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BEFORE T: ;E HIGH COURT OF
DELHI AT
NEW DELHr .
EXTRA-ORDINARY
CIVIL JURISDICTION)
WRIT
PETITION (CIVIL.) NO.
7982 OF
2013
dN
THE
MATTER OF:
9X
MEDIA
PVT LTD & ORS. . .
PETITIONERS
VERSVS
TELECOM REGlJLATORY AUTHORITY OF INDIA
...
RESPONDENTS
AND
IN
THE MATTER
OF:
Home Cable Network
(P) Limited,
...
APPLICANT
INDEX
s ~ ~ - - . --.--. . ~ P a r t i c l J i a r s - Pg.
_No.
(_o..,wd
F ~ · - - ~ , - - - -
A
no.
1 Notice of Motion
2 - Urgent App'lication · -
3
Application--under
sec.151 CPC
an-d-. - r - t i - c l _ e _ 2 _ 2 _ 6 ~ - - . 2 - l - - i
of Constitution
of
India along with supporting
.::;
affidavit and board resolution in favour os
signatory
____
_
4.
ANNEXURE A 1 COLLY]
A true copy
of
the Down-linking Guidelines and
1..22 4r
t---------+--A
PP l i c a t l o ~ F o ~ ~
alo Qg_Y.Yith Form
A _ · 1 ~ ~ - - ~ - -
5.
ANNEXURE A-2
The relevant part of the TRAI report dated
J49
-5
21.07.2010
1 - - - - - - - - - - - A N N E X · U - ~ R - E - A - - 3
6.
7.
8
9
I
•
Email dated 06.08.2015 sent to TRAI,MIB
&
PMO
ANNEXURE A-4
52
Compilation of TRAI Reports and Pay
TV
Rates
5:. -l
3
charged with date
of
permission Granted by MIB
o-
to the 11 Broadcaster Cotl 1panies that are in
continued violations · · . . .
.
ANNEXURE A-5 .... ,
Representation dated 8.12.2015 sent to TRAI & · ·
MIB by Speed Post and E-mail
Exemption Application along with affidavit
~ ~ ~
.- . 7 1
j J ~
IS
ADVOCATE FOR APPLICANT
VI
v
t<
...s q;Ul_;
VIVEKSARIN
Advocate
131,
New Lawyers
Chambers,
Supreme Court of
India,
New
Delhi-11 0 001.
New
Delhi
DatedJk-12.2015
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BEFORE THE HIGH COURT OF DELHI T NEW DELHI
EXTRA-ORDINARY CIVIL JURISDICTION)
WRIT
PETITION CIVIL) NO. 7982 OF 2013
IN THE MATTER OF:
• ; ; e
9X MEDIA PVT. LTD ORS.
. . PE;TITIONERS
Vt:RSWS
TELECOM
R ~ G U L T O R Y
AUTHORITY OF INDIA
AND
IN
~ H E M ~ T T E R
OF:
•
Home Cable Network P) Limited,
Unit
30
Block
3
Tribhuvan Complex, Mathura Road,
New Delhi-110065
... RESPONDENTS
NOTICE OF MOTION
Sir,
The enclosed Application in the aforesaid matte as being filed
on behalf of the Applicants and is likely to be listed on
2 .12.2015 or any date thereafter. Please take notice
accordingly.
New Delhi
Dated:
22..·12.2015
ADVOCATE FOR INTEVENER/APPLICANT
f ] v ~ ~
VIVEKS RIN
Advocate
131, New Lawyers Chambers,
Supreme Court of India, New
D e l ~ i 1 1
0 001.
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BEFORE THE HIGH COURT OF DELHI T NEW DELHI
(EXTRA-ORDINARY CIVIL JURISDICTION)
C.M. NO. OF 2015
IN
\IVRIT PETITION (CIVIL) NO.
7982
OF
2 13
IN
THE M TTER OF:
9X MEDIA PVT. LTD ORS.
PETITIONERS
I
VERSUS
TELECOM
R E G ~ J L A T O R Y AUTHORITY OF INDIA
... Rt=SPONDENTS
AND
IN
THE M TTER OF:
.._.. . . .. ~ ~
klome Cable Network (P) Limited,
Unit
30, Block
3
Tribhuvan Complex, Mathura Road,
New Delhi-11 0065
The Deputy Registrar,
High Court of Delhi,
New Delhi.
Sir,
2
lWill you kindly treat the accompanying application one in
accordance with the High Court Rules and orders. The Ground
of
urgency is the Applicant and similarly placed operators
including 149. million consumers may suf fer irreparably.
Urgent directions are prayed.
•
New Delhi
Dated: 22.12.2015
ADVOCATE FOR INTEVENER/APPLICANT
1 J
eJ __g
VIVEK SARIN .
Advocate
131, New Lawyers Chambers,
Supreme Court of India, New Delhi-11 0 001.
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BEFORE THE HIGH COURT OF DELHI
AT
NEW DELHI
(EXTRA-ORDINARY CIVIL JURISDICTIQN)
C.M. NO. OF 2015
l
IN
WRiT PETITION (CIVIL) NO. 7982 OF 2013
IN
THE MATTER OF:
~ ' ' \
')
9X MEDIA PVT. L
TO
ORS.
... PETITIONERS
VERSUS
TELECOM REGULATORY AUTHORITY
OF
INDIA
AND
IN THE MATTER OF:
Home Cable Network (P) L i m i t ~ d
Un.it 30
Block
3
Tribhuvan Cbmplex, Mathura Road,
New Delhi-11 0065
... RESPONDENTS
APPLICATION ON BEHALF OF INTERVENER..,.. HOME
CABLE
NETWORK (P) LIMITED UNDER SECTION
5
C.P.C. READ WITH ARTICLE 226 OF THE
CONSTITUTION OF INDIA SEEKING MODIFICATION
AND VACATION OF ORDER DATED 17.12.2013.
MOST RESPECTFULLY SHOWETH:
1.
That the present petition has been filed challenging the
validity of the Standard of Quality of Services Regulation 2012
and the subsequent amendment of 2013. By the said
Regulation, the Respondent, TRAI sought to enforce the
provision of Rule 7(11) of CTN Rules 1994 made by the
Central Government under Section 22 of the CTNR Act, 1995.
2.
That the Petitioner mislead this Hon'b le Court ,by
suppressing the material facts and information thereby played
fraud to obtain the protection order dated 17.12.2013,
whereby this Hon'ble Court has restrained the TRAI from
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~ j ~
Lt
taking any coercive measure till the disposal of the writ
petition. r.lowever, it was directed that the Petittoners will
furnish weekly report of the duration of advertisements during
clock hour. The said Protecti9n order dated 17.12.2013 was
extended from time to time on the request of the Petitioner on
01.5.2015, 15.07.2014, 25.9.2014, 2.1.2015, 24.3.2015,
23. 7.2015, 8.9.2015, 23.9.2015, 17.11.2015 and finally on
27.11.201. The matter
is
now listed on.21.02.2016.
The protection order d.ated 17.12.2015 should
be
modified
and vaca ted on
the following grounds:-·
3. The petitioner has suppressed the following material facts
from this Hon ble Court
and
played fraud
in
o r e ~ to obtain a
protection order dated 17.12.2013. That the channel
l
Broadcasters have obtained the licenses under section 4 of
Indian Telegraph
Act
1885
as
per the policy guidelines for
down-linking of TV channels and they have specifically
agreed under Clause
5.1
that they will comply with the
provisions of
CTN
Act, 1995 and · the progamme and
apvertising code as prescribed therein. The Clause
5.1
of the
•
Down Linking Guidelines
is
reproduced below.
{5. 1
The
Company permitted
to
downlink registered channels
shall comply with the Prngramme and Advertising Code
prescribed under the Cable Television Networks (Regulation)
Act, 1995.
In
addition to they have given
an
Affidavit and Undertaking in
Form A1 as a matter of consideration for obtaining a licence,
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r
they shall abide by the Provisions of CTNR Act and CTN
Rules made thereunder. A true copy of the •Down-linking
Guidelines and Application Form along with Form A 1 is
e ~ l o s e d herewith as ANNEXURE A
1
COLLY].
The current p e t i t i o n e r ~ have not disclosed the said aspect of
the matter before this Hon ble Court whereby they have given
a specific Undertaking that they shall abide by the Provisions
of CTNR Act and Rules therel,lnder. It is important to note
that the Provisions of Rules 7(11) of CTN Rules are
applicable w.e.f. 31.07.2006.
4
The petitioner had approached this Hon ble Court after
l
delay of seven years after the enforcement of CTN Rules 7
( 11) of
th
CTN Rules, 1994. The equitable jurisdiction could
not have been exercised in case of such long 9e1ay would
have been disclosed by the petitioners before this Hon ble
Court. As on today, the existing provisions of 2012
Regulations are nothing but the provisions of Rule 7(11) of
the CTN Rules, 1994.
5 The Broadcasters primarily, those are not listed entities have
suppressed the financial information from the TRAI and have
not co-operated for the purpose of tariff fixation. The findings
to this ;effect has been given by the respondent TRAI
in
its
report dated 31.07.2010 submitted before the Hon ble
Supreme Court in CA no.
829-833
of
2009
and the said
conclus\ions and findings have not been challenged by any of
the broadcasters thus has obtained finality against them. The
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Broadcasters have been guilty
of
misconduct. Petitioners
guilty of misconduct of suppression not entitled :for equitable
relief. relevant part of the Report dated 21 07 2010 is
enclosed and filed
as
ANNEXURE A2.
6 Order dated 17.12.2013 is being misused by the Petitioners
who are
. .
1mposmg
unreasonable restrictions
on the
fundamental right of the 149 million consumer homes for the
benefit of Pay V Broadcasters. Consumers have
.
fundamental right under Articles
19
and 2
of
the Constitution
against the unjust extractions of money by the monopoly
granted by the State. Sroadcasting licenses is a state largess
l and subject to reasonable restrictions. The consumers have
been burdened with the unwanted advertising and also with
I
the subscription charges. Broadcasters are under obligation
and fundamental duty as they are enj<?ying the state largess
and natural monopoly and are only entitled to enjoy one of the
two steams of revenue from the broadcasting channels. Either
•
from advertising revenue or from the subscription revenue.
Correspondingly the ·subscribers have fundamental right of
protecti:on against such dual burden. Either he can be
obligated to watch commercial advertisements during the
programme and not pay any subscription; or pay subscription
or not to
be
burdened with the unwanted commercial
advertising in-between programme on pay
V
channel as
subscribed. Subscriber is a source of advertising. revenue to
the broadcasters and he has every right to get subsidy for the
same.
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·
7. The real issue
is
of tariff for Pay
TV
Broadcasters.
Broadcasting service being essential service are subjected to
tariff control under Section
11
2) of the TRAI Act, 1997. The
Broadcasters have been e11joying tariff forbearance and also
not permitting the Respondent TR.AI to fix the tariff by not
SLJpplying
the relevant financial information.
Following is the illustrated models for the purposes of
understanding the economy of a channel.
The
pr;esent
issue can
be
illustrated
by
the hypothetical
example as given below:-
TABLE
1
Hindi GEC Channel Rs in Crores) ·
Operating Expenses
8
Capital
Expenses 2
Reasonable
Profit
2
Total Revenue
i ·
Required 12
Assumption of
revenue
Adv Revenue
5
Subscription
Revenue
7
I
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•
TABLE -2
.
Duration
of
advertisement
t-· .
-
'
·
~ ~
Spot
I
time.
10 second
I
--·
.
'
I
-=-·,
.
_..,......,
Spot
Charges Rs 100012er
10
sec
I ; , • , 1 ' > . c I • , •
_ otal Adv spots required in yea,r
500000
I:;
~ ~ o t l A d v ~ o t s ~ g u i r E 9
in a
1370
total Adv spots required
in an
hour
57
. - --" "
.....--.--..
hence total adv minutes
in
a hour
9.5
57
spots
in hour
means
570
seconds or
9.5
minutes
Adv Time
9.5
minutes/ hour
Situation I (when
Adv
can also be allowed along
with subscription charges)
Monthly
Subscrietion
eer
consumer
.
