| The proposed law on downlinking --- much talked about,
but not given as importance as uplinking in the past --- is aimed
at bringing about a semblance of coherence in the almost unregulated
broadcast and cable sector, along with some additional powers to the
government to check whether new entrants, especially non-Indian, are
serious about doing business in the country in a fair manner.
According to senior information and broadcasting ministry officials,
the draft note on downlinking "borrows from regulations regarding
this in the UK and the US."
The note on downlinking, for example, says that there is a need
to register and licence all TV channels that are beaming into India,
irrespective of the fact whether they are uplinked from India or
outside India. It also harps on the fact that in some countries
like the UK, there is an
elaborate procedure to be followed if a non-British TV channel wants
to target the audience there, unlike in India where the easy availability
of TV channels, especially free to air ones, have crossed 300.
Another feature of the draft policy, which is still undergoing
changes as discussions within the ministry continue on the issue,
is that every channel beaming into India, after registering with
a designated authority must open an Indian office. This would facilitate
the government / designated regulatory authority to communicate
with the channel concerned easily in case of disputes.
Interestingly, Prasar Bharati's attempts to take Doordarshan channels
to the UK have been part of a learning process for the Indian government,
which
learnt how the British regulatory body goes about such things, including
asking applicants for financial details.
On cue, the draft note on downlinking also states that any channel
wishing to register itself for accessing the Indian cable TV market,
would have to give details of profit & loss, antecedents of
ownership(s), major source(s) of funding of various ventures and
a broad business plan envisaged for India.
Of course, errant channels or those finding defaulting on any account
would be penalised heavily and in extreme case re-transmission of
such channels by cable operators would be made a cognisable offence.
Needless to state that as and when this law is put into force,
certain amendments would have to be made in existing rules like
the Cable TV (Network) Regulation Act, 1995 and the DTH guidelines
to accommodate a `must
provide' clause, which is mainly aimed at benefiting DD.
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