Application for downlinking TV channel in India. 1
FORM 1
Application form for permission to downlink TV Channels in India (both News &
Current Affairs and Non-News & Current Affairs) (To be submitted in triplicate).
To,
The Secretary,
Ministry of Information & Broadcasting,
Shastri Bhawan, ‘A’ Wing,
New Delhi-110 001.
Subject: Application for permission to ………………………………...
(Please mention the purpose of application).
Sir,
I hereby submit the following details in support of the eligibility as prescribed in
the guidelines for downlinking, in addition to other particulars:
PART - A: REQUEST FOR PERMISSION TO DOWNLNK TV CHANNELS
(DETAILS OF APPLICANT COMPANY)
1. Name of the Applicant Company and
Status (Pvt. Ltd./Pub. Ltd.)
:
2. Complete Postal Address with
Telephone/Fax Nos. E-mail ID
(i) Corporate Office/Head Office
:
ii) Registered Office :
ii) Regional Offices/ Country/ nature
of activity
Application for downlinking TV channel in India. 2
3. Address for Correspondence with
Telephone/Fax/E-mail
:
4. Name of Authorised Contact Person,
His designation and Telephone/Fax
Nos/E-mail ID.
:
5. Processing fee paid and details of
payment.
:
6. Registration details under
Company’s Act 1956: Incorporation
No. and Date (attach a copy of
Certificate of incorporation and
Memorandum &Articles of
Association).
:
7. Details of Promoters & Majority Shareholders
(Attach a separate sheet giving Name, Address, contact Telephone and equity held in
terms of amount and percentage of paid up equity).
8. Details of the Company :
8.1 Board of Directors (Attach list of
Directors along with bio-data of each
Director giving date of birth, place of
birth, parentage, nationality,
permanent address, residential
address, official address, passport
number (if any), qualification,
experience, parentage etc).
:
Application for downlinking TV channel in India. 3
8.2 Key Executives: Starting with
CEO/MD, Head of Marketing, Head
of Programming etc.
(Attach list of Key Executives along
with bio-data giving date of birth,
place of birth, parentage, nationality,
permanent address, residential
address, official address, passport
number (if any), qualification,
experience, parentage etc.)
:
(Any change in Board of Directors prior to issue of this permission to be informed immediately to
the Ministry. The company shall intimate to the Ministry in case of change of Directors, after
issue of permission to obtain their security clearance).(Clause 5.11 of guidelines).
8.3 Equity :
Amount (Rs. in lakhs)
(A) Authorised Capital: :
Amount (Rs. in lakhs) As % of Authorised
(B) Issued paid up capital : Capital
Amount (Rs. in lakhs) As % of Paid up
(C) Classification of equity holding : Capital (B)
(i) Total equity held by Indian
Promoters/Majority Shareholders
:
Application for downlinking TV channel in India. 4
(ii) Pro rata share of FDI in the
Promoters/Majority Shareholders.
:
(iii) Indian Financial Institutions and
Banks. :
(iv) Other Indian Shareholders.
:
(v) Percentage of Majority
Shareholders’ equity to Total Paid
up Equity net of Banks and Financial
Institutions Equity.
:
(vi) Direct FDI holding (including FIIs,
PIOs, NRsI, etc- give break-up) :
(vii) Indirect FDI/FII (Pro rata share of
FDI in Indian Promoters and
majority shareholders)
:
(viii) Foreign Institutional Investors/
Portfolio Investments. :
(ix) Total foreign Equity Holdings.
[(vi)+ (vii)+ (viii)]
:
(9) Net Worth of Applicant Company as
on 30.10.2005.
Net Worth to be calculated in
:
Application for downlinking TV channel in India. 5
accordance with number of channels
being downlinked.