.
Total no of
subscriber
50000000
Sub
Revenue
Rs.
700000000
1 ·
Price per
sub per
year
Rs.
14
Price per
sub per
month
Rs. 1.16
Monthly
Subscription
'
Rs. 1.16
-I
I
-
I
I
I
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Situation
II (when
no a d v e ~ t i s e m e n t
can be
permitted
i
If monthly subscription charges are i n c r e ~ s e d by Rs. 0.84 per
month and it is now Rs 2 per month, no advertisement is
required at all.
In
the present industry sitLiation, there is no
requirement of commercial advertisement at all because
l i t is clear from the above illlJstrated case, if the revenue
requirement is met from the advertising revenue. The
Sroadcasters do not have any right to charge subscription for
the s a m ~
·8 It
is
important to note that with the ·every increase
in
the
subscriber base cost of operation or any other cost of
providing the service goes down and advertising revenue
increased. After a certain point, the cost to provide the
service to additional subscribers is marginal.
In
such given
economic conditions it is important that this Hon ble Court
adopt
an
economic interpretation of the existin9 Regulations
of 2012 as amended
by
2013 amendment and the Provisions
of Rule 7(11) of the CTN Rules, 1994.
Since t ~ e Broadcasters have gained unjustly by burdening the
. .
consumers, they should refund either subscription c h ~ r g e s to
the subscribers or make over the subscription revenue or
advertising revenue into the Consumers Welfare Fund
maintained by Union of India
1
under the Consumes Welfare
.
Fund R u l ~ s 1992 read with Centrc;tl Excise and Sale Act,
1944.
•
9
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t
9.
T h ~ t the Petitioners svppressed material facts and information
from this Hon'ble Court and after misleadingf this Hon'ble
Court secured the Order dated 17.12.2013. The relevant fact
for the purpose of just disposal of the present petition is that
the Pay TV Broadcasters charge monthly subscription from
the (Ordinary as well commercial) Sl)bscribers through their
respective distribution platform operators (DPO) and also
insert commercial advertisement (of duration much more than
permi sible under the law) for which they charge the
advertisers. The consumers pay monthly subscription for the
content Programme and not for unwanted advertisements
•
inserted
in
between the programme. The Pay
V
Broadcasters earned the advertisement revenue on accounts
of the ordinary consumers, subscribing to these pay
V
Channels and thereafter fhese subscribers spending their
time and money to get before the
V
screen. The Pay
V
Broadcasters' advertisement rate card (which is based on per
spot of 10 seconds) on the number of viewers/subscribers of
that channel. The Broadcasting services being essential
l service is regulated. The Subscriber must be subsidized for
the advertisement revenue earned by the Pay V
Broadcasters because of viewers. Presently there are more
than 149 million Cable TV and DTH
V
homes
in
'the country
and Digitization of Cable TV has been achieved in all urban
households under Phase- I
II
& Ill of DAS implementation
'
and there is no pilferage of subscription revenue with a Set
Top installed on every V Set by Subscribers
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{
Consumers provided
by
the respective DPO, whereas every
Pay TV broadcaster decides their rates of advertisement spot
of
the 10 seconds based
on
TAM Television Audience
Measurement) and its generated TRP television rating
points) which
is
also baseo
on
its number of
viewers/subscribers. The said rates are solely dependent
on
the number of subscribers of TV channel homes and goes
on
to an average of Rs. 2 [Two] lac charged for a 1 second of
an aqvertisement spot
in
prime time.
The tariff charged to the subscribers of the channels, have
three components, 1)
t h ~
cost of providing service which
includes reasonable profit) which
is
the revenue requirement
2) the revenue from the channel broadcasting which consists
of both subscription and advertisement charges 3) the
existing subscribers and ongoing growth. The cost of service,
along with reasonable profit
is
the revenue required by the
channel. The said revenue has two main revenue streams
namely, 1) subscription and 2) advertisement and these two
streams are. dependent
on
subscribers and their collected
subscription charges. The revenue requirement is to be met
by either of these two
s t r e a m ~
which have off setting impact
on
one another.
lri case the cost which includes the element of profit van
b;; recovered from the advertisement revenue then the Pay
•
TV Broadcasters do not have any right to charge monthly
subscription from tile subscribers through their DPOs.
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-
x
Similarly n case the Pay TV r o a d c ~ s t e r s is charging
subscription or recover the cost from thet subscription
charged, then the said Pay
TV
Broadcasters are not entitled
l to insert unwanted advertisements. This is the fundamental
principle of tariff structure for ,essential g·oods and services.
The said Pay TV Broadcasters are not being directed by the
TRAI to remove the advertisement or provide the channel
without any charge nil tariff) and continued soft measure has
•
been .adopted by the Union
of
India from the beginning
of
1994 a ~ d it is only n
2006
the central government introduced
rule 7
11)
of the CTN Rules, 1994 w.e.f. 31.07.2006 with the
-
objective to give relief to the consumers from excessive
a d v e r t i ~ e m e n t when all the channels, started to convert into
pay
TV
channels , with bundling of these pay
TV
channels
with unwanted
TV
Channels and further limitless duration of
advertisements being also shown on these bundled pay TV
l channel packages forced upon the Consumers
TV IN USTRY REVENUE
[INR n Billion for a calendar year and Projections fpr
2015]
.
Subscriber base is
149
Million n 2014
200 200
201 201 201 201 201 201
8 9
0
1 2
3
4 5
2_
I
i
Adv.
82 88
103 116 125
136
155 175
I
I
Sub.
158 165 187 213
245 281 320 369
Tatar
241
253 290
328 370 417 475 543
._____________
FICCI-KPMG -Indian Media and Entertainment Industry Report, 2015)
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3
The applicant Llndertakes to produce the report during the
course of hearing and
tl1e
same is not being enclosed
because it
is
voluminous
.The said advertisement revenue
is
being· earned due
·to subscribers only and they should be subsidized by the
broadQasters. The said revenue is sufficient to meet the
.
revent Je
requirement of the broadcasters and hence no
subscription should be charged from the subscribers at all.
In ·case, subscription is charged, then no commercial
advertisement should be inserted. The subscriber has right
not to be bl)rdened with unwanted commercial
advertisements because he pays for the content ano
programme and not for the advertisement which is
encroachment
on
his right
to
receive infotainment without
advertisement breaks. The revenue, earned from the
advertisements
is
unjust enrichment by the broadcasters
and same should be refunded to the subscribers or in the
alternative the Pay TV
B r o a ~ c a s t e r s must deposit with the
Consumer Welfare Fund of Union of India. The consumer
has right not
t
be burdened twice over one by subscription
charges and secondly by commerc al advert isement. The
•
broadcasting services are permitted under sec 4 o the
Indian Telegraph A;::;t 1885 as state largess and are
in
the
nature of natural monopoly, and of essential services. The
consumer should not
be
charged unnecessarily when the
broadcasters can make up for the revenue requirement
from the advertisement revenue. The consumers have
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•
y
fundamental right to information and entertainment, without
any restriction. The restriction can only be imposed for
I
.
pl,lblic order. There
is no
justification for imposing burden
of subscription along with advertisement.
The primary issue is of the tariff fixation by the
TRAI, which has not
be
disclosed
by
the petitioners before
this Hon ble Court. Even the TRAI had been delaying the
.
process of tariff fixation, which
in
the past has attempted to
carry out the exercise in halfhearted way but the attempts
were thwarted by the said Pay TV Broadcasters by non-
cooperation and non- submission of relevant financial
information. The said fact had been reported by the TRAI
in
its report dated 21.07.2010, which was submitted before
the Hon ble Supreme Court
in
the CA No. 829 - 833 of
2009. The findings regarding the suppression of the
material financial information from the TRAI, were not
controverted by the broadcasters. Thereafter,
t,he
Hon ble
Supreme Court and also TDSAT on various occasion
directed the TRAI
to
carry out the exercise of tariff fixation
taking into account ~ u h factors ·as mentioned above.
Thereafter, vide order dated 28.04.2015 the Ld TDSAT
directed by the TRAI to carry out the tariff fixation exercise,
but TRAI not yet fixed the tariff. The applicant has made
\
representation Dated August 6, 2015 to TRAI, MIS and
PMO and a copy thereof
is
enclosed
as
ANNEXURE A-3.
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·
5
10. The 2012 Regulation and its 2013 amendment only
provide limited protection to the consumers of pay TV
Broadcasters which is at the expense and cost
of
the
consumers through the OPOs, which are forced to view 12
I
. i n u t ~ s
of
advertisement
in
a clock hour
for
which they are
not subsidized. The TRAI ought to have completely
prohibited under these; regulations, the Pay
TV
.
Broadcasters from charging any subscription in case
of
i n s ~ l i i o n
of commercial advertisement or in the alternative
prohibited the insertion of advertise Tient if the subscription
was ;clilarged. However, even
st,Jch
favourable regulations
for
t 1e
said Pay TV Broadcasters are not being complied.
TRAI published reports
on
duration of Advertisements
shown by Non News
anc;l
News Pay
TV
Broadcasters
compiled based upon last Reports .published by TRAI
I
the Rates of these Non-News and News Pay TV
channels charged per SLJbscriber TV set, per Month from
the DAS and Non OAS ordinary Subscribers I Consumers
with the date of permission granted by MIS to these Non
•
News and News Pay TV Channel Broadcasters and a copy
of
the said
c o m p i l a t ~ o n
is enclosed as NNEXURE
A 4.
11. They are CLJrrently 763 news and non-news
broadcasters in the country permitted by the Ministry of
Information and B r o < ; l d c a s t i n ~ There are around 300 Pay
TV Broadcasters and there are only 139 Pay TV
Broadcasters (Refer Annexure A-5) those are committing
continued violation of the provision of Rule 7(1'1) of CTN
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l
Rules,
994
and Regulation 2 12 and its subsequent
amendments. The said offending pay TV
1
channel are
owned by
11
companie , and few of which have come
before this Hon'ble Court challenging the enforcement of
. the 2012 Regulations and got protection.
12
The protection o·rder dated 17.12.2013 is being
mi used bY the Pay TV Broadcasters, who are violating the
Regulation of advertisement duration frequently and
duration of advertisement
is
going upto
22
minutes
in
a
clock hour during peak hours 7 PM-
10
PM (much more
in
case average is taken on 24 Hour per clock hour basis .
This kind of an utilized monitoring facility is in place, done
by the Government of India, Ministry of Information and
Broadcasting that established an Electrqnic Media
Monitoring Centre
in
June 2008, with the aim to have
effective monitoring of content of various TV channels
beaming over Indian Territory for any violation of:
Programme Code, Advertisement Code and Various
.
provisions of Cable Television Networks Regulation Act,
995
and Cable Television Network Rules, 1994 Rule 6
and 7 The protection order dated 17.12.2013 has resulted
into conferring the super profit to the Pay TV broadcasters
at the expense of poor ordinary consumers. It is important
to
note that the cost of providing the service to such
additional subscriber is margina.l and there is no
involyement of extension of infra-structure for adding any
additional
c;onsumer
misuse of such level ou9ht to be
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>
·
/
stopped
by
this Hon'qle Court and the order dated
I
17.12.2013 should be modified with the directions to the
TRAI for enforcement of 2012 Regulation and rule 7(11) of
CTN Rules, 1994. In case, the present application
is
not
allowed then the consumer will continue to suffer
irreparable loss which they would not have means to
recover the excess subscription charges from the Pay V
Broadcasters/DPOs and similarly DPOs will not be
in
a
position to recover the
e x c ~ s s
charges from the Pay V
Broadcasters. The Pay TV Broadcasters have continued
to profit at the expense of DPOs/ consumers which
is
not
justified at all. The said situation have arisen only on
account of the inaction and abdication
of
duty by the TRAI
to fix the tariff under Section
11
(2)
of
TRAI Act, and
violation
by
Pay TV Broadcasters on Duration of
advertisement shown, as prescribed under CTN Rules
•
1994 and the undertaking Affidavi t given to the Union of
India. The e p r e ~ e n t a t i o n dated 08.12.2015 has been
made to the Respondent and to the Ministry of Information
and Broadcasting and a copy thereof is enclosed as
ANENXURE A-S[COLL Y].
