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International DTH operation guidelines

DTH operation guidelines

Author | NULL | Friday, Mar 09,2001 12:00 AM

DTH operation guidelines

Government of India has decided to open up the Direct-to-Home broadcasting services in India. The details on the guidelines, terms and conditions for grant of license for DTH Broadcasting Services are as follows:

  • The applicant company shall be an Indian company, registered under the Indian Companies Act, 1956.
  • The Total Foreign Investment including FDI/NRI/OCB/FII in the DTH broadcasting sector, shall not be more than 49 per cent in which the share of FDI will not exceed 20per cent.
  • Provided that the quantum represented by that proportion of the paid up equity share capital to the total issued equity capital of the Indian promoter company held or controlled by foreign investors through FDI/NRI/OCB investments shall form part of the above said FDI limit of 20 per cent.
  • No broadcasting company and/or cable network company shall be eligible to own more than 20 per cent of the total equity of an applicant company at any time during the license period.
  • Provided further that the Licensee, at all times, shall keep the Licensor informed about any change in the holding pattern of the Equity.
  • The applicant company shall be required to pay an entry fee of Rs.10 crores, in the beginning. In addition, 10 per cent per year of the revenue collected by the platform owner shall be payable to Government as annual fee.
  • The licensee would also be required to execute a bank guarantee of Rs.40 crore valid for the duration of the licence. Licensee will be required to pay the license fee and royalty for spectrum used, as prescribed by the Wireless Planning Coordination authority, under the Department of Telecommunications.
  • The Licensing Authority shall have the power, after recording the reasons in writing, to revoke/suspend the license in public interest. However, before taking such action the licensing authority will give the licensee an opportunity of being heard. The decision of the licensing authority shall be final.
  • For violation of license conditions, in addition to any other action which may include revocation of license, a penalty up to Rs.50 crores can be imposed by the licenser on the Licensee. However, before taking such action the licensing authority will give the licensee an opportunity of being heard. The decision of the licensing authority shall be final.
  • The licensee shall establish the uplink Earth Station in India within 12 months from the date of issue of license. All Content provided by the DTH platform to the subscribers, irrespective of its source, to pass through the common encryption and conditional access system, located within the Earth Station, situated on Indian soil.
  • The licensee shall ensure adherence to the Programme Code and Advertisement Code, laid down by the Ministry of Information and Broadcasting, from time to time. Record of the programmes and advertisements carried on the platform to be kept by the Licensee for a period of 90 days after broadcast and to be made available to the authorised representative of the Licenser, as and when required.
  • The licenses shall provide access to various content providers/ channels on a non-discriminatory basis. The licensee shall not carry any channels prohibited by the Ministry of I&B.
  • Licensee shall provide access to the Licensing Authority or its duly authorised representative to all its facilities including equipment, records, systems etc.
  • Though licensee can use the bandwidth capacity for DTH Service on both Indian as well as foreign satellites, proposals envisaging use of Indian satellites will be extended preferential treatment.
  • The licensee shall ensure subscriber's interests through Single Conditional Access Technology, Single Subscriber Management System, an Open Architecture (Non-proprietary) Set Top Box, a Cast Iron Encryption System and an efficient, responsive and accurate billing and collection system. The Licensee shall not use any equipment, which is identified as unlawful.
  • The Licenser reserves the right to prohibit the transmission or reception of programmes in the interest of national security or in the event of emergency/war, or similar type of situation notwithstanding any agreement, between the licensee and the content providers, the licensee shall stop forthwith, transmission of TV channels or any content, as and when directed to do so by the Licenser or any other designated lawful authority.
  • The DTH facility shall not be used for other modes of communication, including voice, fax, data, communication Internet etc. unless specific license for these value-added services has been obtained from the competent authority.
  • The licensee shall obtain clearances/approvals as may be prescribed or required from the Wireless Planning Coordination Wing or from the Department of Space.
  • The DTH Licensee will be bound to carry channels of Prasar Bharati on the most favourable financial terms offered to any other channel.
  • The licenser reserves the right to modify or incorporate new conditions at any time in the terms and conditions of this license, as and when necessary in public Interest or interest of national security.
  • The licenses will adhere to provisions of any legislation which may be brought in future with regard to broadcasting.
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