[Please enclose a copy of the audited
balance sheet and Profit & Loss
Account for the immediate preceding
year and certificate of Net Worth on
the basis of these documents by
Statutory Auditor or for a newly
incorporated Company by a Chartered
Accountant in the prescribed
proforma for the latest quarter ending
before application given in Annexure]
10. Annual reports and Audited
Accounts for the last three years or
in the case of a newly incorporated
company, balance sheets from the
date of incorporation till 31st March
2006 certified by the statutory
Auditor to support its claim of
financial eligibility.]
:
11. Major area of activity/ business :
12. The number and names of channels being downlinked or proposed to be
downlinked. (For each channel details in Part B & C to be provided separately):
13. Does the Applicant Company hold any other
licence from Department of
Telecommunications (DOT) /Department of
Information Technology (DOIT)/ Wireless
planning and Coordination (WPC) or Ministry
of Information and Broadcasting (MIB)? If so,
please give details.
:
14. Has the Applicant Company made any other
application to Ministry of Information
and Broadcasting (MIB)? If so, please give
details.
:
15. Has the Applicant Company been denied
permission for uplink or downlink of a TV
Application for downlinking TV channel in India. 6
permission for uplink or downlink of a TV
channel at any point of time? If so, please give
details.
:
16. Has the Applicant Company ever been
disqualified from permission to uplink or
downlink of a TV channel at any point of time?
If so, please give de tails.
:
Place: (Signature of Applicant)
[Authorized Signatory of the Company]
Date:
Name
Office Address:
Tel./fax No. & e-mail ID:
Company’s Seal
PART - B: COMMERCIAL & TECHNICAL DETAILS FOR DOWNLNKING
Application for downlinking TV channel in India. 7
A TV CHANNEL
(1) Name of the Channel being/
proposed to be, downlinked. :
2.(i) Does the Applicant Company own
the channel being or proposed to be
downlinked or do they have
marketing and/ or distribution rights
for territory of India? (Please
enclose relevant documents in
support):
Please enclose the Memorandum/
Articles of Association, Marketing/
Distribution Agreement as
applicable.
:
(ii) In case the Applicant Company has
marketing and/ or distribution
rights, do they have the authority to
conclude contracts on behalf of the
channel for advertisements,
subscription and programme
content? If yes, please enclose copy
of the Agreements.]
:
(iii) Whether the channel will be
marketed in a particular area or
locality other than in India or whole
of India? Please give details.
:
3.
(i)
Details of transmission of the
channel:
Name of satellite hired/ proposed to
be hired for uplinking and
downlinked the TV channel
:
(ii) Orbital location
:
(iii) Type and No. of transponder(s) with
bandwidth :
(iv) Signal strength in primary zone over
India
Application for downlinking TV channel in India. 8
India :
(v) Name of the Company from which
the satellite/ transponder is to be
leased.
:
(vi) Uplink & downlink frequencies.
(Enclose map of footprint of the
satellite proposed to be hired for
downlinking)
:
4.
(i)
Name of the country/ location of
uplinking:
If it is a channel from India, please
enclose a copy of the permission for
uplinking. Please indicate the name
of the teleport approved for
providing uplinking facilities and the
date of grant of permission for
uplinking and period of permission
for uplinking.
:
(ii) If the channel is uplinked from
another country, please enclose a
copy of the license/ approval granted
by the licensing or regulatory
authority of that country and
indicate the exact place and country
of uplinking. Please also indicate the
date of issue of license/ permission
and validity.
:
(iii) Are there any intermediate hops of
the uplinked signal before being
downlinked in India, if so do you
possess the broadcasting license of
the concerned regulatory or licensing
authorities of those countries. If yes,
please enclose copies of the relevant
licenses.
:
Application for downlinking TV channel in India. 9
5. Proposed date of commencement of
downlinking.
If the channel is already being
downlinked, please indicate date
and time since when it is being
downlinked in India for public
viewership.
:
6. Please furnish, technical details such
as Nomenclature, make, module,
name and address of the
manufacturers of the
equipment/instruments to be used for
downlinking distribution, the Block
schematic diagram of the
downlinking and distribution system.