P R Y E R
In view of the above facts and circumstances, that this
'
Hon'ble Court may
be
pleased to:
a. modify the order dated 17.12.2013 and the subsequent
order up to 27.11.2015 vide which the said protection
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.
A order dateo 17.12.2013 was extended from time to time
with regard to theePay TV BroadGasters
b
direct the Respondent, TRAI to enforce the Standards of
Qt;ality of Service (Digital Addressable Cable TV Systems)
Regulations, 2012 as amended in 2013 and the provisions
of rule 7(11) of the Cable TV Network Rules, 1994 against
the offending Pay TV BroadcQsters.
c direct the Respondent TRAI and Union of India to enforce
the Clause
5 1
of the Down Linking Guidelines and the
undertakings given by the Pay V Broadcasters under
Form A 1 against the Pay TV Broadcasters.
.
d d i r e < ; ~ the offending Pay TV Broadcasters to· deposit the
advertisement revenue earned during the period from
17.12.2013 onwards
in
the Consumer Welfare Fund
maintained
by
the Unibn Government,
e Pass such other and further order as this Hon ble Court
may deem fit, just and proper in the fact and circumstances
of the case
AND FOR THIS ACT OF .KINDNESS THE APPLICANT AS
DUTY BOUND SHALL EVERY PRAY.
New Delhi
Dated: 19.12.2015
ADVOCATE FOR APPLICANT
/ l v ~ ~
VIVEK SARIN .
Advocate
131, New. Lawyers Chambers,
Supreme Court of India, New Delhi-11 0 001.
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9
.
.
BEFORE THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRA ORDINARY CIVIL JURISDICTION)'
WRIT PETITION (CIVIL) NO. 7982 OF 2013
IN
THE
MATTER
OF:
.
9X MEDIA PVT. LTO
&
ORS.
... PETITIONERS
VERSL)S
TEL ;COM REGL)LATQRY AUTHORITY OF INDIA
... ~ S P O N E N T S
AFFIDAVIT
I
Vikki Choudhry, S/0
Mr.
Raghuraj Singh, aged about 44
yean;; R/0
B-10, Friends Colony
West
New Qelhi -110065 do
I
herE?bY solemnly affirms and state ·as under :-
1. That I am director of the applicant Home Cable Network Pvt.
Ltd. and duly authorized vide board resolution dated
11.12.2015 by the applicant company and also am familiar with
the facts and circumstance of the case hence competent to
swear this affidavit :-
2.
That l have read and understood the content
of
the
accompanying application, wbich has been drafted by our
counsel under my instructions. The content thereof are true .and
correct to the best of my knowledge based on official records,
maintained in the usual course of business and information
received and believed to be true and correct. Legal submission
is based on the legal advice rendered and verily believed to be
true and correct. No part of
it is
false and nothing material has
b1en concealed thereform.
3. The annexure accompanying the present application are true
copies /prints o f the respective originals.
For
H ~ m e Cable Network Pvt.
VERIFICATION:-
,
.
~ ~ · • • · ~ - M
. ~ ~ = -< _ _ , , , ~ . , . ~ ~ ' < « < - - < - e ~ _ . . : , - - ' V ~ - ' - ; , , . . . , _ ~ . . , . ,
~ . . . _ . « _ A t , . . _ ' i t · ~ - ~
. . ~ . . . . . _ ~ . . . . . . . . . _ . _ . .
~ > f ;
.... . : « ' * ' ' • ' ' ' * ~ ' , . . _ , t . , . , ~ . . - )j . > . i + - ~ O < h < ' ' • H • § > ( ) ; : r . · , . , - . , V ~ ? f
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2o
Verified at New Delhi on this nd day of Oecember 2015. I
f
Vikki Chaudhry the deponent above named do hereby verify
that the contents of above affidavit from para 1 to 3 are true to
my knowledge that no part of the same is false and nothing
material has been concealed therefrom
.t< or\1-JptM
?able
Netwou. t>vt
Lw
~ t .
~ c t o r
•
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<-
2
c
A
•
.
}
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE SPECIAl MEETING OF THE
BQARO
QF DIRECTORS OF
TH E
COMPANY
HOME
CABlE NETWORK
PRIVATE
liMITED
HELD AT 5.0QPM ON 11th DAY OF DECEMBER
2015
AT
THE
CORPORATE OFFICE Unit
30 BLOCK-Ill, TRIBHUVAN COMPLEX, NEW OELHI-110065
Resolved
unanimously
that Director Mr Vikki Choudhry, S/o Shri. R a g h ~ r a j Singh R/o B-
10
Ill RD Floor, Friends Colony (West) New Delhi - 1100 65
is
hereby authorised
by
the
Company
ha\{ing
its
registered
office
at
19 CSC (DDA) Sukhdev Vihar,
New
Delhi-110025
to
file,
Petition, Appeal,
Applications etc.
and institute and
cQnduct legal
proceedings
before the Hon'ble High Court of Delhi or at any other
a p p r o p r i ~ t e
legal forum in the
matter of continued violation
by
the Pay TV
News
and Non- News
broadcasters
of the
Programme and Advertisement Code prescribed under the Cable
Television
Networks
Rule 1994.
Resolved further that he be authorised to
file,
institute, sign and Verify All Complaints
Replies, suit/s, Revision, Petition, Appeal, Applications,
Replication
to give evidence, to
sign and
verify
t ~ e affidavits, to a d m i t / d e n ~
docl)roents, 'to
exhibit documents, to
•
B
deposit,
withdraw
or
receive original
documents before.the
Hon'ble High
Coart
of Delhi
.
I The Supreme Court of India to appoint advocates, to sign Vakalatnamas and grant
power of attorneys etc on behalf of the Company, to give instructions to the advocates
etc, on behalf
of the
Company and to
do all other
lawful
acts, and
things
in
connection
with cases
filed
or to be initiated
by
and against
the Company.
Resolved
further that all
acts,
deeds,
things
done
by
the Director, Authorised Signatory
and
Majority
Shareholder
in
the Company, Mr. Vikki Chaudhry as authorised above in
connection
with the above, shall be
binding
upon the Company.
II Certified True
Copy//
.For
Home Cable
Network Private limited
Mr. Neeraj Sharma
Director
l
Mr. Bhupesh Sehgal
Director
Mr. Vikki Chaudhry
'Director
...
l E
:t
,
,
C•
'
f
(
:
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· J
\
•
2.1. Only Companies permitted/eligible for permission to downlink, as
per Clause 1 above, shall be eligible to apply for permis sion of channels.
2.2. . The downlinked channel mliSt be licensed or permitt ed for being
broadcast by the regulatory or licensing authority
of
the country
of
transmission, proof of which wo1 1ld have
to be
submitted at, the time of
application.
2.3. The channel being registered should not have been de registered
under these guiQ.elines at the time of application.
2.4. No News and Current Affairs channel shall be permitted to be
downlinked if it does not meet the following additional conditions:
•
That it does not carry any advertisements aimed at Indian viewers;
T h a ~ it is not designed specifically for Indian audiences;
That it is a standard international channel;
That it has been permitted to be telecast in the country of its uplinking
by
the regulatory authority
of
that country;
Provided that the Government may waive/moQ.ify the condition under
clause
2.4.1
on a case-by-case basis.
2.5. For the pllrposes of these guidelines any channel, which has any
element
of
news or current affairs in its programme content, will be deemed
to be a news and c urrent affairs channel.
2.6. [ Delet ed ]3
3. [PERIOD OF.REGISTRATION AND PERMISSION
The P ~ r m i s s i o n granted to a company to downlink channels, uplinked from
other countries, into India under these guidelines shall be valid for a period
gf 10
years from the date
of
issuance
of
permission. The Registration
granted to such channels under these Guidelines
shall
also
be valid
for a
period often years. ·
The Registration granted under these Guidelines to channels uplinked from
India shall also
be
valid for a period
of
10
years and shall
be
co-terminus
with the up linking permission of the channel.
4. PERMISSION FEE
4.1. The Company seeking permission to downlink channels, uplinked
from other countries, into India under these guidelines shall pay a
permission fee
ofRs
10 lakhs at the time
of
grant
of
permission·.
4.2. The Company shall pay a Permission fee for Registration of
channels under these guidelines as follows:-
Rs. 5 lakhs
per
channel per annum for Downlinking
of
Television Channel
uplinked from India.
1
Rs. 15 lakhs per cham1el per annum for Downlinking
of
Television Channel
uplinked from abroad.
After being held eligible, the applicant Company shall pay the permission
fee for the first year before the issu.ance of permission. The succeeding
?_Ll
77c
£ > ~
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i
\
•
on five occasions or more. What would constitute a violation would be
determined in consultation with the established self-regulating mechanisms.
The renewal will also be subject to the permission/ registration
holder s acceptance
o
all
o
the terms and conditions
o
permission as the
Goverrunent may prescribe by way of1Jolicy pronouncements from time to
time.
At the time o considering the renewal
o
permission/ registration o
the existing permission holders, the eligibility criteria
o
net worth
o
the
company and experience o the top management will not apply. However,
other terms and conditions would be applicable as per modified terms and
conditions o the permission.
10.
TRANSFER
OF
PERMISSION OF TELEVISION CHANNELS
10
1 1
The permission holder shall not transfer the permission without prior
approval o the Ministry
o
Infonnation and Broadcasting·.
10.2. In case o transfer
o
permission
o
a Satellite Television Channel
uplinked from India from one company to another as per the provisions
o
Up linking Guidelines, the registration o the channel under the downlinking
GuiQ.elines shall also stand transfen•ed to the new company.
10.3. In case o companies permitted
to
downlink channels from other
countries, on a written request from the pennission holder, the Ministry
shall allow transfer o penn,ssion in case o merger/demerger/
amalgamation, or from one Group Company to another provided that such
transfer
is in accordance with the provisions o the Companies Act, and
further subjectto. the fulfillment o following conditions:
(i) The new entities should be eligible as per the eligibility criteria
including the net worth and should be security cleared.
(ii) The new entities should undertake to comply with all the terms and
conditions o permission granted.] 1
Note (Superscripts) :
1
Amended vide Order No. 1501134/2009-TV(I), Dated 05.12.2011 o
the Ministry
o
Information and Broadcasting
2- Amended in accordance with the provisions o the Sports
Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
and the rules anti notifications there
u n d e ~
3- Deleted as not relevant
as
per cunent Approved Cabinet Note.
29
r r ~
I
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Al }·)] -C. Y
1
·
.
c ~ ~ ~ .
Application form. fot J l t n t h j i ~ : s i p n r t Q . : i : ~ o ~ } ' J 5 . f h r i ( i t ~ T Y Q I 1 ~ n l e l ~ ~ ® : K d l t
Cttrrent
Affairs
imd
< h i " ~ e \ v $ : & C ' 9 t : ~ i i i F ~ f f # r s ) " ( T o b e ; ~ i i f m l l t , : i i ~ i l
o " ' ' , - , , : / : _ - - ~ ~ ; ' '
>
' , ' 9 £ - _ , : · A l ; _ , _ : : : : _ K { ~ : - ~ : -
---:or--
To,
The
Secretary,
Ministry of
Information
Broadc,asting,
Shastri Bhawan, A Ving,
New Delhi-110 001.
Subject: ApplicatiO, l for
l e r m i ~ s i o n
to ..
, ........ .......
.
................
.
(Please 1nention the purpose o application).
Sir,
~
I hereby submit the following details in suppmi 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 0 1 ~ APPLICANT COMPANY)
1
Name of the Applicant Company and
:
Status (Pvt. Ltd./Pub. Ltd.)
2.
