • Reliance joins the horde of TV channels challenging the 12 minute ad cap in TDSAT

    Reliance joins the horde of TV channels challenging the 12 minute ad cap in TDSAT

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today said a petition by Reliance Big Broadcasting, Mumbai, relating to their television channels will be heard along with other matters challenging issues relating to the ad cap sought to be implemented by the Telecom Regulatory Authority of India (TRAI).

     

    The matters will be heard by the TDSAT on 21 October along with other channels such as Music Xpress, Mastiii, B4U Music, M Tunes and 9XM.

     

    Earlier, TDSAT had accepted an assurance by TRAI not to take any coercive action against television channels from 1 October, when the ad cap of 12 minutes per hour was to have come into force.

     

    In a hearing earlier this week in a similar matter, counsel for TRAI had told TDSAT that an anomalous situation had been created with some channels having accepted the ad cap with effect from 1 October. It was therefore requested that the matter be resolved once for all.

     

    TRAI has so far admitted a large number of matters including one by the News Broadcasters Association (NBA) which seeks to challenge the status quo of TRAI in the matter. That petition had been listed for hearing on 11 November but will now be heard along with the others.

     

    The Tribunal had earlier said that while the channels will maintain weekly records of the advertising time per hour on a weekly basis, they will not be required to submit this to the regulator. Unlike the current practice, the records will only be submitted to TDSAT at the time of the hearing of the case.

     

    At that time, Counsel A J Bhambani for the NBA had said that a delegation of the Indian Broadcasting Foundation (IBF) had submitted a formula to the regulator but that did not preclude the broadcasters from challenging the validity of the regulations.

     

    He also said that this was only a compromise reached between the broadcasters and the regulator and could not form the basis of penal action since it was not a regulation or legal provision.

  • Celebrate I-Day with special programs on TV

    Celebrate I-Day with special programs on TV

    MUMBAI: Flip through a newspaper or television channels, the flavours and colours of the Independence Day are present everywhere. And to celebrate and cash-in on the occasion, the channels across genres are going all out to surpass each other with special programs.

     

    The general entrainment channels which are scrapping amongst themselves for eyeballs have redone their programming line to accomodate these speical shwos. . Star India is spearheading an initiative-Saath Hain Hum Uttarakhand — to muster mass support and gather funds for the flood-ravaged Uttarakhand through a live seven-hour fund-raiser.

     

    The fund raiser that’ll be broadcast on key channels of the Star India network including flagship Star Plus, Life OK, Star Pravah, Star Utsav and Channel V from 12 noon will see participation and performances from Hindi film industry’s stars and television’s most celebrated actors. The network promises it to be the biggest Independence Day spectacle in India.

     

    To counter it, Zee has a special slot from 2.30pm to 5.30pm wherein it will show the best performances from the already aired Qubool Hai Eid Mubarak special episode and Gold awards 2013. Whereas Sony will be betting on films like Ek Tha Tiger and Aashiqui 2 that will be aired at 9.30 and 12.30 pm and 6.30pm respectively. Colors on the occasion will telecast Policegiri twice in the day.

     

    Movie channels, both Hindi and English, will be showing patriotic films (old or new) as well as films which focus on ‘Indianness’.

     

    As for the other genres especially the music channels, nobody wants to miss out on the opportunity as well. Music channels will pay tribute with not only patriotic songs but also through unique programs. For instance, Vh1 has Indian Musical Compass which brings together artists who are divided by states but united by music. The episode which is 12-hour (8am to 8pm) long will feature artists across India representing various regions – Pentagram, Indus Creed, Alobo Naga and the Band, Soulmate, Euphoria, Ska Vengers, A R Rahman, Thermal and a Quarter, Brodha V, Bickram Gosh, Cassini’s Division and many more.

     

    The oldest music channel – MTV – has announced its new take on freedom through Maa Kasam Hindustan with MTV ACT. The initiative will urge the youth to stop being a fence sitter; but to take a stand and take action against issues that concern them. Leading the campaign are actors John Abraham and Nargis Fakhri who along with MTV VJs will take an oath to bring about a change.

     

    The channels from the 9X network too will play blockbuster tunes, a special youthful video titled Azadi Ka Tashan and has also created a whistling version of Hum Hindustani, one of the most popular patriotic songs from Bollywood. This unique project will be aired on 9XM all through the Independence week.

     

    This Independence Day the channels have created a bouquet of colourful programmes to bring out the flavour of India to entertain viewers. So stay tuned!

