TRAI has sent its recommendations to The Ministry. Now it is upto The Ministry to implement them or not. We give a summary of these recommendations
Grant of permission for uplinking and downlinking of satellite TV channels by MIB
1 The Authority recommends that the process of granting permission for uplinking of satellite TV channels from India should be streamlined by removing redundant processes, reengineer necessary processes, and making them efficient using ICT.
2 The Authority recommends that the process of granting permission and registration for downlinking of satellite TV channels should be streamlined in such a way that:
(a) the channels having permission for uplinking from India require registration only; and (b) the channels being uplinked from outside India require permission as well as registration.
3 The Authority recommends that:-
a) Initially, MHA should take the decision on security clearance to an applicant company and its key personnel within a period of 60 days. Also, in case of any change in key personnel, MHA should take the decision within a period of 60 days.
b) Validity period of security clearance granted to a company should be equal to the permission/ license period granted to that company for broadcasting services. The Government in any case reserve the right to withdraw security clearance at any point of time.
c) The security clearance granted to the key personnel of a company should remain valid for 10 years.
d) In cases where an existing broadcasting company, having valid security clearance, is seeking permissions for additional satellite TV channels, the process of seeking fresh security clearance from MHA should be done away with.
4 The Authority recommends that:-
(a) DoS should take the decision on clearance for satellite use for broadcasting services within a period of 60 days.
(b) In cases where a broadcasting company is seeking permissions for uplinking of new satellite TV channels to the already cleared satellites, the process of seeking fresh clearance from DoS should be done away with.
5 The Authority recommends that:-
a) A self declaration, in a prescribed format, stating that the applicant company meets net-worth requirements, as specified under the policy guidelines, should be taken from the applicant company at the time of submitting the application. This declaration should be supported with duly audited financial statements of the company.
b) The requirement of examining net worth, ownership details, shareholding pattern and its effect on net worth etc., by the empanelled CA should be done away with.
c) A self declaration, in a prescribed format, stating that the applicant company complies with clause 1.3 and 1.4 of the downlinking policy guidelines should be taken from the applicant company at the time of submitting the application.
d) The requirement of examining the compliance of clause 1.3 and 1.4 of the downlinking policy guidelines by Department of Revenue (DoR) should be done away with.
e) A condition should be added in the procedure of granting permissions that if the information provided by a company is found incorrect or incomplete at any stage during the entire permission period, the permission would become void ab initio.
Grant of permission for teleport services by MIB
6 The Authority recommends that procedure recommended for granting permission for uplinking of satellite TV channels should be mutatis-mutandis made applicable to grant permission for teleport services also.
Grant of license for DTH services by MIB
7 The Authority recommends that:-
a) Initially, MHA should take the decision on security clearance to an applicant company seeking license for DTH services and its key personnel within a period of 60 days. Also, in case of any change in key personnel, MHA should take the decision within a period of 60 days.
b) DoS should take the decision on clearance for satellite use for DTH services within a period of 60 days.
Frequency allocation and grant of WOL by WPC, and permission to operationalize broadcast services by NOCC
8 The Authority recommends that:-
a) WPC should allocate the spectrum for commercial satellite usage as and when there is a demand for the same from service providers in a time bound manner.
b) The WOL should be valid for a period equivalent to service license/ permission period.
c) The service providers should continue to pay requisite fees to WPC on annual basis; and the same should be paid at least 60 days before the due date to ensure continuity of the license.
d) A condition should be prescribed in the WOL that any delay in payment of requisite fees shall lead to penalties and cancellation of the applicable license.
Time frame to grant permissions by MIB and WPC
9The Authority recommends that:-
a) MIB should setup an integrated online portal for broadcasters, teleport operators, and distributors of TV channels (DTH operators/HITS operators/MSOs) which should facilitate the filing of applications, processing in MIB, DoS and DoT, tracking of status of applications, payments, frequency allocations, endorsements, permissions, licenses, registrations, and renewals with common database.
Preferably, this portal should be integrated with other e-Governance systems like Bahartkosh 17 portal, e-Office application etc. Access to the portal should be provided to the Authority also for information and analysis.
b) The integrated online portal should be developed as early as possible, within a period of 1 year from the date of acceptance of these recommendations.