Complete Postal Address with
:
1
Telephone/Fax Nos. E-ma il ID
.
(i) Corpora te Office/Head Office
ii) Registered Office
.
'
ii)
Regional Offices/ Country/ nature
· o activity
· · · · ~ ~ · · · · · · · ·
Application
or
down/inking [V channel in India.
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·
f
3
Address for Correspondence with
Telephone/Fax/E-mail
····•··· ·
• 1
-
4.
1
Name of Authorised Contact Person
His designation
and
Telephone/Fax
~ _ _ . . ~ .
Nos/E-mail I ] .
· .,
s 1
Processing
fee paid
and
details
of I I ~ ~ . ~ ~ . · ~ ~ ~ ~
payment. • .
- - - - - - - - f ~ ~ ~ - . · ---- . . - l .
6
Registration
details
under
Company s
Act 1956: Incorporation
No.
and Date
(attach a copy of
Cert(ficate of
incorporation and
Jlfemorandum
Articles of
Association).
7
l
Details
of
Promoters Majority Shareholders
(Attach a separate sheet giving Name, Address, c ontact Telephone an d equity held in
terms
of
amount and percentage
of
paid up equity).
FJ Details
of he
o m p ~ n y
j
I I
8.1
1
Board
of
Directors
(Attach list of
Directors along with bio-data of each
Director giving date of birth, place
of
[ r
birth, parentage, nationality,
perqwnent address, residential
address, official address, passport
number
if
any), qual{fication,
experience, parentage etc).
Application
for
down/inking TV channel in India.
2
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' 32.
8.2 · I Key · Executives: Startii1g with
CEO/MD, Head of Marketing, Head
of Progran1ming etc.
(Attach list
of
Key Executives along
withl bio-data giving date of birth,
place of birth, parentage, nationality,
permanent address, residential
address, official address, passport
llUIIlber {(f
1 1 1 ] ~ ,
qualification,
experience paren; age
e t . s : L _ ~ _ _ . . . . L _ . - - l - - ~ ~ - - . - - . . . . . . . - - - . . - ~ ~ ~ - ~ ~ - - - - - . . . 1
Any
change in Board of Directors prior to issue
of
his permission to be informed immediately to
the Ministry. The company shall intimate b
the
Ministry
in
case
of
change of Directors, after
issue qfpermission
to obtain
their security clearance). (Clause
5 11 qf
guidelines).
~ - ~ .......
1
. . . _. . ' '
.
. . ' .... . . ;
8.3
I Equity
Amount
(Rs. in lakhs)
(A)
~ t h o r i s e d a p i t ~
~ .
-
fL
,
; :
;
·;
.
·:I
r ' - - r . - r - · . ~ ~ ; · • · . . - _ - - - - . - - - -
Amount (Rs. in laklis)
As
of Authorised
(B)
1
Issued paid up capital Capital
I
.
l ~ . - : - - - ~ _
,
•.
..
.
~ ~ r ~ ~ ~ ~ ~ ~ . ~
Amount
(Rs.
inlakhs)
As
of
Paid up
(C)
ClassificaJion of equity holdin
Capital (B)
•
..... ..... ..._
-
I
· ~ . . 1 , . . . , . . . , . . . . , . . ~ ~ - ' ; ...-- ·
.
' '
~ ~ · ~ .
otal equity held by Indian : •
·omoters/Majority
h ~ h o l d e r s
... .. .. .
'
App ication/(Jr
downlinking V channel
in India.
3
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•
(ii)
Pro rata
share
of
FDI in the
Promoters/Majority
Shareholders.
_.. . ,_, . . . -- ._
{
(iii)
I
Indian Financial Institutions
and
Banks.
~ - - ~ - - - - - - ~ - ~ - ~ - - - - ~ - - ~ - - - - - ~ ~ ~
(iv) I Other India11 siia1·eiloicJers.
(v)
Percentage
of Majority
Shareholders equity to Total
Paid
up Equity net
of
Banks and Financial
I nstitufions Equity.
(vi)
Direct FDI
holding
qncluding Fils,
PIOs
NRsi, etc- give break-up)
(vii)
Indirect
FDI/FH
fro rata share of
F I
in
Indian Promoters
and
majority shareholders)
(viii)
Foreign
Institutional Investors/
Portfolio Investments.
l
33
. . . j
.
- .
(ix)
I
Total foreign Equity Holdings.
[(vi)+ (vii)+ (viii)1
~ ~ ~ · ~ · ·
(9)
Net
Worth
of
Applicant Company as
on 30.10.2005.
Net
Worth
to be
calculated in
Application
for
downlinking
TV
channel in India.
4
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acconlance 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 c e r t ~ f i c a t e
of
Net Worth on
the basis of these documents by
StatuiOIJ Auditor or for
a
newly
inco17JOrated
Company
by a
Chartered
Accoul1f(ll1t in the prescribed
proforma for the latest quarter ending
~ v
before api icat on s _ i l ; ; ~
il
1 . ~ t . ~ ; , u . : . . . ; . . . r ; ; . . e . . - ] L - . . - ~ ~ - . . . . - . - - - - ~ - - . . , . . - - - - - - - ~ - - . . . . . . . J
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 elh: Jbility.J
ll
Major
area of activity/ business
I
.
12. The number and names
of
channels being downlinked or
proposed
to be
downlinked.
(For each chann el details in Part B C to be provide d separately):
.
13.
Does the Applicant Company hold any other
licence
from
Department
of
' Telecommunications (DOT) /Department
of
Information
Technology (DOlT)/ Wireless
planning
and
Coordination (WPC) or Ministry-
I
of Information and Broadcasting (MIB)?
f
so,
I
•please give details.
.
14.
Has th e Applicant Company made any other
application to Minist ry of Informat ion
and Broadcasting (MlB)?
f
so, please give
det'ails.
'
[}ij Has the Applicant Company been denied I I ' I
Application or
dovvnlinking
TV
channel in India.
5
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•
6 6
permission
for
uplink ot; dowi1link
of
a TVIT.
llhan.nel
at
any point of time? f so, please give
· . . . ; : ; : d ~ . . - - ~ - - - ~ . - ~ ~ ~ . . . . . . . . ~ - - . . . . - ~ _ . . . - - . . . . . . . . _ _ . J
16. · H ~ i s
tlie Applicant
Company
··ever be e ·
-.
isqualified from permission to uplink or :
downlink
of
a
TV
channel at any point of time?
f so, p l e ~ l . s e give
details
~ . . . . . . . . . . _ . . . --.,-- .
Place:
Date:
Companv s
Seal
v l
(Signat\Jre of p p l i ~ a n t
[Authorized Signatory of the Company]
Name
Office Address:
Tel./fax No.
&
e-mail ID:
PART- B: COMMERCIAL &
TECHNICAL
DETAILS
FOR
DOWNLNKING
Application
for down inking TV
channel in India
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3{;
A TV CHANNEL
(1)
Name of Hie C h a n n e f ~ b e h i g r r -
l
proposed to be, downlinked.
~ ~
: . . . . ~ ~ ~ . . . . _ . . ~ . ~ . . . . . . . ~ ~ ~
2.(i) 1 Does the Applicalrt-Corii-pany own
the channel being or
proposed
to
he
dovl lllinked or do they have
marketing and/
or distribution rights
for territory ·of
India?
(Please
enclose relevant doc1mtents
in
support :
(ii)
I
(iii)
Please enclose
the.
Memo1·andum/
Articles of Association, Marketing/
Distribution
Agreement
as
a p p l i ~ a b l e
In case the At)plicant Company has
marketing
and/ or
distribqtion
rights, do they have
the
authority to
conclude fOntracts on behalf of the
channel • for advertisements,
subscription
and programme
content?
f
yes, please enclose copy
of
the
Agreements.l
Whether
the
channel
will be
marketed
in a p?.rticular
area
or
locality other than in India or whole
I _ I of India? Please give details.
3.
Details
of transinission of the
I
channel:
(i)
Name of satellite
hired/ proposed
to
be
hired
for
up
inking
and
downlinked the TV channel
__________________________ _
I
I
.
I
(ii)
I
Orbital location
- - ····· · .J
----
~
(iii)
Type flld No. of transponder(s) with I I -------
bandwidth
:
I
[ ivfl Signal strength illt primary zone over I I
I
Application for down/inking
V channel
in India
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31
l ndia
· ..
·
. .
(v)
Name of the
Company
from which I
he satellite/ transponder is to he :
leased.
. _ _ _ . . . . . . . . _ ~ - ~ ~ . ' . . . - - ~ - - . . . . . . . ; ~ ~ ~ ~ ~ -
(vi)
Uplink
downlinl{ frequencies.
E n c l o s ~ map of footprint of the
satellite proposed to be
hired for
clownlinldng)
. : - - ;
. . ; . ~ - _ _ _ - .
r - ' ' Name
of
the country/ ·location
of
__ .. . . .... ... ... ..
·
uplinldng:
' ·
4.
(i)
I f
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
upli nldng and p ~ r i q d of permission
tor uplinldng.
·
~ ~ ~ - - ~ ~ ~ - - - ~ ~ - ~ ~ ~ ~ - . ~ ~ ~ ~ - - ~ ~ - - ~ ~ ~ ~ ~ ~ - - ~ ~ - - - - - ~
(ii) I yr tfie ·channeCTsliplinked 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.
Ple.ase also
indicate the
date
of issue
of
license/
permission
and
validity.
(iii)
1
A r e - 1 : i 1 e r e ~ ; : m y
iittermediate
hops
of
the uplinl<ed signal before being
downlinked in
India,
if so do you
possess the
broadcasting
license of
the concerned regulator) or licensing
au thol*ities of those cot mtries. I f yes,
p l e ~ s e
enclose copies of the
relevant
licenses.
~ ~ . ~ . -
...............
. , . . . , _ , . . . , . . _ , . . . , _ , . . . . . , . . _ _ . . , . . , . _ ~ ~ . , . . - - ~ . , - ~ - - - . , J
Application
for
down linking
V
channel
inlndia
8
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5
6
Proposed
date
of
commencement of
down inking.
If
the
ch annel
is
already
being
downlinkcd, please
indicate date
and time since
when
it is being
downlinked
in
India
for
public
viewership.
Please furnish, technkal details such
as NomenclatlJre,
make,
module,
name and address of
the
manufacturers of the
equipment/instruments to be used for
downlinldng distribution, the Block
schematic diagram of the
downlinking and distribution system.
..
L - - J . - . ~ ~ - , . ~ ,.._.,_,
•
Yt
7.
- ' . . . -
_ ---rr-.__._
............,_ '
_ . . . . _ . . . . . . . . . . _ ~ - - - - - - .
Please indicate the
name
and address
8
(i)
(ii)
(iii)
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
o
the recordings
of
such
broadcast
for a
period of three
months from the
date of
each
broadcast.
The
Applicant
Company s
year-wise
collection for the last three years
of:
Advertising
revenue
from
Indian
market for the
TV
channel
· Subsctiption revenue from
Indian
market for
the TV
channel
Revenue from sale of
programme
content
for
other use such as
DVD s/CD s/
mobile telephone etc.
Application
for
down/inking
V
channel in India
I
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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
39
,
.
~ ~ ~ C O J ] ~ ~ ~ ~ a t i ? n .
. J . - - ~ . . . . . , - ~ . . . . . . , . . . . . . . , . . . ~ - - . . . , . . , . , . - - - - ~ - - ~ ~
9.
Please furnish I1ames and addresses
of
the following:.
i)
Distributors of
the channel in
India
and their ~ r ~ ~ o . ( _ Q _ e e , r ~ t i ? ~ ~ ~ ~ -
MSOs
in India who
are
a\Ithorized
ii).
downlinl< and trans1nit the channel
in India and their areas of operation
iii).
Local cable
operators
\vho
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.
PARTC
For
Regnstration of the TV Channel
Application
for
oklinking
V
channel
in
India
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I
ro
1
Name of
ti e
Channel
l ll ~ ~ : · ~ - · - - , - ~ - - ~ - _ _ _ , . ~
· - - - . - ~ . ~ - ~ - - ~ - - ~ ~ ~ ~ ~ - - - - ~ - - - - ~ - - - - - - - - - - - - -
2.