:
7. Please indicate the name and address
of the company or its associate where
the applicant company shall provide
to the Govt. the necessary equipment
and facilities for continuous
monitoring of the broadcast in India
and presentation of the recordings of
such broadcast for a period of three
months from the date of each
broadcast.
:
8.
(i)
The Applicant Company’s year-wise
collection for the last three years
of:____________
Advertising revenue from Indian
market for the TV channel
:
(ii) Subscription revenue from Indian
market for the TV channel :
(iii) Revenue from sale of programme
content for other use such as
DVD’s/CD’s/ mobile telephone etc.
:
Application for downlinking TV channel in India. 10
(iv) Please furnish audited copies of
profit & loss account and The
balance sheet of the applicant
Company for the last three years or
if incorporated later from the date of
incorporation.
:
9.
(i)
Please furnish names and addresses
of the following:.
Distributors of the channel in India
and their areas of operations.
:
(ii). MSOs in India who are authorized
downlink and transmit the channel
in India and their areas of operation.
:
(iii). Local cable operators who are
authorized to directly downlink and
transmit the channel in India and
their areas of operation.
:
(iv). DTH networks that are authorized to
carry the channel and their areas of
operation.
:
(v). Out of the preceding categories,
please indicate the names of those
distributors/ DTH operators/ MSOs/
LCOs with whom formal agreements
have not been signed and copies filed
with TRAI and the reasons thereof.
:
PART C: For Registration of the TV Channel
Application for downlinking TV channel in India. 11
1. Name of the Channel :
2. Logo of the channel (Please annex
pictorial depiction)
:
3. Is the name and/ or logo registered
under the Trade Marks Act, 1999?
:
4.(a) Is the name and/ or logo or a part
thereof being used by any other
TV channel in India or abroad?
:
(b) If so, is the name and/ or logo or a
part thereof registered as a trade
mark or a brand under the Trade
Marks Act, 1999 of India or the
corresponding law of the country of
origin? And if so, in whose name?
(Name attach relevant documents)
:
(c) If the answer to 4(b) above is yes, is
there an agreement between the
name and/ or logo owner and the
applicant company for its use in
India? Please furnish full details of
the agreement.
:
5 What percentage of the proposed
channel time will be utilized for
telecasting programme content of the
channel owning the registered trade
mark (name and/ or logo) to justify
its use by the applicant company?
Please give full detail of the content
sharing arrangements with relevant
documents.
:
Application for downlinking TV channel in India. 12
6
(a)
Category of Channe l:
Please tick mark the category to
which the proposed channel belongs:
General News & Current Affairs
Channel.
:
(b) General Entertainment Channel
(with serials, interactive programmes,
music, movies, lifestyle, travel &
tourism and cultural activities etc .)
:
(c) Special or Niche Channel e.g.
Sports, Environment, Science,
Technology, Religion.
:
7. In case of (c) please specify the
special subject for the channel. :
8. The language in which the proposed
channel will be telecast in India.
:
9.
(i)
In the case of general News &
Current Affairs Channel, please
furnish the following information:
Where is the content of this News &
Current Affairs channel collated and
uplinked from, alongwith
advertisements?
:
ii) Does the same content, including
advertisements get beamed into other
countries? It so, please name those
countries.
:
(iii) If answer to (ii) is no, please clarify
whether there is a customized signal
for India.
:
Application for downlinking TV channel in India. 13
(iv) What is the proportion of
advertisements carried as compared
to the total programming time in 24
hrs.?
:
(v) What is the proportion of Indian
advertisements?
Note: Indian advertisements means
advertisements made in India,
intended only for Indian viewers and
of eithe r an Indian or Foreign
Product.
:
(vi) What proportion of the channel’s
programming in 24 hours, is
carrying Indian/ India specific
content i.e. content intended for
India, based on Indian events?
:
(vii) Whether the channel can be called a
standard international channel? If
yes, please provide an indicative
schedule in support.