17 Bharatkosh is an online payment gateway for payment of fee etc. to Government of India
c) In cases of permissions/ licenses where security clearance of the company from MHA or satellite clearance from DoS or both are required, normally the decision to grant permission should be taken by MIB in consultation with MHA and DoS within 3 Months from the date of application.
d) In case of permissions, where security and satellite clearances are not required, normally the decision to grant permission should be taken by MIB within 45 Days from the date of application.
e) WPC should take the decision on grant of WOL including allocation of frequency within a period of 60 days.
f) The decision to grant permission for operationalising the services, including time taken by MIB, WPC, DoS, MHA, and NOCC for issuing permissions, should be completed within 6 months period in case of uplinking of channel by a new company/ teleport/ DTH licenses.
Change in Name, Logo, Language and Format of Satellite TV Channel
10The Authority recommends that:-
a) The application for change in the logo, name, language and format of a channel should be processed through the proposed integrated online portal to take the decision on the same.
b) MIB should maintain an updated database of all channels in the proposed integrated online portal and the same should be accessible to all the regulating and monitoring agencies namely MIB, TRAI, DoS, MHA, WPC, and NOCC.
c) With the accessibility of an online updated database of channels, the permission of WPC and NOCC, for change in Page 61 of 92 name, logo, or language of a channel, would become superfluous. Accordingly, the procedure for seeking such permission should be discontinued.
d) If a request for change in name, logo, or language of a channel is made within one year from the last such change, then MIB may carryout detailed examination. In such cases, MIB should take decision on request for change in name, logo, or language of a channel within a period of 30 days from the date of receipt of application along-with the prescribed charges (if any).
e) In all other cases, the proposed changes in the logo, name, or language of a channel should be taken on record online after payment of the prescribed charges (if any).
f) The necessary permissions for effecting the change in format of a channel should be granted within 60 days after receipt of the application and payment of the prescribed charges (if any). It includes the time taken by MIB, WPC and NOCC.
Temporary uplinking of live coverage of events
11The Authority recommends that:-
a) For the events to be uplinked for viewing in India, if:
I the applicant company has agreement with the existing broadcaster(s) and teleport operator; and
ii) the applicant company propose to use the pre-approved DSNG and space spectrum for temporary uplinking of live event; and
iii) the broadcaster(s) undertake to comply with the Program and Advertisement Code; then the registration of the necessary details by the applicant company along with the requisite documents and payment of requisite fee through the proposed integrated online portal should be sufficient.
b) For the events to be uplinked for viewing outside India, if:
i) the applicant company has the agreement with the existing teleport operator; and
ii) it propose to use the pre-approved DSNG and space spectrum for temporary uplinking of live event; then the registration of the necessary details by the applicant company along with the requisite documents and payment of requisite fee through the proposed integrated online portal should be sufficient.
c) In other cases, the existing process needs to be automated using proposed integrated online portal to improve efficiency.
Renewal of permission for satellite TV channel
12The Authority recommends that payment of annual permission fee as per the extant policy guidelines should be done through proposed integrated online portal. The periodicity of the renewal of licenses should continue to be on annual basis.
Open sky policy for Ku band
13The Authority recommends that the issue of open sky policy for Ku band frequencies may be taken up by MIB in INSAT Coordination Committee (ICC) meeting and the same should be adopted.
Registration / renewal to provide cable TV services
14The Authority recommends that:-
a) The registration of LCO and its renewal should be carried out through online portal. Further, the period of registration for LCO should be increased to 5 years.
b) MIB should take necessary steps to frame Right of Way Rules under the Cable TV Act.
Indigenous Manufacturing
15The Authority recommends that:-
a) The Government should contemplate creating a Centre of Excellence exclusively for broadcasting services. This centre should study technical, economic, and social aspects of broadcasting ecosystem.
b) The Government should consider issuing a comprehensive policy guideline to promote research and manufacturing of hardware and software for broadcasting services.
Trials for New Technologies
16The Authority recommends that:-
a) The Government should design a separate policy framework for grant of permission to conduct trials/ testing by existing as well as new service providers.
b) WPC should allocate specific frequency slots for trials/experimental purpose.
c) Depending on the nature of the trials and the time required for their completion, two types of licenses should be issued, one for the short term for a period for 3 months extendable up to 6 months and the other for the long term issued for 2 years extendable up to 3 years, on case to case basis.