I
Logo of the channel (Plea;e annex
pictorial depiction)
3.
I
Is t h e _ · - = ~ ~ e and/ or logo registene . -
I
under
the
Trade
Mad<s Act, 1999 ?
·
_
. . .. . - . ..
...
-
. . . . ~ . . . . . . . . _ . . . _ . . . . . . . . . ~ .
l
~ - ~ - ~ ~ ~ ~ ~ - - - - - - ~ - - - - - - - - - - - - - - - -
4.(a) I
Is the name
and/
,or logo or a part
thereof being used by any other
TV
channel in India
or abroad?
4 ~ ~ ~
. ~ - - J -
· r ~ ~ ~ - - ~ ~ - - ~ - - - - ~ ~ - ~ - - ~ - - ~ - - - - - - - - - - ~ ~ ~ - ~ ~ - - ~ ~ ~ - - ~ ~ - - - - - - ~ - ~ ~ - - - - ~ - - - - -
(b) I
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?
. _ _ ~ . ~ . . J N a m e attach r e l e v a 1 ~ . t d ? ~ l ~ ~ ~ ~ e J : t ~ ) . , . _ , . . . . _ . . . . , J . . . . . _ , . ___ , . . , . . . ~ ~ . , . , . . , . . - - - - - . , . . , . . , . . . . . . . . . . , . . . . ~ . . . . , . , . . - ~ _ _ , . . . . , . . , . , . , - - . . , . . . . . . . . ~
- - ~ - - ~ ~ ~ - - ~ ~ - - - ~ - - - - ~
r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
c) / f the pnswer 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? Pleast: furnish full details of
the agreement.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ r · r - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
5
What percentag e of the proriosed _ ..._. .. . ._
channe l time will , be utilized for
telecasting pt·ogramme content of the
channel owning the registered
trade
mark (name and/ or logo) to justify
its use by the . at)plicant company?
Please give full detail of the contt)nt
sharing arrangements with
relevant
1 . - - . . . ~ :
documents.
~ ~ ~ _...,._._ . L..
Application
for
down/inking
V channel
in India
11
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L I
6 Category of Chan11e 1:
' -
. 0
.
Please tick· mark the category to
which the proposed channel belongs:
(a)
General News . Current Affairs
Channel.
•
<
{b)
G c n ~ r a l
Entertainment Channel
with serials, interactive programmes,
music, movies, lifestyle, travel
tourism an d cultural activities etc.)
''
p
:r
Special ·()'f 'Niche Cham-iel e.g. I
Sports, Environment, Science,
Technology, Religion. .
I ~ ~ ~ . . ~ - · - . . .
. . . . . . _ . . . . . . . . . _ ~ .
. ....,.,, . . . . . . . . ~ _ _ _ _ _ . . . . . . . . - . . . . J
7.
In case
of
(c) ·
pleasespecify the
, · • . '
·1
. . ~ e c i a l subject for
the.
c h a n ~ . . . . . . ~ . _ : _ ~ . ~ . . . . . . . . . . . .....
......,
. . . . ~ . . . . . . . . ~ _ . _ . . . . . . . . . . . _ . _ . . . . _ . . . . . . . . . . . . . . . . . . . . _ _ . .
[s.
The :g.uo ; ln
whi:h p>op.,ed
I .
•
• ' •• . , ' • I
~ h n n e l
will be telecast m India. . . . . . . . .
· ~
. . . . . . .
. .. .... ... .. . ~ · ~ ~ ~ ~ ~ ~ ~
o ·general News
&
~
9. In the
case
Current
Affairs
Channel, please
furnish the following information:
(i)
Whei'e is the content
of
this News &
Cunent Affairs channel collated
and
up inked
fron1
ulongwith
advertisements?
I
.
ii)
Does the same content, including
advertisements get
beamed
into
other
<;ountries?
It so, please name those
countries.
.
~
. '
I
I
iii)
If answer•to (ii) is no, please clarify
'
whether
t h e n ~
is
a customized signal
J
or India.
Applicationfrn· down/inking TV channel in India.
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r - - - - '
(iv)
What is
the proportion of
advertisements carried as compared
to the
tot l
programming
time
in 24
hrs. ?
(v) What is the
proportion
of
Indian
°
advertisements?
(vi)
(vii)
(viii)
Note:
Indian
advertisements means
advertisements m ade in
India,
intended
only for
Indian
viewers
and
of · either an
Indian
o1· Foreign
Product.
·
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?
Whether
the channel
can be called a
standard
international channel?
I f
yes, please provide an
indicative
schedule in
support.
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
ad\ ertisements and subscription and
advertisement revenues derived
therefrom.
rz
t
10 Is the channel Free to Air or pay
Application
or
down/inking TV channel in India
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(ii)
(iii)
11.
(i)
(ii)
(iii)
12
~
chan.nel?
_. [I ~
U 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.
~ · L
Is the c l i a n n e f ~ l g n a f ~ d i g l i a l
orI I : l
nalogue? :
. '
Vho mal<es
or
will make the final
editorial
decisions
about
programming
and
where
are
they
mact.e
or going to be made? Indicate
the
name,
address,
and
contact
number
etc.
of
the individual
so
responsible.
Is there any internal mechanism to
regulate
content telecast on the
channel?
l f so, please explain in detail. How
will
the
channel ensure the
adherence to the
Programme and
Advertising Code?
Is
there
any mechanism to receive
complaints
and
redress grievances of
the public regarding content
of
the
channel? Please explain in detail.
'
ontact
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.
I
.
l t I Period for which registration of the I I ]
I .
Application or down/inking T V channel in India
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•
channel cis -applied-
foi::
fhe
period
shall not he more than the period for
which the aj1plican t company
h s
the
marketing/distribution rights
of
the
channel or India .
t;
l
----L ~ ~ ~ ~ ~ ~
GENERAL
Whether declaration in Form lA and lB enclosed. (Yes/No) and also mention the
details.
Declaration:
1. We hJreby apply for the grant of a registration for thet TV channel (as given in
Part B C to be down linked and di stributed 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 informat ion given in this
application form, to the best of my knowledge and beli ef 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
h:::reby
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-mai l ID:
Company s Seal
List of Enclosures attached with the Application
Application
for
down/inking
TV
channel in India.
5
f l ? ~ ~ J A / ~ ' - " ' " " " " - - 1 ' 6 \ < Y ' A
; < ~ ' , . . , . ,
f " ' " " ~ · n C - '< ~ - ' 5 ~ ~ , . . , , . . , - , _ , . . , . . ~ · ~ • W • w • _ . , , . _ , , . - ~ - ~ ~ - . - - - ' . ___ -
-·
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5
Please tick against the following documents enclosed with the application (as applicable):
l) 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 l
(4) A separate sheet giving Name, Address, contact Telephone of Promoters
Majority Shareholders and equity held
in
terms
of
amount and percentage of
paid qp equity.
(5) A list of Key Executives along with bio-data of each I)irectcir 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
Balanct<
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 prbposed 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.
(1 0) o p ~ of .documents in support of a News and Current Affairs Channel
fulfilling the eligibility criteria prescribed in the guidelines.
ll)
An indicative programme schedule.
'(12) Affidavits in Fom1 lA lB.
(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.]
l
App ication(or down/inking TV channel
in
India.
16
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i tG
R £ 3 ~ E ~ P E , - ~ t f : 0 ¥ 6 ~ ~ ~ f .
FORMAT FOR SHAREHOLDING PATTERN TO BE FURNISHED ALONG
WITH APPLICATION
TABLE-1
SHAREHOLDING PATTERN OF APPLICANT COMPANY
l
M/s
. . . . . - - - _ . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . - ~ ~ A S ON -
FACE VALUE OF THE SHARE RS. ~ ~ · - _ _ . . . . . ~ ~ . . . . . . - . . .
S.No. Category
o
-
Share Holding
Shareholders
1
. <.
'
Direct l n ~ e s t m e n t Portfolio Investment 1
No of
oftotal·
No
o
o
total paid
1
Shares paid up shares Shares up shares
'
. .
1
Indian individual
2.
Indian company
3 Foreign individual
4
Foreign company
5
N\ZI
.
6
FII
7 PIO
8 Any other
pplicationfor dovvnlinking TV
channel
n
India
17
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Place
Date
~ 7
1
·
., : ; : : . ~ : . _ : : _ ~ F o R M : : ~ : . : ~ ~ ' t : J ~ ~ ~ ' ? : : c r : ' ~ f ? ) ·.· · . ]
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 or approval/permis sion
for downlinking of TV channel in place).
V/HEREAS as·a condition preceqent to above approval/permission, I am required
to abide by the Programme Code arid Advertising Code prescribed uncler the
cable Television Network Regulation) A c ~ , 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, t h ~ r e f o r e I hereby undertake as follows:
i)
I
undertake to abide
by
the Programme Code and Advertising Code laid
dovm by the Ministry
of
Information Broadcasting, Government
of
India from
time to time.
0
ii I undertake to furnish periodic information relating to public complaints,
programme contents and any other infom1ation in respect of above-mentioned
T:V
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
Application for down/inking
V
channel in India
8
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ft
C ·· ···,.? · } F b R i V I / i B · · · ·
: < ~
~ 1 ' : . : : · ; ' % { ~ ~ ~ f l ~ ~ i : / : ~ f · " ~ ~ " ; l i l l : · : ; ~ \ ·
·
·
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 Forn1
1
supported by affidavit in Fonn
lA and declarations in Table
I
along with other related documents (i.e. Memorandum and
Articles
of
Association, project repmi, satellite lease agreement, etc.)
WHEREAS we understand that the information given in the application and in Form lA
lC and Table
I
and other related documents form a composite part of this permission.
We submit that our chmnel is purely an Entertainment TV Chmmel/News Current
Affairs
1'V
Channe
1
and· have/does not
h a ~ e
any. news or current affair s based
p r o g r a m m ~
We hereby undertake that in ·accordance with the guidelines for down linking 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:
Application for
down inking
TV
channel
n
India
•
9
; J > ~ ~ ~ > ~ ~ . . . . . ~ ~ ~
-
..
_ _,.,..
__
2
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. < .. __-0/ .
Report
on
Tariff issues related to. Cable
V
servlces in
n o n ~ C A S areas
•
submitted to
the Hon ble
Supreme
Court of
India
.
.
in
p_ursuance
of
its Orders
dated
13th May, 2009
passed· in
Civil Appeal Nos.829-833
of 2009
by
Telecolm Regulatory
Authority of
India
(TRAI)
New
Delhi: July
21,
2010
Mahanagar Doorsanchar Bhawan
Jawahar Lal Nehru
Marg
New Delhi-
110 002
t f9
1
[
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;
I
I
I
f
_ ,., \.... }
3. 69 A limited number
of
pay channels provided information
at a
ch nnel
level (and even this was partial in most cases). In the absence of
comprehensive an<i broad-based channel-wise information -
the
estimated cost oase r\;l.ns the risk of
not
acc11rately representmg the
cost b se of the broadcasting sector. In addition, variations
in the
business
model of
the
broa4caster can significantly impact the cost
b se
of a channel. A simple genre-level average cost for tariff
determination
c nnot·
adequately rep;resent the variety of
business
modetls
present in
the
broadcasting sector today. This fact is reflected
in the comments received from stakeholders on the collated genre level
d t provided in the consultation paper. To provide .a fully accurate
represent ation of . v.a.rious channels in the i n d u s t r y ~ · a multi
dimensional framework is required with hu,ndreds of possible
permutations
nd
combinations. As
the
model becomes more nd
more accurate, the number of price points i ncrease - finally lead,ing to
a point where the applicable numerators equal the n u m ~ r of
channel s available.
