Question : PERMISSION TO FOREIGN BROADCASTERS FOR UPLINKING FROM INDIA



(a) whether the Government has permitted foreign broadcasters to uplink TV Channels from India;

(b) if so, the details of the conditions prescribed in this regard;

(c) the names of the companies which have been granted such permission and the channels operated by them with the type of the contents of each channel;

(d) whether there are reports that some companies are bypassing the procedures and guidelines;

(e) if so, action taken by the Government against these companies;

(f) whether Industry has requested the Government to relax guidelines and allow Foreign Institutional Investments (FIIs) in new channels; and

(g) if so, the reaction of the Government thereto?

Answer given by the minister

THE MINISTER OF INFORMATION AND BROADCASTING & CULTURE ( SHRI S. JAIPAL REDDY )

(a) to (g) : A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (g) OF LOK SABHA STARRED QUESTION NO. 46 FOR ANSWER ON 3.3.2005.

(a) to (e) A company with 100 % foreign equity is eligible to seek permission to uplink a Non-News & Current Affairs Channel, whereas in the case of News Channels, only Foreign Direct Investment is allowed up to 26% of the Paid Up equity. The Government has, so far, permitted 15 Indian companies to uplink 55 channels, with varying percentages of foreign equity, the details of which are placed at Annexure.

As per existing uplinking policy, non-News & Current Affairs TV channels are permitted to uplink from India, irrespective of their ownership, equity structure or management control. This is subject to fulfillment of eligibility criteria and adherence to various terms and conditions including, programme and advertisement codes prescribed under the Cable Television Networks (Regulation) Act 1995.

For News & Current Affairs TV channels, the eligibility criteria require, inter-alia, that:

(i) Foreign Direct Investment (FDI) in the applicant company shall not exceed 26% of the paid-up Equity; provided the equity held by the largest Indian shareholder is at least 51% of the paid up equity excluding the equity held by Public Sector Banks and Public Financial Institutions as defined in Section 4A of the Companies Act, 1956;

(ii) At least 3/4th of the Directors on the Board of Directors and all key Executives and Editorial Staff shall be resident Indians;

(iii) the representation on the Board shall as far as possible be proportionate to the shareholding;

(iv) CEO of the applicant company and/or Head of the channel shall be a resident Indian;

(v) The companies are required, to adhere to the programme and advertisement codes.

The complete uplinking guidelines for private TV channels are available on this Ministry`s website (http:// www.mib.nic.in).

The permission to uplink TV Channels is granted to a company, after scrutinizing its application in terms of eligibility criteria, including foreign investment norms. As of now, it is not mandatory for channels, which are viewed in India, to be uplinked from India. A number of companies running News & Current Affairs Channels currently do not conform to eligibility criteria and have been given permission to ensure compliance to the equity norms by 31st March 2005.

(f) Yes, Sir.

(g) The matter is currently under examination.

ANNEXURE REFERRED TO IN REPLY TO PART (C) OF LOK SABHA STARRED QUESTION NO 46 FOR ANSWER ON 3.3.2005

Name of Company	Channels having News content	Channels not having News content
1 ATN INTERNATIONAL LTD - AHIMSSA
2 BROADCAST WORDWIDE LTD TARA BANGLA TARA MARATHI, TARA PUNJABI, TARA GUJRATI
3 COXWAIN TECHNOLOGIES - SURSANGEET, SS MUSIC
4 INTELVISION LTD NUM TV, SPLASH TV
5 JAIN STUDIOS LTD JAIN TV
6 JEEVAN TELECASTING CORP LTD JEEVAN TV
7 MCCS LTD STAR NEWS
8 NEW DELHI TV LTD NDTV 24X7, NDTV INDIA, NDTV PROFIT
9 SKY (B) BANGLA PVT LTD AKASH B
10 SRI ADHIKARI BROS TV N/W LTD SABe TV
11 SOFTLINE BROADCASTING PVT LTD - SADHNA
12 TANU HEALTH CARE LTD - CARE TV
13 TELEVISION EIGHTEEN INDIA LTD CNBC-TV18
14 TV TODAY NETWORK LTD AAJ TAK, DELHI AAJ TAK, HEADLINES TODAY MUMBAI AAJ TAK,
15 ZEE TELEFILMS LTD ALPHA BANGLA AAPKA, ACTION CINEMA, ALPHA PUNJABI UK
ALPHA BHARATI BHAJAN, CLASSIC CINEMA , COMEDY TV
ALPHA GUJRATI DELHI TV GOLDEN CINEMA JAGRAN
ALPHA KAVERI KHOJ TV, MANSI , PREMIERE CINEMA
ALPHA KRISHNA ZEE CINEMA, ZEE CINEMA UK, ZEE MUSIC
ALPHA MARATHI ZEE INTERNATIONAL, ZEE MUSIC UK
ALPHA PUNJABI ZEE SPORTS ZEE TV ZEE TV SE ASIA
ZEE NEWS ZEE TV SOUTH AFRICA, ZEE TV UK, ZEE TV USA