:
(viii) Are you seeking a waiver/
modification of Clause 2.4.1?
:
(ix) If yes, please indicate your
arguments in support with full data
on proportion of international and
Indian programme content and
advertisements and subscription and
advertisement revenues derived
therefrom.
:
10. Is the channel Free to Air or pay
channel?
Application for downlinking TV channel in India. 14
(i) channel? :
(ii) If the channel is a pay channel,
please confirm that the decoders are
being supplied or shall be supplied
only to registered cable operators/
MSOs and DTH operators.
:
(iii) Is the channel signal digital or
analogue? :
11.
(i)
Who makes or will make the final
editorial decisions about
programming and where are they
made or going to be made? Indicate
the name, address, and contact
number etc. of the individual so
responsible.
:
(ii) Is there any internal mechanism to
regulate content telecast on the
channel?
If so, please explain in detail. How
will the channel ensure the
adherence to the Programme and
Advertising Code?
:
(iii) Is there any mechanism to receive
complaints and redress grievances of
the public regarding content of the
channel? Please explain in detail.
:
12 Contact person:
Give the name of the person who will
be the applicant’s primary point of
contact with Ministry of Information
& Broadcasting for compliance
purposes. His address, email, phone
number, fax number etc. should be
given. The authority letter issued by
the Company be annexed.
:
13 Period for which registration of the
channel is applied for. (The period
Application for downlinking TV channel in India. 15
channel is applied for. (The period
shall not be more than the period for
which the applicant company has the
marketing/distribution rights of the
channel for India).
:
GENERAL
Whether declaration in Form 1A and 1B enclosed. (Yes/No) and also mention the
details.
Declaration:
1. We hereby apply for the grant of a registration for the TV channel (as given in
Part B & C) to be downlinked and distributed in India as described above and
declare that the information given in this application form, to the best of my
knowledge and belief, is correct.
2. We hereby apply for grant of permission to downlink the TV channel as
mentioned in our application above and declare that the information given in this
application form, to the best of my knowledge and belief is correct. We also
undertake to enter into an Agreement for Grant of Permission (GOPA) with
Ministry of I&B for each and every channel being downlinked by us.
3. We hereby affirm that we will abide by all terms and conditions of registration
and rules and regulations prescribed by the Government of India under
Downlinking Guidelines the laws of the land and any other broadcasting law to be
enacted in the future.
Place: (Signature of Applicant)
[Authorized Signatory of the Company]
Date:
Name
Office Address:
Tel./fax No. & e-mail ID:
Company’s Seal
List of Enclosures attached with the Application
Application for downlinking TV channel in India. 16
Please tick against the following documents enclosed with the application (as applicable):
(1) An attested copy of Applicant Company’s Registration Certificate under
Company’s Act 1956.
(2) A copy of Certificate of incorporation; Memorandum & Articles of
Association and Marketing/ Distribution Agreement.
(3) Shareholding Pattern as per Table 1.
(4) A separate sheet giving Name, Address, contact Telephone of Promoters &
Majority Shareholders and equity held in terms of amount and percentage of
paid up equity.
(5) A list of Key Executives along with bio-data of each Director giving date of
birth, place of birth, parentage, nationality, permanent address, residential
address, official address, passport number (if any), qualification, experience,
parentage etc.
(6) Audited Balance sheet and Profit & Loss Account for the last 3 financial years
and Certificate of Net Worth by a Chartered Accountant on the basis of these
documents.
(7) Details of map of footprint of the satellite proposed to be hired/ being used for
downlinking (channel wise).
(8) Copy of the permission for uplinking the channel. Copy of the license /
approval granted by the licensing or regulatory authority of that country
(channel wise).
(9) Copy of relevant documents of Applicant Company evidencing ownership of
channel/s being or proposed to be downlinked or marketing and/or distribution
rights for territory of India for each channel.
(10) Copy of documents in support of a News and Current Affairs Channel
fulfilling the eligibility criteria prescribed in the guidelines.