3.70 These dimensions/ points -of variance include the business model;
ownership structure, network strength nd popularity of
the
channel. ·
Some of these factors are i ·whether it is a standaJpne
ch nnel
or a
n ~ t w o r k o w n e d
c h a n n e l _ ~ I ] ; ~ q : Q u ; : . h a n . p . e J l w i l l
able to operate a:
significantly lower capital
nd
opera_ting costs vis-a-vis a
st nd lone
___ ... ·-··.
~ . ? . ~ t f ~ l py J ~ v e r a g i n g r i e ~ o r j . < s y n e r m e ~ ; li whe.ther it ~ ~ s . <;>riginal
=:.;._
__
.
content production or it follows " :•. syndicated content model - a
. . . .
.
~ h ~ n n e l
operating on SYndicated conte nt may be able operate
at
loVJer
cost of content vis- a-vis competito?:s;
i1i
wh t re the m rkets of its
presence - cost of operations for a channel may diller. (due to
i ~ [ ~ ~ t ~ c t ~ ·
nd d i ~ : ? t r i b u t i o n costs) based on the number. nd
n ture of market s it chooses to be pre sent in;
iv
whether the entity is
-- · - ...
.
• • t •
vertically integrated - v:ertically integrated companies may be able to
benefit from economies of scale thereby reduci?-g
J:I:> eir
operating
a n d ~ r capital costs.
97
?o
5
2.A Genre
- ~ - - - . ~ - - ~ - , _ . , . ~
GEC
; l l ~ Q £ f . l ] . ~ J i Y J . ~ · - · · - .
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. I
I
.;
Rewnue
INR
c r
346
i
Adwrtising Rewnue
JNR r
- - - m - r , . ~ - - - - s - 2 % '
Subscription
Re\enue
INR r
28
i · .
8%
QperatingCosts INR r 367.
Earnings before loteresl, Taxes, Depreciation and Amortization (EBIIDA)
l (fapital ~ e n d i t u r e Year 1 -Year 5
···.
. ( ~ , .
%
INR r
35 j
4
Genre
~ T - ~ ~ ~
. l i € , ~ ~ - ~ § : ~ ~ - - - ·
. .
Re\enue INR r
·
- 1 ~ + · - · - - - - · - · -
Advertislng Rewnue
INR r
f JJ.
.
_..97
Subscription Rewnue 1
INR r
1 ~ - - - - - ~
Operating
Costs •
INR Cr
•
:ttL
Earnings belbre Interest,
Taxes,
Depreciation
and Amortization
(EBITOA) %
-244 1
Capii;I Expenditure Year 1- Year 5 · . '
INR r
50 l
~ . . • I · ~ . . . . . ~ ~
Table 3.2: Representa1;ive figu,res
for
Broadcasters {Step One}
3.7 However
these
figures were o b ~ e r v e d not to provide a ·true
representation
of
the
financial
health
of the
industry. First,
while
figures for several genre s sho wed negat ive EBITDA rp.atg: ns - this
is
in
•
contrast to the profit margins declared by several publicly listed
broadcasters.
Several companies
have declared
profits;
such
as
TV
Today Network Ltd.
(28%),
Zee Entertainment
Enterprises
Ltd.
(39%),
.
Zee News Ltd.
(16%) and Sun
TV Network
(47%)15, Second,
this
was
aJso
in contrast
to
the
growth trends projected
by industry
research
.
.
.
such as the
FICCI
Fr8Jl'l.es report released in
Ma;rch
2010).
Third,
these
negative figures did not provide a logical explanation for the
recent
growth in the number
of channels
and the number of
applicants awaiting approval for a broadcast license. In the last few
I
years, the number of
TV channels
has
increased
from
136
channels in
•
the year 2005 to around 550
channels
today. The exponential growth
in the number
of
channels and
a
large waiting list of channels
for
· approval indicate that
there is
a
strong
business case for television
channels. This variance from general industry
trends.
may
be
on
account
of several
reasons.
It
includes
variations in the
operating
m o d e ~
of channels and/
or the
inclusion of
channels
at the
early
stages of
growth,
which is
li.kely
to push down
the
average margins.
The
channel-wise averages also
depend on the allocation methodology
adopted by various networks
.
il
1
5
Based
on
published
annual
reports posted
on
company websites, financial results for
the {
li
year
n ~ g
March 2009 ,
J
61
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. .;;
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Average duration per hour of Advertisements during peak hours ( 7PM
10
based
on
the data submitted
by
these ( 11)* broadcasters to TRAI and
as
with the the
Subscription rates
charged by
these Pay
TV
Broadcasters
operators in India, per month per Ordinary Subscriber TV S_et. As per
Satellite TV Channels, pennitted issued licenses by
Tb.e
Ministry
Of
In
average duration pernour of advertisements during peak hours
as
prescribed
Cable Television Network Rules 1994 .
s.
No
1
2
3
. A
Name of the Broadcaster
Com
an ' Name of Channel A
h
R
R
M
STAR India Pvt Ltd
Movies OK
Jl4
STAR India
Pv.t
Ltd
STAR PluS
114
STAR India Pvt
Lt-d
Life OK 114
...
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I
4
STAR India Pvt Ltd
STARPravah
5 STAR India
Pvt
Ltd
' ~ S T A R
World#
6
STAR India Pvt Ltd
FoxFx
7
STAR India
Pvt
Ltd
STAR Movies
8
STAR India Pvt Ltd
Channel [V]
9
STAR India Pvt Ltd
•
STARPlusHD
10
STAR India
P Vi
Ltd
STAR World HD #
•
11
STAR India Pvt Lt d
STARJalsha
.
-
12
STAR India Pvt Ltd
STAR Movies
HD
•
13
STAR India Pvt Ltd
STAR Gold
-
14
STAR India Pvt Ltd
Jalsha movies
·:
MAA
MOVIES
15
MAA TELELVISIONNETWORKLTD
16
MAA TELEL VISION NETWORKLTD
MAAGOLD
.
17
M
TELELVISIONNETWORKLTD
.
MAAMUSIC
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'
-
18
MAA
TELELVISION NETWORK LTD
MAATV
19
NGC Network (India) Private Limited
Nat
Geo Channel
-
20
NGC Network (India) Private Limited _Fox Life
.
21
NGC Network (India) Private Limited
FoxLifeHD
22
ASIANET COMMUNICATIONS LTD
Suvarna
23
ASIANET COMMUNICATIONS LTD
Asianet
24 ASIANET COMMUNICATIONS LTD
- Asianet Plus
25 ASIANET COMMUNICATIONS LTD
Asiane t Movies
-
26 ASIANET COMMUNICATIONS LTD · Suvama Plus
27 VIJAY TELEVISION PVT LIMITED
Vijay
TV
All these (27)
above
listed News and Non News Pay
TV
Channels are direc
COMEDY
28
Viacom18 Media Private Limited
CENTRAL
29
Viacom18 Media Private Limited
MTV
'
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30
Viacom 1 Media Private Limited
SONIC
31 i a c o m ~
Media Private Limited
NICK
........
32 Viacom18 Media Private Limited
COLORS
33 Viacom18 Media Private Limited
<:OLORSHD
34
TV
18 Broadcast Ltd
CNBCAWAAZ
35 TV 18 Broadcast Ltd
IBN7
l
36
TV18
Broadcast Ltd
CNBCTV18
37
TV
18 Broadcast Ltd
•
CNN-IBN
j
38
IBN
Lokmat News Private Limited
IBNLokmat
39
Panor ama Television Private Limite d
ETV Rajasthan
40
·Panorama Television Private Limited
ETVU.P.
141
Panora ma Television Private Limit ed
ETVUrdu
42
Panora ma Television Private Limite d
ETVBihar
t
~ l o r s
1Etv
Marathi43 Prism
TV
Private Limited
'
Colors JEtv
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44
Prism TV Private Limited Gujarati
Col ors
lEtv
45 Prism TV Private Limite d
Kannada
.
46
Prism TV Private Limite d
Colors lEtv Bangia
47 Eenadu Television Private Limited
ETV2A.P.
48
tEenadu
Television Private Limited TV3
-
All
these (21) above listed News
and
Non-News Pay
TV
Channels are directly
owned
49 Turner International Ind ia Pvt. Ltd. POGO 1
.
-
-
50 Turner International India Pvt. Ltd.
Cartoon N etwork
---
----
1
All these 2) above list ed Non-Ne_ws Pay
TV
Channels are direct ly owned_ co
-
.
51
Multi Screen Media Pvt. Ltd.
SABTV
1
52 .
Multi Screen Media Pvt. Ltd.
ISONY
TV
. 1
53 Multi Screen Media Pvt. Ltd. SET 1
-
lo
: . ~ . J
-
-
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54
Multi
Screen
Media Pvt. Ltd. MAX2 1
-
55 Multi Screen
Media
Pvt. Ltd.
MAX TV
1
56
Multi Screen Media Pvt. Ltd.
AXN
1
57
Bangia Enterta inment Private Ltd
I
SONYAATH
1
All these 7) above listed Non News Pay
TV
Channels are directly owned C
Discovery Ch
58 Discovery Communications India
Tamil
•
1
Discovery Channel
J
59
Discovery Communications India
60
Discovery Communications India
.
Animal
Planet
1
61 Discovery Communications India
TLC . 1
Discovery S-cience
62 Discovery Communications India
1
63 Discovery Communications India
Discovery Turbo
1
-
-
-
64 Discovery Communications India- -
Discov-ery Kids
1
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I
J
65
I
Discover y Communications India
I
I I
D Investigation
I I o
All..these
(8)
above listed Non News Pay
TV
Channels are directly owned
a
66
SUN TV NETWORK LIMITED
UDAYAMOVIES
. 1
67 .
SUN TV NETWORK LIMITED
SUN
TV
1
68
SUN TV
NETWORK LIMITED
·
SUNTVHD
1
1
69 j
SUN
TV NETWORK LIMITED
KIRAN : 1
70 .
SUN TV
NETWORK LIMITED
UDAYAMUSIC
1
1 1
.
-
SUN TV NETWORK LIMITED
GEMINI MOVIES 1
72
SUN
TV NETWORK LIMITED
SUN
MUSIC
. 1
73 SUN TV NETWORK LIMITED
SBNMUSICHD
1
74
,
SUNTVNETWORKLIMITED
KTV
1
75 SUN TV NETWORK LIMITED
KTVHD
1
76 SUN
TV
NETWORK LIMITED
GEMINI TV
j
,15
f
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77
SUN TV NETWORK
LIMITED.
GEMINITVHD
78 SUN TV NETWO RK
LIMITED
·
SURYATV
79
SUN TV NETWORK LIMITED CHUTTITV
.
80
SUN V NETWORK LIMITED UDAYATV
UDAYA
81
SUN
TV
NETWORK LIMITED COMEDY 1
82
SUN
V
NETWORK LIMITED SURYAMUSIC 0
83 SUN
V
NETWORK
LIMITED
ADITHYA
1
84
SUN TV NETWORK LIMITED
GEMINI MUSIC 1
GEMINI
85 SUN TV NETWO RK
LIMITED COMEDY
. 1
86
SUN
V
NETWORK LIMITED CHINTUTV 1
87
SUN
V
NETWORK
LIMITED
KOCHUTV 1
.
88
SUN V NETWORK LIMITED
SUN NEWS 1
89
SUN V NETWORK LIMITED
-KUSH
TV
1
90 SUN
V
NETWORK LIMITED SUN LIFE 0
u
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All these (25) above listed News andNon-News Pay TV Channels are directly
91
NDTV Lifestyle Limited
NDTV Good Times
92 New Delhi Television Limited
NDTV India
93 New Delhi Television Limited NDTV
Pr{)fit
·
All
these
3)
above listed News
and
Non-N.ews Pay
TV
Channels are directly o
94 9X Media Pvt. Ltd.
9X
Jhakaas
95
9X Media Pvt. Ltd.
9X Jalwa
96 9X Media Pvt. Ltd.
