NEW DELHI: The Government is to allow bidders in Jammu and Kashmir, the northeastern states, and the Island territories to bid for FM Radio channels in the third phase even beyond the national limit on ownership of channels of 15 per cent per entity.

This is being done to incentivise bidding for channels for these areas, Information and Broadcasting Ministry sources told indiantelevision.com.

FM Broadcasters in Jammu and Kashmir, the northeastern states and the island territories will be required to pay half the rate of the annual license fee for an initial period of three years from the date from which the licence fee becomes payable and the permission period of 15 years begins.

The concessional fee had also been revised for FM channels already existing in these territories with effect of the issuance of the Guidelines of the third phase of FM Radio expansion in the country in July 2011.

The third phase of FM Radio expansion in the northeast includes 31 in the seven states of the northeast, six in Jammu and Kashmir, and nine in the island territories: three each in Daman and Diu, Lakshdweep, and Andaman and Nicobar.

In addition, 15 FM stations will be set up in border areas of Jammu and Kashmir and 18 in the border areas of the seven states of the north east.

Apart from the fee relaxation, it is proposed that Prasar Bharati infrastructure would be made available at half the lease rentals for similar category cities in these areas.

NEW DELHI: All India Radio has proposed Rs 3 billion under a new scheme for adequate coverage in border areas in Jammu and Kashmir and the North-eastern part of the country.

This is in addition to the continuing scheme under which Rs 1 billion has been proposed. The two schemes together will take care of the requirements of J&K and the North East in the 12th Plan.

However, Information and Broadcasting Ministry sources said the approved outlay for the 12th Plan is yet to be received.

Meanwhile, the sources said AIR has stations in 71 tribal areas out of the total 275 radio stations in 34 states and union territories as on 31 March this year.

However, 18 of them are giving below optimal performance because of either shortage of staff (seven) and ageing transmitters (11).

The sources admitted that in all 24 radio stations over the country were giving below optimal performance because of shortage of staff and 51 stations had problems of ageing transmitters (38 FM transmitters, 6 Short Wave and 7 Medium Wave). Sanction had been received for replacing a majority of these in the 12th Plan.

NEW DELHI: The Copyright Amendment Bill, which had been deferred earlier because of differences between the Information and Broadcasting Ministry and Human Resource Development Ministry, has finally been cleared by the Union Cabinet.

It is understood that the two Ministries in their ?fine tuning? exercise have agreed to restore the provision of statutory licensing as proposed earlier in 2010.

The amendments to the Copyright Act 1958 aim at according ?unassignable rights? to ?creative artists? such as lyricists, playback singers, music directors, film directors and dialogue writers who will be paid royalty every time the movie they have worked in is aired on a television channel.

A statutory licence is an exception under Copyright Act. It puts limits on the basic principle of the copyright law that authors and creators should have the exclusive right to control the dissemination of their work. Under statutory licensing, the royalty or remuneration for the author or creator is specified by law or such set negotiation.

With the bill getting clearance, the statutory licensing clause will not specify users allowing for television and new media broadcasters as well as radio broadcasters to be benefited.

However, the bill allows for charging different rates depending on the use.

The legislation had been opposed in Parliament in its last session, particularly the clause for statutory licensing for radio broadcast of literary and musical works.

Radio operators had also protested the move by the HRD Ministry to significantly alter an earlier version of the Copyright Amendment Bill 2010.

Association of Radio Operators for India (AROI) president Anurradha Prasad has written to I&B Minister Ambika Soni pointing out the adverse impact of a proposed change in the Bill by the HRD Ministry from the previous versions.

Prasad had told indiantelevision.com that the version of the Bill that was tabled in Parliament late last year mandates statutory licensing of music by a body called Copyright Board at rates prescribed by that agency. Now there is a proposal to delete the statutory licensing clause.

"Absence of such a regulation would mean that there would be too many bodies and companies demanding different royalty rates and representing different rights. Statutory licensing makes it easier for both radio companies to pay royalty and for music companies to collect royalty. This in fact is the only practical way as otherwise rate disputes and rights disputes would hamper growth of both radio and music industries," Prasad said in her letter to Soni.

Prasad said the distribution of royalty between various music right owners was best managed by the Copyright Board as per laws and regulations existing from time to time. "The scenario desired is one collection and distribution agency governed by Copyright Board to whom radio can pay royalty and obtain statutory license, ?? she said.

NEW DELHI: Seeking better utilisation of radio frequency spectrum, the Telecom Regulatory Authority of India has recommended that the frequencies for FM radio channels within a licence service area should be released with a minimum spacing of 400 KHz from the current 800 KHz.