  • TRAI releases FDI in media consultation paper; seeks industry feedback

    TRAI releases FDI in media consultation paper; seeks industry feedback

    NEW DELHI: Even while reiterating its earlier proposal for increasing foreign direct investment (FDI) in FM Radio to 49 per cent, the Telecom Regulatory Authority of India (TRAI) in its consultation paper today said that permissible FDI in teleports, DTH, HITS, mobile and cable television networks must be raised to 100 per cent.

     

    It took up the FDI issue in the paper following a reference by the Information and Broadcasting Ministry on 22 July. The TRAI has conceded a long-standing demand of news and current affairs television channels by recommending that they should be permitted 49 per cent FDI. Stakeholders have to respond to the paper by 12 August.

     

    However, TRAI has said that in the cases of both FM Radio and news channels where the existing limit is 26 per cent, the clearance would be through the Foreign Investments Promotion Board.

     

    In the case of teleports, DTH, HITS, mobile and cable television networks where the limit was 74 per cent, TRAI says that it can be raised to 100 per cent of which 49 per cent would be automatic and the rest would be through FIPB.

     

    No change has been recommended in the case of downlinking of TV channels and uplinking of general entertainment (non-news) channels where the upper limit is 100 per cent through FIPB.

     

    TRAI says that in its reference, the Ministry had indicated it was re-examining the current FDI policy and liberalising the limits/caps with a view to easing FDI inflow. In this context ministry has requested the Authority to examine the FDI limits of various segments in the broadcasting sector and to furnish its recommendations.

     

    TRAI had earlier given recommendations on the same subject in April 2008 and again on 30 June last year following Ministerial references, on the basis of which changes had been carried out. The last such change was on 20 September 2012.

     

    Currently, the FDI limit in carriage services is 74 per cent , of which 49 per cent is permissible through the automatic route. Any FDI beyond 49 per cent has to go through the FIPB route. The same FDI limits and approval route were prescribed for broadcast carriage services and telecom services on the ground that both are infrastructural services akin to each other and there is a growing convergence between the broadcasting and telecom infrastructures.

     

    The Government is contemplating enhancement in the FDI limit for telecom services to 100 per cent with FDI up to 49 per cent through the automatic route and FDI beyond 49 per cent through FIPB. Carrying the same logic forward, and keeping in mind the fact that the ongoing digitisation of cable TV services in the country would give a big impetus to the convergence of broadcasting and telecom infrastructure, the same limits and route ought to be made applicable to carriage services in the broadcasting sector, it says.

     

    For downlinking of TV channels, no distinction has been made between the two categories while prescribing FDI limits. This is because the ingredients of content can only be controlled at the uplinking end. Hence, 100 per cent FDI is allowed in downlinking of channels in India. However, FIPB approval is required. Further, in case of channels uplinked from a foreign land, additional conditions have been mandated for permitting downlinking in the Policy Guidelines for downlinking of Television Channels dated 11 November 2005.

     

    While granting permissions for uplinking of channels from within the country as well as for downlinking of all channels uplinked from within the country or abroad, the MIB takes security clearance from the Home Ministry. Since content can be sensitive in nature, it is appropriate to have checks and balances at different stages namely to screen for any potential hazard from a national perspective. In view of these considerations, the status quo ought to be maintained regarding the route for approval of any FDI.

     

    For uplinking of TV channels of the non-news and current affairs category, 100 per cent FDI is permitted through the FIPB route. The status quo may continue, TRAI says..

     

    For uplinking of TV channels of news and current affairs category, the existing FDI limit is 26 per cent through the FIPB route. An increase in the FDI limit for news & current affairs channels will enable access to more resources for these channels at competitive rates. These resources can be applied for upgrading news gathering infrastructure and quality of presentation. It could also reduce the dependence of TV channels on advertisement revenue. Therefore, the FDI limit for news & current affairs channels in the uplinking guidelines may be increased from 26 per cent to 49 per cent through the FIPB route.

     

    There are existing provisions in the uplinking guidelines to safeguard management and editorial control in news creation. These include: i) requirement to employ resident Indians in key positions (CEO of the applicant company, three fourth of the Directors on the Board of Directors, all key executives and editorial staff), ii) the largest Indian shareholder should hold at least 51 per cent of the total equity, iii) reporting requirements when any person who is not a resident Indian is employed/ engaged etc.

     

    If the FDI limit in uplinking of TV channels of the news and current affairs category is enhanced to 49 per cent , then as per provision in ii) above the remaining Indian shareholding (51 per cent) would have to be with a single Indian shareholder. The more general issue, on which stakeholders may wish to make suggestions, is whether or not any changes are at all required in these conditions. In fact, a better way to ensure that content deemed undesirable or subversive in nature is not broadcast through TV channels is by having proper content monitoring and regulation through a content code, instead of using FDI limits as the tool for this purpose.