-
9XM
1
97 Paul Entertainments Private Limited
9X Tashan
All these 4) above listed Non-News Pa
_
8
j
Genx
Entertainment
Ud
l
Bindass
o
J
-
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99
· Genx Entettainment Ltd
UTVAction
100
UTV
Entertainment Television
Ltd
Bindaas
Play-
101
UTV Entertainment Television Ltd
UTVMovies
102
The \Vait Disney C.ompany (I) P Ltd.
Disney
. 103
United Home Entertainment Pvt Ltd
Hungam a
ll
these 6) above listed Non-News Pay TV Channels are directly I indirectly o
104
TV TODAY NETWORK LTD.
- AAJTAK
105
TV
TODAY
NETWORK LTD.
HEADLINES
TODAY
106 TV TODAY NETWORK LTD.
TEZ
-
llthese
3)
above listed News Pay
TV
Channels are directly owned and cont
107
MCCS India Pvt. Ltd.
ABPM.ajha
1108
MCCS India Pvt. Ltd.
ABP Ananda
ll
these (2) above listed News Pay TV Channel s are owned by Mls. Media Con
-
-
11 * Broadcasters that directly indirectly or through group companies
own
these
Broa<Jcaster Companies as per the List of 763 Private Satellite TV Channels Perm
'f;,
DAS
RIO
Rates Non DAS
Rates
*As
Charged from
DPOs,
per TV
Set /M
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, recover from the Subscribers
Note
1:
The above-details/ information/ data compiled is based
on
TRAI publis
.,,
2015 with " Average duration per hour of Advertisement (Commercial
Self
p
News and Pay TV News Channels. 23 Feb-{ )lstMar 2015 (Report -1) -Publish
Sept 20151
29
Jun- 27 Sept (Report-3) Published Dec 15 (Duration
of
Adverti
Clock Hours basis, not as provided
and
published for peak hours7PM-10PM
Note
2: Rates
of
above Pay TV Channels for DAS and Non DAS subscriber, ch
are based
on
the Broadcaster publishe d RIO (Reference Interconnect
Offer)
and
Pay
TV
Channel A'ggregator and Distribution Company as offered to the DPOs
DAS Cable TV, DTH, HITS and IPT V Operators in India and those have also b
•
·
and International
DPOs
have
not
been
incorporated in this above report)
Cbaimels marked
#
Are Internati onally Shown ( Refurbished ) Pay TV channel
Indian languages, Hindi and Tamil.
.
~
~
. .. .
· : . ~ o r n e Cable
etwork (P)
Limited
@
I
CIN
:I
U748990ll995PTC:071666
l'tww.homedigital:tv
DIGIT L
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b -1
.
Without
Prejudice
By
SPEED
POST AD
I
To
TI1e
Chairperson
Telecom
e ~ a t o r y
Authority of India
Mahanagar Doorsanch.ar
Bhawan
Jaw.iliar Lal
Nehm
Marg
,
New
Delhi-IIO 002
Also
to
' The
S e c r e ~
,
Mini5try of
nf<;mnacion Broadca$ting
'
Government
of
India.
.
Shastn B h a w ~ n , A Wing
New
Ddhi- IIO OOI
·Dated:
8th December 2015
Subject : Advertisement report I
data
on 1V
c;han,ne s as
submitted Qy TV
chaJ;w.cl.5
to
TRAI a.nd the report on a v ~ e dwation of advertis®ents (
Com;merc:W.
& SelfPromotion)
duri,ng peak hows 7 pl)).-10 pm
iiJ.
Pay TV chaUncls a.nd News
Channels
for the period 29
J u n e ~
29 Septc:;mber 20IS.Report published
by
TRAI on 7th
) e c ~ e : r
2015.
Respected Sirs
Please fmd
enclosed
the Advertisement
Report
issued
by
TRAl
dated
7th
Dece,mber
2015.
These
I
02 Pay TV a.nd
News Channels are in
dwberate,
contin\.le4
violation of he Progranune
and Advertising Code
prescribed under
the
Cable
Television Networks Rcle 1994. Rule
I 0 I I Advertising
Code.
(I ) No progr;unme sMI
Cil rt:y
a<:/vert;isements
~ l ; c e d i n g
tv.re/vc
miiJT.Jtes
per
hour..<: which
may
inc;:/ude
up to ten minutes per ho(lr
of
commercial
.advertisement;s, a,nd
up to
t;wQ
minutes perhowof
he
channef's
self.promot;ional progra.r:nmes.
It is
also
pertinent
to
mention that every
News or
Non-
News
Cha,nnel seek.l,ng pennission to
downlink or
t;tphnk
a TV
Channel
in India tmder
Fom l IA
gives a sworn affidavit /
tmdertaking
t h ~
c;learly states (R elevant Para's
are
reproduced below)
WHERliAS
as
a condition
precedent
to
above
.approval/
e.t:mission,
I
wn
reqaired
to ab1de
the l(rogramme Code
a,nd Advertising
Code prescribed under the Cable T devision .l'Yenvork
(Regulat.ion)
Act:,
I99S
a.nd
the Rvles passed thereunder.
WHER.J;'AS
.have read the
.abovementioned Programme
Code ;md
Adverti$ing Code.
Tel. : -,-91-11-26331100
Fax
: ..;.91-11-26922347
E mail : [email protected]
f
•
Corporate Office :
Unit-30, Block-III,
Tribhvvan Complex
New
Oelhi-110065 (India )
Pagel of 2
Registerec;f Office :
19, CSC (DOA), Sukhdev Vihar
New Oelhi-110025
India)
t l ~ 3
i
. _ ...
' ' '
. . : .
C/1,
B t F
£S·
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Wl- EREiAS1
tJJ1derstand
t.h,at
che permission/approval so
gra,nted ca,n
he
withdrawn,
i tail to
abide by the saidProgramme &"Advertising Codes.
Now, t;{lerefore, I hereby
UJ1dert¥.e
as
fOllows;
t) I undert:a.ke to
abide by
the
Programme
Code and Advertising
Code
laid down by the Ministry of
lnf01:111ation ' Broadc:JSting_ Government oflnc/ia fi:om time to time.·
ii)
I undertake to liu:nish pen9dic info1:111ation relating to public complaints. programme contents
and
a.ny
other info1:111atioiJ.
in respect of
bove -mentionedTV
Cha.nnels a,s m;zy be
laiddown sked
forb;' d1e Mi nistry
of
nfo1:111ation &'Broadcasting fi:om time to time.
. 1
.
In view of his deliberate and continued violations by these permitted/ licensed Pay TV, News
and Non -News TV
cha,nne.Ls
it necessitates an immediate cancellation of the Uplink and the
Downlink permissions granted to these Broadcasters by the Government of India. Vlhereas it's
the duty
of
he regulator
(TRAJ)
to enforce the terms and conditions
of
he license, unde r section
I I
of
the TRAI A c t ~
It is also p e r t i n e n ~
to
mention here, tha t ahnost all these .102 TV channels.that are in continued
violation
of
he
Law/
Act/ Rules and the prescribed License Conditions are Pay
TV
Channels
That are charging monthly subscription from ahnost
I45
Million Cable and Satellite Homes
in
the Country through the respective DPOs
Whereas, as per the Advertisement rate card
of
these Pay TV channel broadcasters they are
charging an average Rs.
(2)
Two Lac per IO Second Advertising Spot during the prime time.
7
pm..:. ro pm. •
Than.king you in anticipation of an exemplary action, that to be a deterrent for chronic violators .
of
the Law
of
the Land.
)w
Vikki
Choudhry
Managing Director
For
Home
CJble Network [P] Limited
Copy To:
The Hon ble Prime Minister of India
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Page 1
of2
t;.b
·· d ~ i
Chaudhry
• ~ ~ ~ · ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
From:
Pate:
Vikki Choudhry
Tuesday, Dqcember
8, 2015
1:16PM
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To:
Chairman TRAI
Secretary TRAI
<[email protected]>; <[email protected]>;
Secretary
MIB
PS to
Secretary (I&B)
MIB
<[email protected]>; PPS
to
ADI)L.Secretary MIB <[email protected]>; Shanker Lal-MIB <[email protected]>;
TRAI
Cc: Prime Minister ofIndia <[email protected]>; Principal Advisor PMO <[email protected]>;
Hon'ble Minister
I&B MIB
Attach:
Subject:
Advertisment_report-07122015.pdf; Sroadcaster Advert vs Subscription logic Calculator.xls('
TV Advertising Report dateo 7th Pee 15 issued by
TRAI
· ·
To
The
~ h i r p e r s o n
Telecom Regulatory Authority of India
.New· Delhi
,Also
to
The Secretary
Ministry of Information & Broadcasting
Government of
India.
Shastri Bhawan, New Delhi
Subject: Advertisement report Idata on
TV
channels
as
submitted by TV channels to TRAI and
. the report on
average
duration
of
advertisements ( Commercial
&
Self Promotion ) during peak
hours 7 pm -IO pm in Pay
TV
channels and News Channels for the period 29 June - 29
September 20IS Report published by
TRAI
on
7th
December 20I5.
Respected Sirs
Please find attached the Advertisement Report issued by
TRAI
dated
7th
December 2015.
These 102 Pay
TV
and News Channels
are
in deliberate, continued violation
of
the Programme
and Advertising Code prescribed under the Cable Television Networks Rule I 994. Ru1e 7) I 0
&
I I Advertising Code.
( I
No programme shall carry advertisements exceeding twelve mi nutes
per hours, which may include up to ten minutesper hour o f ommercial advertisements, and up tc
two minutesperh&ur o f he channel's self-p romotional programmes.
It
is also pertinent to mention that
every
News or Non- News Channel seeking permission to
downlink or uplink a
TV
Channel in India under Form - IA
gives
a sworn affidavit/ undertaking
that clearly states (Relevant Para's
are
reproduced below)
"WHEREAS as a condition precedent to above approval/permission I am required to ab1de by
the Programme Code
and
Advertising Code prescribed under the Cable Television
Network
(Regulation) Act: I995 and the Rules passed thereunder.
WJ- EREAS I have read the abovementioned Programme Code
and
Advertising Code.
•
19-Dec-.15
a g ~
2 of
-,w
. V -- 'f3Rf:;,AS
I understand that the permission/approval so granted
em
be withdrawn, i f f£ul to
a by the said Programme Advertising Codes.
l
Now, therefOre, I hereby undertake
as
fOllows:
1) I
undertake to abide by the Programme Code
and
Advertising Code laid dpwn
by
the Ministry
1
£l·
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1nf0nnation &{Broadcasting, Government of1ndia. from time co tiine.
11
I undertake to fUrnish periodic in Onnatioh relating to pqb lic complaints. programme contents
and
any other in Onnation
n
respect
o f
above
-mentioned
TV
Channels as
may
be
laia
down/asked /Or by the
Mini<;try
o f nfOrmation Broadcasting fi:om time
to
time.
In v1ew o f hi<; deliberate ·and continued violations
by
these
pennitted
/licensed Pay TV, News
and Non
-News . TV
channels i t necessitates an immediate cancellation
o f
he Uplink and the
Downlink pennissions granted to these Broadcasters
by
the Government o f ndia. vVhereas it's
the.
duty. o f he regulator
fRAI)
to enfOrce the tenns and conditions o f he license, under section I1
o f
die TRAJAct. •
It
is also pertinent to mention here, that almost
aU
these 102
TV
channels that are in continuea
violation
o f
he
Law/
Act Rules and the prescriped License Conditions are Pay
TV
Channels
'
.
That
are
charging
monthly
suqscriptioh from almost
145
Milian
Cable a.nd Satellite
Homes
in the
Country through the respective DPOs II whereas, as per the Advertisement
r;J.te
card
o f
hese Pa;
TV channel broadcasters they a.re charging
a.n
a.vera.ge Rs..(2) Two Lac per 10 Second Advertising
Spot during the prime time. 7 pm - 10 pm. (Please also find attached a Broadcaster
Advert
vs
Subscription Ready Ca.Jculator)
Thankingyou in anticipation o f n exemplary action, that to be a deterrent
Or
chrome violators 1
the Law o f he Land
WJ{:h Best Regards
Vikki
Chaudhry/ lfanaging
Director
Home Cable Network [PJ Limited
E: vikki@h'omedigital.tv
M +;9I 98III 44467
W.· www.homedigital.tv
19-Dec-JS
~ - ' \
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........
