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UG-0112-secy University grants
  Page 1 of 12 File No: 1501/2/2002-TV(I)(Pt.)GUIDELINES FOR UPLINKING FROM INDIANew DelhiDated: December 2, 2005.PREAMBLE Ministry of Information and Broadcasting, Government of India notified the“Guidelines for uplinking from India” in July 2000. This was followed by “Guidelines forUplinking of News and Current Affairs TV Channels from India” in March 2003, which wereamended in August 2003, “Guidelines for use of SNG/DSNGs” in May 2003 and addendumdated 1.4.2005 to the uplinking guidelines. The Government has, on 20 th October 2005 furtheramended these guidelines. It has now been decided that all these guidelines should beconsolidated into one set of guidelines and notified. Accordingly, in supercession of allprevious guidelines, the Government hereby notifies the following consolidated uplinkingguidelines. These shall come into effect from today the 2 nd December 2005 and   would beapplicable to existing channels as well. GENERAL  The applicant seeking permission to set up an uplinking hub/ teleport or uplink a TVChannel or uplink facility by a News Agency should be a company registered in India underthe Companies Act, 1956.  1. PERMISSION FOR SETTING UP OF UPLINKING HUB/ TELEPORTS.1.1 Eligibility Criteria. 1.1.1 In the applicant company, the foreign equity holding including NRI/OCB/PIOshould not exceed 49%.1.1.2 The Company should have a minimum Net Worth as prescribed below: Item Required Net Worth   Teleport for single channel capacity Rs. 1.00 Crore   Teleport for 6 channel capacity Rs. 1.50 Crore   Teleport for 10 channel capacity Rs. 2.50 Crore   Teleport for 15 channel capacity Rs. 3.00 Crore  1.2 Period of Permission.1.2.1 Permission shall be granted for a period of 10 years.  1.3 Fee.  Page 2 of 12 1.3.1 The applicant will pay an amount of Rs. Ten thousands as processing fee.1.3.2 After being held eligible, the applicant company shall pay a permission fee at the rateof Rs. Five Lakhs per teleport. 1.4 Special Conditions/ Obligations. 1.4.1 The company shall uplink only those TV channels which are specifically approved orpermitted by the Ministry of I&B for uplinking from India.1.4.2 The company shall stop uplinking TV channels whenever permission/approval to sucha channel is withdrawn by the Ministry of I&B.1.4.3 The applicant company shall abide by the general terms and conditions laid down inPara 5 below. 2. PERMISSION FOR UPLINKING A NON-NEWS & CURRENT AFFAIRSTV CHANNEL. [Note: For the purpose of these guidelines, a non-News & Current Affairs TV channelmeans a channel which does not have any element of news & current Affairs in itsprogramme content.]  2.1Eligibility Criteria. 2.1.1 The applicant company, irrespective of its ownership, equity structure or managementcontrol, would be eligible to seek permission.2.1.2 The Company should have a minimum Net Worth as prescribed below: Item Required Net Worth  Single TV channel Rs. 1.50 Crore  For each additional TV channel Rs. 1.00 Crore  2.2 Period of Permission.2.2.1 Permission shall be granted for a period of 10 years.  2.3 Fee. 2.3.1 The applicant will pay an amount of Rs. Ten thousands as processing fee.2.3.2 After being held eligible, the applicant company shall pay a permission fee at the rateof Rs. Five Lakhs per channel. 2.4 Special Conditions/ Obligations.  Page 3 of 12 2.4.1 The applicant company shall obtain registration for each channel, in accordance withthe procedure laid down under the Downlinking Guidelines notified by the Ministry of Information & Broadcasting separately.2.4.2 The applicant company permitted to uplink shall operationalize the channel within aperiod of one year from the date the permission is granted by the Ministry of I&B;failing which the permission is liable to be withdrawn, after affording an opportunityof being heard.2.4.3 The sports channels/sports rights management companies having TV broadcastingrights shall with immediate effect share their feed with Prasar Bharati for national andinternational sporting events of national importance, held in India or aboard, forterrestrial transmission and DTH broadcasting (free-to-air) under the followingconditions:i) The events of national importance shall be determined by the Ministryof Information & Broadcasting in consultation with Ministry of Sports& Youth Affairs, Prasar Bharati and the concerned sportschannels/sports rights management companies. In case of cricketevents, these shall include all matches featuring India and the semi-finals and finals of international competitions.ii) The above conditions shall apply to all future events including thosecovered by existing contracts of broadcasting rights. However, in thecase of cricket events whose broadcasting rights have been obtained bysports channels/right management companies prior to the issue of thenotification in the matter the rights holders will be obliged to share thefeed for all matches featuring India and finals of internationalcompetitions.iii) Prasar Bharati shall transmit the feed, free to air, on its terrestrialchannel and carried through the terrestrial network and/or thesatellite/DTH mode.iv) The marketing of the events’ rights (terrestrial as well as satellite/DTH)will be decided through mutual negotiations between Prasar Bharatiand the rights holder. The marketing rights should go to the partywhich offers to maximize the revenue.v) Revenue sharing formula of 75:25 in favour of rights holders withoutany minimum guarantee/opportunity cost, should be applied.In the event of any dispute, the matter shall be referred to an arbitrator to beappointed by Secretary, Ministry of Law and Justice out of the approved panel of arbitrators.2.4.4 The applicant company shall abide by the general terms and conditions laid down inPara 5 below.  Page 4 of 12 3. PERMISSION FOR UPLINKING A NEWS & CURRENT AFFAIRS TVCHANNEL. [Note: For the purpose of these guidelines, a News & Current Affairs TV channelmeans a channel which has any element of news & current Affairs in its programmecontent.]  3.1Eligibility Criteria. 3.1.1 Foreign Equity holding including FDI/FII/NRI investments should not exceed 26%of the Paid Up equity of the applicant company. However, the entity making portfolioinvestment in the form of FII/NRIs deposits shall not be “ persons acting inconcert ” with FDI investors, as defined in Securities and Exchange Board of India(Substantial Acquisition of Shares and Takeovers) Regulations, 1997. The Company,permitted to uplink the channel shall certify the continued compliance of thisrequirement through its Company Secretary, at the end of each financial year.3.1.2 Permission will be granted only in cases where equity held by the largest Indianshareholder is at least 51% of the total equity, excluding the equity held by PublicSector Banks and Public Financial Institutions as defined in Section 4A of theCompanies Act, 1956, in the New Entity. The term largest Indian shareholder, used inthis clause, will include any or a combination of the following:(1) In the case of an individual shareholder,(a) The individual shareholder.(b) A relative of the shareholder within the meaning of Section 6 of theCompanies Act, 1956.(c) A company/ group of companies in which the individual shareholder/HUF towhich he belongs has management and controlling interest.(2) In the case of an Indian company,(a) The Indian company(b) A group of Indian companies under the same management andownership control.For the purpose of this Clause, “Indian company” shall be a company, whichmust have a resident Indian or a relative as defined under Section 6 of the CompaniesAct, 1956/ HUF, either singly or in combination holding at least 51% of the shares.Provided that in case of a combination of all or any of the entities mentionedin Sub-Clause (1) and (2) above, each of the parties shall have entered into a legallybinding agreement to act as a single unit in managing the matters of the applicantcompany.

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