Source: http://cablequest.org/index.php/articles/digitization/item/12675-ease-of-doing-business-in-broadcasting-sector
Grant of permission for uplinking and downlinking of satellite TV channels by MIB
1 The Authority recommends that the process of granting permission for uplinking of satellite TV channels from India should be streamlined by removing redundant processes, reengineer necessary processes, and making them efficient using ICT.
2 The Authority recommends that the process of granting permission and registration for downlinking of satellite TV channels should be streamlined in such a way that:
(a) the channels having permission for uplinking from India require registration only; and (b) the channels being uplinked from outside India require permission as well as registration.
3 The Authority recommends that:-
a) Initially, MHA should take the decision on security clearance to an applicant company and its key personnel within a period of 60 days. Also, in case of any change in key personnel, MHA should take the decision within a period of 60 days.
b) Validity period of security clearance granted to a company should be equal to the permission/ license period granted to that company for broadcasting services. The Government in any case reserve the right to withdraw security clearance at any point of time.
c) The security clearance granted to the key personnel of a company should remain valid for 10 years.
d) In cases where an existing broadcasting company, having valid security clearance, is seeking permissions for additional satellite TV channels, the process of seeking fresh security clearance from MHA should be done away with.
4 The Authority recommends that:-
(a) DoS should take the decision on clearance for satellite use for broadcasting services within a period of 60 days.
(b) In cases where a broadcasting company is seeking permissions for uplinking of new satellite TV channels to the already cleared satellites, the process of seeking fresh clearance from DoS should be done away with.
5 The Authority recommends that:-
a) A self declaration, in a prescribed format, stating that the applicant company meets net-worth requirements, as specified under the policy guidelines, should be taken from the applicant company at the time of submitting the application. This declaration should be supported with duly audited financial statements of the company.
b) The requirement of examining net worth, ownership details, shareholding pattern and its effect on net worth etc., by the empanelled CA should be done away with.
c) A self declaration, in a prescribed format, stating that the applicant company complies with clause 1.3 and 1.4 of the downlinking policy guidelines should be taken from the applicant company at the time of submitting the application.
d) The requirement of examining the compliance of clause 1.3 and 1.4 of the downlinking policy guidelines by Department of Revenue (DoR) should be done away with.
e) A condition should be added in the procedure of granting permissions that if the information provided by a company is found incorrect or incomplete at any stage during the entire permission period, the permission would become void ab initio.
Grant of permission for teleport services by MIB
6 The Authority recommends that procedure recommended for granting permission for uplinking of satellite TV channels should be mutatis-mutandis made applicable to grant permission for teleport services also.
Grant of license for DTH services by MIB
7 The Authority recommends that:-
a) Initially, MHA should take the decision on security clearance to an applicant company seeking license for DTH services and its key personnel within a period of 60 days. Also, in case of any change in key personnel, MHA should take the decision within a period of 60 days.
b) DoS should take the decision on clearance for satellite use for DTH services within a period of 60 days.
Frequency allocation and grant of WOL by WPC, and permission to operationalize broadcast services by NOCC
8 The Authority recommends that:-
a) WPC should allocate the spectrum for commercial satellite usage as and when there is a demand for the same from service providers in a time bound manner.
b) The WOL should be valid for a period equivalent to service license/ permission period.
c) The service providers should continue to pay requisite fees to WPC on annual basis; and the same should be paid at least 60 days before the due date to ensure continuity of the license.
d) A condition should be prescribed in the WOL that any delay in payment of requisite fees shall lead to penalties and cancellation of the applicable license.
Time frame to grant permissions by MIB and WPC
9The Authority recommends that:-
a) MIB should setup an integrated online portal for broadcasters, teleport operators, and distributors of TV channels (DTH operators/HITS operators/MSOs) which should facilitate the filing of applications, processing in MIB, DoS and DoT, tracking of status of applications, payments, frequency allocations, endorsements, permissions, licenses, registrations, and renewals with common database.
Preferably, this portal should be integrated with other e-Governance systems like Bahartkosh 17 portal, e-Office application etc. Access to the portal should be provided to the Authority also for information and analysis.
b) The integrated online portal should be developed as early as possible, within a period of 1 year from the date of acceptance of these recommendations.
