| This recommendation, as being anticipated by officials
of the information and broadcasting ministry would also go a long
way in giving a fillip to the proposed DTH service of Indian pubcaster
Doordarshan. The ministry officials also expect that Trai would submit
its recommendations on this subject very soon.
The regulator after having studied DTH models globally, has come
to the conclusion that such business ventures have long gestation
period and, therefore, some relaxation could be given by the government.
A suggestion to the government, which need not necessarily accept
all recommendations from the regulator, may be that the annual revenue
sharing of 10 per cent be reduced to eight per cent of the adjusted
gross revenue. This would mean instead of paying the government
10 per cent on gross revenue, a DTH operator could subtract expenditure
incurred on things like transponder leasing, spectrum fee and sale
of hardware, if any.
According to the existing DTH guidelines, a licensee shall pay
an annual fee equivalent to 10 per cent of its gross revenue as
reflected in the audited accounts of the company for that particular
financial year within one month of the end of that fiscal.
However, if the government agrees on this recommendation on clipping
the revenue share percentage, then DTH operators would have to maintain
separate records of all streams of revenue.
Considering that entertainment tax is a state issue and differs
from region to region, Trai is likely to suggest that any such tax
levied on a DTH service be at par with the prevalent norms in the
cable industry and not put at a higher level because of niche-ness
of a DTH service.
At the moment, entertainment tax is not levied on a DTH service
at most places, but increasingly states like Maharashtra and Uttar
Pradesh have woken up to this untapped source of revenue for the
state exchequer.
As in the case of FM radio, the regulator is also likely to state,
without committing anything, that the government could review the
various foreign investment caps put in place for a DTH venture.
As per present DTH guidelines, total foreign equity holding, including
FDI/NRI/OCB/FII in the applicant company should not exceed 49 per
cent. Within the foreign equity component, foreign direct investment
(FDI) is not to exceed 20 per cent. The quantum represented by that
proportion of the paid up equity share capital to the total issued
equity capital of the Indian promoter company, held or controlled
by the foreign investors through FDI/NRI/OCB investments, shall
form part of the above said FDI limit of 20 per cent.
Further, the guidelines also state that broadcasting companies
and/or cable network companies shall not be eligible to collectively
own more than 20 per cent of the total equity of applicant company
at any time during the license period. Similarly, the applicant
company cannot have more than 20 per cent equity share in a broadcasting
and/or cable network company.
Trai sources, however, have pointed out that such recommendations
relating to DTH and other industry issues are still being fine-tuned
and changes may be effected in the final copy as "it’s a dynamic
process where several concerns are still being addressed."
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