     

    The Government has announced the Phase III of expansion of FM radio. In this phase it is envisaged that 839 new private FM radio stations will come up, expanding the coverage of private FM radio stations from 87 cities to 313 cities. The auction of frequencies for FM radio is likely to be taken up by the Government shortly. Easy availability of capital to operators through multiple sources at competitive rates would ensure better participation in the auction by the operators.

     

    The phase III policy also expands the sphere of activities that can be taken up by the FM radio operators. These include carriage of information pertaining to sporting events, live commentaries of sporting events of a local nature, traffic and weather, cultural events and festivals, examinations, results, admissions, career counselling and employment opportunities, public announcements pertaining to civic amenities like electricity, water supply, natural calamities, health alerts as provided by the local administration etc. For building up of infrastructure for such services, additional investments will be required. Keeping in view all these aspects, the FDI limits may be enhanced from 26 per cent to 49 per cent through FIPB route for the FM radio sector.

     

    In the past, FDI limits for FM radio have been fixed on the same lines as that for TV news channels, on the rationale that FM radio and news and current affairs channels are of a similar nature from the sensitivity point of view. Enhancing the limit to 49 per cent through the FIPB route will also ensure that the FDI policy for FM radio will remain aligned to the FDI policy for uplinking of the news and current affairs channels, which is also being considered for enhancement to 49 per cent through the FIPB route.

     

    The Phase III policy of the Government for FM Radio also prescribes a similar condition for safeguard of managerial control of radio channels as in the guidelines for uplinking of news and current affairs channels. If the FDI limit for FM radio is enhanced to 49 per cent, then, as in the case of news and current affairs channels, the remaining Indian shareholding (51 per cent ) has to be with a single Indian shareholder.

  • I&B suspends Comedy Central & ManoranjanTV for 10 days for alleged content violations

    I&B suspends Comedy Central & ManoranjanTV for 10 days for alleged content violations

    NEW DELHI: Even as the government says it wants to give self-regulation a chance, two television channels – Comedy Central and Manoranjan TV – have been penalised for screening inappropriate content by the information & broadcasting ministry.

     

    The transmission or re-transmission of Comedy Central has been suspended for 10 days from midnight of 25 May for telecast of a show ‘Stand Up Club’ on 26 May last year at 20.52 hrs, while Manoranjan TV has been suspended from midnight 25 May for seven days for showing the film ‘Ek Chatur Naar’ with ‘A’ certificate on the afternoon of 11 February last year.

     

    Thus, Comedy Central will remain off air till 4 June while Manoranjan TV will not be transmitted till 1 June if all goes according to the ministry’s order.

     

    While the Viacom18 company spokesperson for Comedy Central said: “Since the matter is sub-judice, we cannot comment”, there was no response from Manoranjan TV despite repeated attempts. It is understood that a petition challenging the ministry order by Viacom18 is coming up for hearing early next week.

     

    The order says that the show on Comedy Central which had ‘obscene dialogues and vulgar words derogatory of women and hence appeared to offend good taste and decency. The portrayal in the programme did not appear suitable for unrestricted public exhibition and children.’

     

    The I&B’s inter-ministerial committee felt in the case of Manoranjan TV that this was a gross violation of the programme code and the argument of the channel that it happened due to a mistake on part of their staff cannot be accepted. Being a responsible TV channel, it should have put in place appropriate system to avoid such mistakes.

     

    The orders in both cases have been issued under section 20(2) and (3) of the Cable Television Networks (Regulation) Act 1995 and paras 8.1 and 8.2 of the Guidelines for Uplinking from India.

     

    In what is clearly hardening of stand, the I&B’s inter-ministerial committee has penalised five channels in the months of April and May for violation of the programme and advertising codes.

     

    Since one channel, Movies OK, obtained a stay order on the grounds that it had been served the notice too late, the ministry took precaution and had issued the penalty notices to both Comedy Central and Manoranjan TV on 17 May. The other channels penalised were Mahuaa and AXN.

     

    The I&B’s inter-ministerial committee had issued show cause notices to both Comedy Central and Manoranjan channels and also gave them an opportunity to make their representations.

     

  • TV18 to raise Rs 2 billion, open to print entry

    TV18 to raise Rs 2 billion, open to print entry

    MUMBAI: Raghav Bahl-promoted TV18 is raising Rs 2 billion through a fresh equity issue to fund its organic and inorganic expansion plans.