Several private FM radio operators feel that the cutting of frequency spacing would lead to a deterioration in the quality of reception and impact the proper enjoyment of content and programmes.

In its recommendation to the Information and Broadcasting Ministry, Trai said the FM channels operating with a channels spacing of 400 KHz should be radiated from effectively co-located sites and transmitted with equal power.

The 43-page recommendations by the regulator follow a request from the Ministry in August last year. The Ministry had requested Trai to reconsider the issue of minimum channel spacing within a licence service area in the FM radio sector.

The regulator has also written a letter to I&B secretary Uday Kumar Varma in this regard.

It said the exact location of frequencies may be done taking into account the frequencies and power of the existing set-ups/already allocated frequencies in the adjacent licence service areas so that the criteria for frequency re-use are satisfied. All the future planning if frequencies and development of the infrastructure should be done accordingly.

The co-location of transmitters has already been recommended by Trai in its earlier recommendations pertaining to expansion of FM radio broadcasting through private participation.

The minimum channel spacing - the frequency separation between the adjacent channels? carrier frequencies - is an important parameter which determines faithful reception of individual at the licenser?s FM radio receiver set.

With the improvement in the quality of radio receivers, penetration of digital devices such as mobile sets among the masses and alternate designs of the FM radio transmitter set-ups, it is now technically feasible to transmit more FM radio channels with reduced channel spacing in a given licence service area.

This should ensure effective utilisation of scarce radio frequency spectrum, the regulator has said.

Earlier, Trai had asked for stakeholders? comments on the issue in which only Radio Mirch has supported the recommendation while all the other private FM operators had expressed concern citing cost escalation, devaluation of current radio business and negative impact on the quality of sound of current stations as reasons for not supporting the move.

Those who have not supported the proposal are FM arms of media houses like HT Media (Fever FM), TV Today Network (Oye FM), Next Media Works (Radio One) and Music Broadcast (Radio City).

Entertainment Networks India Ltd, which runs Radio Mirchi, said: ?The Trai?s recommendations on Phase III and minimum channel spacing of FM radio are progressive in nature and if they are accepted by the Government in spirit, it will mean rapid proliferation of private FM radio on a far larger scale than what we have seen in Phase II ? reaching out to the fringe populations of our country. In light of this, our submission is that the operating control of the private FM radio companies should vest with Indian companies and Indian citizens. Foreign controlling ownership, i.e. equal or greater than 25 per cent would mean that editorial and content control no longer rests with Indian citizens.?

However, Radio One believes the reduction should not be done in A and A+ towns as these are towns where all the existing players have paid the maximum licence fee. ?These are also the most crowded FM markets with challenges even at 800 kHz separation. It should be considered only if existing players are allowed 15 years co terminus licence with new players and government is willing to bear the cost of the shift to lower channel spacing,? it stated.

Radio One also said that if the channel spacing is done without the co terminus for existing players, there is no level playing field and ?existing players will be forced to take legal recourse?. It warned that Phase III would get delayed as channel spacing is an issue which will take long time to resolve technically.

Meanwhile, Radio City said that the decision of reducing the channel spacing would not only be ?detrimental towards the interest of the existing broadcasters, but more importantly to the general public.?

It also said that there would be a substantial modification and investment required in the existing infrastructure. ?The private FM radio broadcasters will have to invest to the tune of Rs 100 million for each city to make the said reduction in frequency technically possible. Such investment would simply make the transition to Phase III unviable for a lot of the existing and new broadcasters,? it said.

NEW DELHI: SS Music channel, renamed as SS TV, has been suspended for seven days from 15 to 22 February and transmission or retransmission of the channel on any platform throughout India.

The central government passed this order following the order of 28 November last by the Division Bench of the Madras High Court validating the suspension of the South India-based SS Music Channel.

The Court had, according to the Information and Broadcasting Ministry, directed for a fresh period of suspension. Hence, the Ministry order.

Earlier on 16 November 2010, the Ministry had under Section 20(2) of the Cable Television Networks (Regulation) Act 1995 issued an Order prohibiting transmission or re-transmission of this channel on any platform throughout India with effect from 22 to 29 November 2010 following the telecast of ?Sizzling Hits? on 25 March 2010 and 10 April 2010 in violation of the Programme Code.

The channel had thereafter filed a Writ Petition in the Madras High Court challenging the order, and got a stay from a single judge on 19 November 2010.

Subsequently, single judge bench on 7 December 2010 allowed the petition filed by SS Music Channel and set aside the Order of the ministry, against which an appeal was filed before a division bench which admitted it for hearing on 21 March 2011.

In the meanwhile, the name of the TV channel had been changed from ?SS Music? to ?SS TV? after seeking permission from the Ministry.