TV CHANNEL
ECONOMIC
MODEL
j
OF
A
PAY TV
.
OPTION -I
TV Channel
l •
NR
Crores
Duration
of
Advertisemen
Revenue - Advt Spot
10
requirement 100 time second
Operating
Rs l
Expenses
80
Advt Spot Charges S e ~
Total Advertisement
spots required in a
Capital Expenses 20 year
500
Total
Advtspots
Reasonable Profit 20 required in a day
1370
Total Revenue Total Advt spots
Requirement
120 . required in an hour
57
· - Hence Total Advt
Total Revenue 120 minutes in a hour
9 5
57
Spots
in
an Hour means
5
i
Advertisement Revenue
50 .
or
9.5
minutes
i . Total Advertisement
Subscription Revenue . 70
~ v e n u e
in a year
5,00,
J l
OPTION II
If
monthly
subscription charges are
increased
by Rs. 0.84
per
month
an
advertisement
is
required at
all
to
be
inserted
in
the Pay TV
ChanneL
Homes)
l l
J
l l
, Average duration
per
hour of Advertisements (Commercial Self promotional)
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\
dtlring peak hours ( 7PM
10
PM) in Pay News Channels for the period 29 June
To 27 September 2015
S
Name of Broadcaster Name of the
Average
No.
I
Channel
duration
per
hour
of
Advertiseme
nts during
1
peak hours
(in minutes)
1
ZEE
AKAASH
NEWS PVT. LTD.
24GHANTA
20.99
2
Panorama Television Private Limited
ETV
Rajasthan
20.67
3
ZEE
MEDIA
CORPORATION LIMITED
24TAAS .
20.52
4
IBN Lokmat Ne\vs Private Limited
IBN Lokmat 20.48
5 New
Delhi Tdev1sion Limited
NDTVIndia
19.54
6
a n o r a r ~ a Tefevision Private Limited ETV Bangia 18.85
7
ZEE
MEDIA
CORPORATION LIMITED ZEENEWS
18.17
8
Panorama Television Private Limited ETVBihar
18.14
9
TV
TODAY NETWORK
LTD. AAJTAK
17.89
10
TV
TODAY NETWORK
LTD.
9
DILLI AAJTAK
15.97
11
ABP News Networ k Pvt. Ltd. ABPMajha
15.97
12
Panorama Te.levision Private Limited ·
ETVUrdu
15.87
3
New Delhi Televisioni...imited
.
NDTV Profit 15.69
14
TV TODAY NETWORK
LTD
TEZ
15.37
15
TV18 Broadcast Ltd
IBN7
15.35
16 AB;p
News Network Pvt. Ltd. . ABP Ananda 14.96
17
Panorama Television Private Limited ETVU.P. 14.93
18 TV
18 Broadcast Ltd
CNN-IBN
14.68
19
ZEE
MEDIA
CORPORATION LIMITED
ZEEMP
14.60
Chattisgarh
20
ZEE
MEDIA
CORPORATION LIMITED
ZEEKannada
13.84
21
ZEE
MEDIA
CORPORATION LIMITED
ZEE
Telugu 13.83.
22 TV18 Broadcast Ltd
CNBCAWAAZ 13.79
23
EENADU TELEVISION PRIVATE
ETV2
13.22
LIMITED
24
EENADU TELEVISION PRIVATE ETV2A.P. 13.22
LIMITED
25
TV TODAY NETWORK
LTD.
HEDLINES 12.94
TODAY
26 TV18 Broadcast
Ltd
CNBCTV18 12.85
27
ZEE
MEDIA
CORPORATION LIMITED
Zee
Punjab 12.55
~ a n a
Himach
Average duration
per
hour of Advertisements (Commercial
Self
promotional)
during peak hours ( 7PM
10
PM) in Pay News Channels for the period
29
June
To 27 September 2015 The information is based on the data submitted by the
broadcasters and TRAI bears no responsibility for correctness of same. As per
information available with TRAI, rest
of
pay News channels are carrying less than
12 minutes of average duration per hour of advertisements (Commercial Self
promotional) during peak hours (7PM -
10
PM)
\'}. "Q.....
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/
39
9X Media Pvt. Ltd.
9X Jhakaas 14.00
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40 Sahara India TV Network
Sahara One
13.95
41
Zee Entertainment Enterprises Ltd
Zee Bangia
13.94
l
Cinema
42
Zee n t e r t a i n m ~ n t n t e q ~ r i s e s Ltd
Zee Marathi
13.94
43
SUN TV NETWORK LIMITED
GEMINI
13.92
MUSICS
44
STAR India Pvt Ltd
STARPlusHD
13.91
45
Zee Entertainment Enterprises Ltd
Zee Bangia
13.88
46
Prism TV Private Limited
Cofors Mara thi
13.88
47
Zee Entettainment Enterprises Ltd
Zee Talkies
13.86
48
Zee Entertainment Enterprises Ltd
Pictures
13.82
49 Zee Entertainment Enterprises Ltd
Pictures HD
13.82
50
9X Media Pvt. Ltd 9X
Jalwa
13.81
51
Zee Entertainment Enterprises Ltd·
ZeeTV
13.78
52
Zee Entertainment Enterprises Ltd
TV
13.77
53
Zee Entertainment Enterprises Ltd
TVHD
13.77
54 Discovery Commun1cationsindia
.
TLC
13.75
55
Zee Entertainment Enterprises Ltd
Zee Classic
13.75
Cinema
56
MAA TELELVISION NETWORK
MAATV
13.74
LIMITED
I
57
NGC Network (India) Private Limited
National
13.71
Geographic
Channel
58
9X Media Pvt. Ltd. 9XM
13.70
59 Viacom18 Media Private Limited CO:MEDY 13.68
CENTRAL
60
ASIAl {ET COMMUNICATIONS LTD Asianet
13.67
61
Zee Entertainment Enterprises Ltd Zee Action 13.66
Cinema
62
Discovery Communications India
Discovery 13.66
Channel
63 Viacom18 Media Private Limited
MTV
13.64
64 Discovery Communications India Discovery
13.62
Channel Tamil
65 Turner International India Pvt. Ltd.
Cartoon Network 13.62
66
STAR India Pvt Ltd
Channel [V]
13.62
67
Multi Screen Media Pvt. Ltd.
AXN
13.61
68
STAR India Pvt Ltd
Jalsha movies 13.59
69
NGC Network (India) Private Limited
Fox.
Life
13.58
70
NGC Network (India) Private Limited
FoxLifeHD
13.58
71
Discovery Communications India
ID Invest igation 13.57
.
Discovery
72
Zee Entertainment Enterprises Ltd
Zee Cinema 13.52
73
ASIANET COMMUNICATIONSLTD
Asianet Movies 13.47
74 SUN TV NETWORK LIMITED
SURYA TV
13.44
\
75 Prism TV Private Limited
Colors Guarati
13.44
76 Zee Entertainment Enterprises Ltd
Zee Cafe
13.42
77 SUN TV NETWORK LIMITED
SUN LIFE 13.42
78
Discovery Communications India
Discovery 13.42
Science
79
SUN TV NETWORK LIMITED
. SURYA
13.36
\J ·
e
¥-
1-'l
MUSICS
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80 Prism TV Private Limited
Colors kannada
13.35
81
Genx Entertaimnent Ltd
Bindass
13.33
82 Zee Entertain'ment EnterErises Ltd Zee Studio 13.30
. 83
p'rism TV Private
~ i i n { t e d
· ·
Colors Bangia
13.29
84
SUN TV NETWORK LIMITED
UDAYATV
13.29
85 UTV Entertainment Teievision Ltd UTVMovies
13.28
86 Genx Entertainment Ltd
UTV Action
13.28
87
MAA TELELVISION NETWORK
MAAMUSIC
13.27
LIMITED
.
. ' ' .
..
13.23
8 Viacom
18
Media Private Limited
NICK
89 MAA TELELVISION NETWORK
MAAMOVIES
13.17
.
.
LIMITED
90
Viacom18 Media Private Limited
.
COLORS
13.14
91
Raj Television Network Ltd. Raj' TV 13.13
92
Discbvery Communications India
Discovery Kids 13.03
93
Turner Internatiomil India Pvt. Ltd.
WB
13·.oo
94
Reliance Big Broadcasting Private Limited
BIG MAGIC
. 12.99
Ganga
95 Zoom Entertainment Network Ltd Movies
Now
12.87
96 Discovery Commun1cations India Discovery Turbo
12.84
97
UTV Entertainment Televisi01i Ltd
Bindaas Play
12.81
98
Viacom18 Media Private Limited
SONIC
12.79
'
.
UDAYA9 SUN TV NETWORK LIMITED
12.71
COMEDY
1 0 0 ~
SUN TV NETWORK LIMITED
I
CHINTUTV
12.68
101
Paul Entertainnl.ents Private Limited
•
9X Tashan
12.65
102
Turner International India Pvt. Ltd.
POGO
12.65
103
STAR India Pvt Ltd STAR Gold
12.63
104
NDTV Lifestyle Limited
NDTVGood
12:63
Times
105 Zee Entertainment Enterprises Ltd Zing 12.61
106 SUN TV NETWORK LIMITED KdCHUTV 12.4S
107 The Walt >isriey Company (india) pvt Ltd. Disney 12.41
108
.
Prism
TV
Private Limited · ·
Coiors Oriya 12.37
109 Viacom
18
Media Private Limited
COLORSHD
12.35
I
110
MAA
T E L E l . ~
VISION NET\VORK
MAAGOLD
12.25
LIMITED
. .
.
'
111
AETN 18 Media Pvt Ltd
HISTORYTV 8
12.12
112
Bennet, coleman -
Con: £
any Ltd_
-
Movies Now+ 12.07
The information is
basec}. on the data submitted by the broadcasters and TRAI
bears no responsibility for correctness
of
same. As per information available with
TRAI, rest
of
pay Non-News channels are carrying less than
12
minutes
of
average duration per hour
of
advertisements (Commercial
Self
promotional),
during peak hours (7PM - 10 PM)
//True typed copy//
rr:c
g__
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l -1
eEFORE THE HIGH COURT OF DELHI
AT
NEW DELHI
(EXTRA ORDINARY CIVIL JURISDICTION)
WRIT PETITION (CIVIL) NO. 7982 OF 2013
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IN
THE MATTER OF:
9X MEDIA PVT. LTO ORS.
... PETITIONERS
VERSUS
TELECOM REGULATORY AUTHORITY OF INDIA
... RESPONDENTS
AFFIDAVIT
I Vikki Choudhry,
S/0
Mr. Raghuraj Singh, aged about 44
.
years,
R/0
B-10,
Friends Colony
West
New Delhi
-110065
do
hereby solemnly affirms and state as under :-
1. That I am director of the applicant Home Cable Network Pvt.
Ltd. and duly authorized vide board resolution dated
11. i2.2015 by the applicant company and also
am
familiar with
the facts and circumstance of the case and hence competent to
swear this affidavit :-
2. That I have read · and understood the content of the
accompanying application, which has been drafted by our
counsel under my instructions. The content thereof are true and
correct to the best of my knowledge based
on
official records,
maintained in the usual course of business and information
received and believed to be true and correct. Legal submission
is based on the legal advice rendered and verily believed to be
true and correct.
VERIFICATION:-
For
~ b ~ ~ a _ o r k
yt
I
DEPONENT
Managing Direc
Verified
at
New Delhi on this
22nd
day of Decemb.er,
2015.
I
Vikki Chaudhry the deponent above named do hereby verify
. that the contents of above affidavit from para 1 to 2 are true to
my knowledge that
no
part of the same is false and nothing
material has been concealed therefrom.
\
L
F o r H P ~ ~ t d
DEPONENT
.