    The company is keen to acquire a business newspaper, completing the chain across television channels, internet and print. Sources say TV18 is eyeing financial daily Business Standard where Uday Kotak is the largest shareholder and the others include Financial Times and Great Eastern Shipping.

    TV18 has mandated HSBC and will raise Rs 2 billion through a qualified institutional placement (QIP). The funds are being kept ready as the company plans to expand its business and is also hunting for opportunities in new areas.

    “We are going for a QIP issue of Rs 2 billion,” confirms TV18 Group managing director Bahl. “We have several expansion plans. We are also looking at an opportunity in the business print space but nothing has come up,” he adds, while defending against any suggestion of pursuing talks with Business Standard.

    The QIP issue will involve a small dilution as regulations make it mandatory for Network 18, the holding company for TV18 and Global Broadcast News (GBN), to own at least 51 per cent in the news ventures. The current holding of Network 18 in TV18 is 53 per cent while in GBN it is 57 per cent (post-IPO).

    Network 18 also has non core TV businesses in Studio 18 and Shop 18. The company expects Studio 18, which is engaged in movie business, to rake in a revenue of Rs 1 billion in the first full year of operations. The plan is to produce a movie every month. In Shop 18, the 24-hour television network dedicated to home shopping, trial runs have been conducted and the call centres are coming into place.

    Network 18 has already raised a debt of Rs 700 million which will take care of its current funding needs, the source says while not ruling out further fund raising exercises in future.

    TV18 houses two business channels, CNBC TV18 and CNBC Awaaz, a clutch of internet properties, financial wire service Crisil Marketwire (which was recently acquired and renamed Newswire 18) and an e-broking venture with partners.

  • JumpTV adds 12 new TV channels; announces changes in management structure

    JumpTV adds 12 new TV channels; announces changes in management structure

    MUMBAI: JumpTV Inc. (www.jumptv.com), broadcaster of ethnic television over the Internet, has announced that the company has ended the year 2006 with 254 channel partnerships, is consummating the previously announced acquisition of Sports International Group and made several management appointments for 2007.

    JumpTV announced the signing of exclusive agreements with 12 new television channels before year-end bringing the total number of channels under license at 31 December 2006 to 254.

    The 12 new channels will be individually priced at US$9.95 per month when launched commercially, and some will become part of country/region-specific channel bundles at later dates. Banglavision will soon be included in JumpTV’s newly-launched Bangla Package of channels, which currently includes top Bangladeshi channels; Channel i, NTV Bangla and RTV Bangla. The addition of the 5 Pakistani and 2 Nigerian channels brings JumpTV’s Pakistani and Nigerian channel lineup to 9 channels and 3 channels respectively, and bundles will be launched for each of these countries soon, informs an official release.

    JumpTV International president and chief executive officer Kaleil Isaza Tuzman stated, “JumpTV is laser-focused on successfully executing against our three-phased strategy which began with (a) channel acquisition, followed by (b) building the best user experience for live video on the web and will be completed by (c) our subscriber acquisition efforts.

    The company’s board of directors has also announced that Kaleil Isaza Tuzman has been appointed of as president and chief operating officer of JumpTV Inc. He will however, continue to serve as president and chief executive officer of JumpTV International, the company’s wholly owned subsidiary.

    Alex Blum, who had previously held the position of president and chief operating officer of JumpTV Inc., will continue with the Company through the end of January to help facilitate the transition after which time he will serve on JumpTV’s Advisory Board and assume his new role as chief executive officer of a social networking and user generated content application service provider based in New York, adds the release.

    In addition, several other management appointments have been made to the team. JumpTV chairman and chief executive officer G. Scott Paterson said, “We have built an incredibly strong team of executives with global reach and experience. When I became CEO in May 2005, we had only seven exclusive channel partnerships and no third-party marketing/distribution relationships. Under Kaleil Isaza Tuzman’s leadership and tireless efforts, we have become the single largest carrier of ethnic television in the world with more than 250 exclusive channel agreements today, top-notch sports content and world-leading marketing/distribution partners. The board of directors and I are confident that in Kaleil’s expanded role he will provide the day-to-day leadership for our Company to achieve our objectives for 2007 and beyond.”

    In addition, JumpTV has previously announced the acquisition of Sports International Group LLC (SIG), the owner of www.SportsYa.com. The company anticipates closing the transaction no later than 8 January 2007.

    Former SIG CEO and majority shareholder Daniel Canel has become Chairman of JumpTV’s Latin American business unit, and will contribute materially to the company’s overall sports and corporate development initiatives.

    Pursuant to the acquisition, the company has issued 521,345 of its Common Shares. Application has been made to the London Stock Exchange for these shares to be admitted to AIM, such shares are expected to be admitted to AIM on 9 January 2007, adds the release.

  • Policy guidelines for downlinking of television channels

    Policy guidelines for downlinking 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. Eligiblity 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 1.50 Crores
    2. Every Additional Channel Rs.1.00 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 downliked
    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 premission
    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.5 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 5 Lakhs as the initial fee before the signing of the Grant of Permission Agreement. In addition, every company shall pay an amount of Rs. 1 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 provide Satellite TV Channel signal reception decoders only to MSOs/Cable operators registered under the Cable Television Networks (Regulation) Act 1995 or to a DTH operator registered under the DTH guidelines issued by Government of India.
    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 penalities
    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 premission 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.

  • Plus is all India ‘star’ in GECs, while Sun shines brightest among regional channels: IRS 2006

    Plus is all India ‘star’ in GECs, while Sun shines brightest among regional channels: IRS 2006

    MUMBAI: While in the regional space, Star Plus has managed to rise up on the charts more than any other Hindi general entertainment channel (GEC) in the last five years; the story is no different as far as the Top 10 television channels in the country are concerned.

    Since 2000, Star’s flagship channel has managed to topple DD2/Metro, Sony, Zee TV and Zee Cinema to claim the second position with a viewership share of nine per cent in 2006. DD1 (National Network) has maintained its top position over the years.

    DD1’s viewership in the Top 10 TV channels in the All India market in 2006 is 27.4 per cent as compared to its share of 43.2 per cent in 2000 according to the findings of IRS Round I done by Hansa Research and Media Research Users Council (MRUC). Going by these numbers, DD1 viewership on an all India basis has dropped by almost half in the last five years.

    DD2/Metro, which was second in line in 2000 with a share of 11 per cent has completely gone off the Top 10 television channels list in 2006.

    Sony Entertainment Television, on the other hand, which was the number three channel in 2000 with a viewership share of 9.4 per cent, has fallen to the seventh position in 2006 and currently has a share of 4.6 per cent. Rival channel Zee TV saw an even steeper fall over the years, but all the same has maintained its place in the Top 10 television channels list. From its third position in 2000 with a share of 9.2 per cent, Zee TV lost 5.6 per cent share to other channels and fell straight to the tenth position this year with a share of 3.6 per cent.

    The reason for the drop in Sony and Zee’s channel shares, which were the third and fourth best viewed channels after the national channels in 2000, could be because of the change in the program genre of these channels. Both channels focused more on music shows and game shows to garner viewership, reasons Hansa Research marketing and client servicing India head V Sudarshan.

    Going by the data thrown up, the fact remains that viewers are still hooked to the soaps and serials, which is clearly indicated by Star Plus viewership numbers, predominantly garnered by the ‘K’ serials. However, now both Sony and Zee have a robust line up of dramas like Thodi Khushi Thode Gham, Aisa Desh Hai Mera, Saath Phere and Jabb Love Hua in the primetime. Hence it remains to be seen whether the channels’ popularity soars on the charts riding on these shows. Zee TV’s Saath Phere, for one, has been consistently delivering for the channel in terms of ratings.

    While three channels from the Top 10 All India list have disappeared from the charts in 2006, three other channels have made their entry. DD2/Metro (second position), Star Sports (seventh position) and DD10 Marathi (eighth position), which were on the charts in 2000 seem to have made way for DD News (third position), Aaj Tak (fourth position) and Sun TV (fifth position) in 2006.

    One of the interesting trend that is seen in the current Top 10 and the Top 10 five years back is that in 2000, no news channel made its way to the Top 10 list. Whereas in 2006, DD News and Aaj Tak have been featured.

    “This explains a very big phenomenon, that there are possibilities that these news channels are now eating into the share of the print medium, and it could be that people are now preferring to tune rather than turn, for their news requirement. Viewers are interested in current news, and not yesterday’s news and this also reiterates the fact, why magazine readership has come down so dramatically over the period,” said Sudarshan.

    One channel that has maintained a consistent performance on the charts since 2000 is Zee Cinema. In term of viewership share, the channel has dropped only marginally from 6 per cent in 2000 to 5.3 per cent in 2006 and is now placed in the sixth position as opposed to its fifth position in 2000.

    Among the regional channels, apart from Sun TV, that have made a mark in the Top 10 channels in the All India market in 2006, are ETV (4.4 per cent) and Gemini TV (4.1 per cent) in the eighth and ninth position respectively.