The new guidelines for uplinking and downlinking television channels in India have been approved by the Union Cabinet, and they require all stations with permission, with the exception of foreign channels and locations where it may not be practical, to broadcast for at least 30 minutes each day on topics of national importance and social relevance. The clause was included with the justification that ‘airwaves/frequencies are public property and need to be utilised in the best benefit of the society’. The eight topics are: women’s empowerment, agriculture and rural development, health and family welfare, research and technology, preservation of the environment and cultural heritage, national integration, and the promotion of literacy and education.
The channels, including sports channels, that it would be impractical to broadcast such content on are exempt from the consolidated guidelines. The Center would provide general advisories to the channels as needed in this regard. The new regulations, which replaced those in effect since 2011, according to Information & Broadcasting Secretary Apurva Chandra, will make it easier for companies and limited liability partnership firms registered in India to obtain permission for the uplinking and downlinking of TV channels and other related activities.
Mr. Chandra listed the benefits, noting that no longer would approval be required for live telecasts of events but rather just advance registration. Only previous notification would be required for language changes and transmission mode conversions from Standard Definition to High Definition or vice versa. ‘In case of emergency, for a company/LLP with only two directors/partners, a director/partner can be changed, subject to security clearance post such appointment, to enable business decision-making; a company/LLP can use news gathering equipment other than DSNG (Digital Satellite News Gathering), such as optic fibre, bag back, mobile, etc. for which no separate permission would be necessary,’ said the Ministry.
Making India a teleport hub
While specific deadlines have been proposed for the granting of permission, it was stated that LLPs and companies would be permitted to uplink foreign channels from Indian teleports, creating employment opportunities and turning India into a hub for other nations’ teleports. It was also stated that news agencies could now obtain permission for a five-year period as opposed to the current one-year limit. According to the Ministry, a channel might be uplinked using the resources of many teleports and satellites. The recommendations have increased the likelihood that the Companies Act or the Limited Liability Act will permit the transfer of a TV channel or teleport to a business or LLP.
To ensure that the dues are paid, there is also a provision for security deposits. Also rationalised were the penalty clauses, which now include graduated fines for various kinds of violations. The mandatory signal encryption requirement applies to TV channels uplinking in frequency bands other than C-band. When permissions are renewed, the guidelines’ net worth requirements for the companies or LLPs holding them must be met, it stated. The first channel needs a net worth of 20 crore, and each additional channel needs 5 crore.
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