17 Bharatkosh is an online payment gateway for payment of fee etc. to Government of India
c) In cases of permissions/ licenses where security clearance of the company from MHA or satellite clearance from DoS or both are required, normally the decision to grant permission should be taken by MIB in consultation with MHA and DoS within 3 Months from the date of application.
d) In case of permissions, where security and satellite clearances are not required, normally the decision to grant permission should be taken by MIB within 45 Days from the date of application.
e) WPC should take the decision on grant of WOL including allocation of frequency within a period of 60 days.
f) The decision to grant permission for operationalising the services, including time taken by MIB, WPC, DoS, MHA, and NOCC for issuing permissions, should be completed within 6 months period in case of uplinking of channel by a new company/ teleport/ DTH licenses.
Change in Name, Logo, Language and Format of Satellite TV Channel
10The Authority recommends that:-
a) The application for change in the logo, name, language and format of a channel should be processed through the proposed integrated online portal to take the decision on the same.
b) MIB should maintain an updated database of all channels in the proposed integrated online portal and the same should be accessible to all the regulating and monitoring agencies namely MIB, TRAI, DoS, MHA, WPC, and NOCC.
c) With the accessibility of an online updated database of channels, the permission of WPC and NOCC, for change in Page 61 of 92 name, logo, or language of a channel, would become superfluous. Accordingly, the procedure for seeking such permission should be discontinued.
d) If a request for change in name, logo, or language of a channel is made within one year from the last such change, then MIB may carryout detailed examination. In such cases, MIB should take decision on request for change in name, logo, or language of a channel within a period of 30 days from the date of receipt of application along-with the prescribed charges (if any).
e) In all other cases, the proposed changes in the logo, name, or language of a channel should be taken on record online after payment of the prescribed charges (if any).
f) The necessary permissions for effecting the change in format of a channel should be granted within 60 days after receipt of the application and payment of the prescribed charges (if any). It includes the time taken by MIB, WPC and NOCC.
Temporary uplinking of live coverage of events
11The Authority recommends that:-
a) For the events to be uplinked for viewing in India, if:
I the applicant company has agreement with the existing broadcaster(s) and teleport operator; and
ii) the applicant company propose to use the pre-approved DSNG and space spectrum for temporary uplinking of live event; and
iii) the broadcaster(s) undertake to comply with the Program and Advertisement Code; then the registration of the necessary details by the applicant company along with the requisite documents and payment of requisite fee through the proposed integrated online portal should be sufficient.
b) For the events to be uplinked for viewing outside India, if:
i) the applicant company has the agreement with the existing teleport operator; and
ii) it propose to use the pre-approved DSNG and space spectrum for temporary uplinking of live event; then the registration of the necessary details by the applicant company along with the requisite documents and payment of requisite fee through the proposed integrated online portal should be sufficient.
c) In other cases, the existing process needs to be automated using proposed integrated online portal to improve efficiency.
Renewal of permission for satellite TV channel
12The Authority recommends that payment of annual permission fee as per the extant policy guidelines should be done through proposed integrated online portal. The periodicity of the renewal of licenses should continue to be on annual basis.
Open sky policy for Ku band
13The Authority recommends that the issue of open sky policy for Ku band frequencies may be taken up by MIB in INSAT Coordination Committee (ICC) meeting and the same should be adopted.
Registration / renewal to provide cable TV services
14The Authority recommends that:-
a) The registration of LCO and its renewal should be carried out through online portal. Further, the period of registration for LCO should be increased to 5 years.
b) MIB should take necessary steps to frame Right of Way Rules under the Cable TV Act.
Indigenous Manufacturing
15The Authority recommends that:-
a) The Government should contemplate creating a Centre of Excellence exclusively for broadcasting services. This centre should study technical, economic, and social aspects of broadcasting ecosystem.
b) The Government should consider issuing a comprehensive policy guideline to promote research and manufacturing of hardware and software for broadcasting services.
Trials for New Technologies
16The Authority recommends that:-
a) The Government should design a separate policy framework for grant of permission to conduct trials/ testing by existing as well as new service providers.
b) WPC should allocate specific frequency slots for trials/experimental purpose.
c) Depending on the nature of the trials and the time required for their completion, two types of licenses should be issued, one for the short term for a period for 3 months extendable up to 6 months and the other for the long term issued for 2 years extendable up to 3 years, on case to case basis.
Source: http://cablequest.org/index.php/articles/digitization/item/12675-ease-of-doing-business-in-broadcasting-sector
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