(11) An indicative programme schedule.
(12) Affidavits in Form 1A & 1B.
(13) Any other: …………………………………
Place : (Signature of Applicant)
Date : Name
Office Address:
[Note: In case of non- furnishing of complete information, the application is liable to be
rejected and returned to the company forthwith.]
Application for downlinking TV channel in India. 17
ANNEXURETO FORM 1.
FORMAT FOR SHAREHOLDING PATTERN TO BE FURNISHED ALONG
WITH APPLICATION
TABLE-1
SHAREHOLDING PATTERN OF APPLICANT COMPANY
M/s ______________________ AS ON __________
FACE VALUE OF THE SHARE RS. __________________
S.No. Category of
Shareholders.
Share Holding
Direct Investment Portfolio Investment
No. of
Shares
% of total
paid up shares
No. of
Shares
% of total paid
up shares
1.
2.
3.
4.
5.
6.
7.
8.
Indian individual
Indian company
Foreign individual
Foreign company
NRI
FII
PIO
Any other
Signature of Company Secretary with seal
Application for downlinking TV channel in India. 18
FORM-1A
AFFIDAVIT/UNDERTAKING
(on Rs 20 Stamp Paper & Notarized)
WHEREAS I, Shri ………………… S/o Shri _________________in the
capacity of …………..(designation) have applied to the Ministry of Information
& Broadcasting on behalf of M/s……………………….for approval/permission
for downlinking of TV channel ………………. in ……………….. (place).
WHEREAS as a condition precedent to above approval/permission, I am required
to abide by the Programme Code and Advertising Code prescribed under the
cable Television Network (Regulation) Act, 1995 and the Rules passed
thereunder.
WHEREAS I have read the abovementioned Programme Code and Advertising
Code.
WHEREAS I understand that the permission/approval so granted can be
withdrawn, if I fail to abide by the said Programme & Advertising Codes.
Now, therefore, I hereby undertake as follows:
i) I undertake to abide by the Programme Code and Advertising Code laid
down by the Ministry of Information & Broadcasting, Government of India from
time to time.
ii) I undertake to furnish periodic information relating to public complaints,
programme contents and any other information in respect of above-mentioned
TV channels as may be laid down/asked for by the Ministry of Information &
Broadcasting from time to time.
iii) I undertake to provide the necessary equipment and facility for continuous
monitoring of the broadcaster service at my own cost and preserve the recordings
of broadcasting materials for a period of 3 months from the date of broadcast and
produce the same to Ministry of Information & Broadcasting or to its authorized
representative as and when required.
Signature
Name
Designation
Seal of Company
Place :
Date :
Application for downlinking TV channel in India. 19
FORM- 1B
AFFIDAVIT/UNDERTAKING
[For Entertainment TV Channel/News & Current Affairs TV Channel]
(on Rs 100 Stamp Paper & Notarized)
WHEREAS M/s.--------------------------------------------------------------have applied to the
Ministry of Information & Broadcasting for approval/permission for downlinking of a
TV channel -------------------------------------.
WHEREAS information have been provided in Form 1 supported by affidavit in Form
1A and declarations in Table I along with other related documents (i.e. Memorandum and
Articles of Association, project report, satellite lease agreement, etc.)
WHEREAS we understand that the information given in the application and in Form 1A
1C and Table I and other related documents form a composite part of this permission.
We submit that our channel is purely an Entertainment TV Channel/News & Current
Affairs TV Channel and have/does not have any news or current affairs based
programme.
We hereby undertake that in accordance with the guidelines for downlinking of TV
channels, we will seek fresh permission from the Govt., should there be a change in the
Programme content of the channel to include news/current affairs along with a change in
the ownership pattern to include any element of foreign equity/management control and
that prior information of any such proposed change shall be given to the Government.
We also undertake to supply information, in the format as prescribed by the Govt. from
time to time.
For and on behalf of
M/s_______________________
Authorized Signatory
Seal of the Company
Date :
Place: