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Gazette Tracker

Core Purpose

The Ministry of Information and Broadcasting publishes the draft Telecommunications (Television, Radio and Associated Services) Rules, 2026 for public consultation, aiming to consolidate existing guidelines under the new Telecommunications Act, 2023.

Detailed Summary

The Ministry of Information and Broadcasting, Government of India, issued Notification G.S.R. 773(E) on September 2, 2026, publishing the draft Telecommunications (Television, Radio and Associated Services) Rules, 2026, for public consultation. These rules are framed under the Telecommunications Act, 2023, which replaced the Telegraph Act of 1885, and aim to consolidate various existing guidelines for television and radio services, promoting ease of doing business. The draft rules integrate policy guidelines for Uplinking and Downlinking of Satellite Television Channels (9th November 2022), Direct-to-Home (DTH) Broadcasting (15th March 2001, as amended), Headend-in-the-Sky (HITS) Broadcasting (26th November 2009), FM Radio Broadcasting (Phase III, 25th July 2011, amended up to 10th September 2024), Community Radio Stations (13th February 2024), and Internet Protocol Television (IPTV) Services (8th September 2008). The rules define various services and set forth conditions for authorisation, including minimum net worth requirements (e.g., ₹5 Crore for first non-news channel, ₹20 Crore for first news channel, ₹10 Crore for DTH/HITS, ₹3 Crore for first teleport). They specify validity periods for authorisations: 10 years for television channel, teleport, and community radio; 10 years for news agency for television; 20 years for television channel distribution service; and 15 years for private radio service. Provisions cover application, grant, renewal, migration, security conditions (e.g., security clearance for key managerial personnel, majority resident Indian directors for certain services), financial obligations (application processing fees, annual authorisation fees, performance bank guarantees, security deposits), and reporting requirements. Specific fees include ₹10,000 for television channel application processing, ₹2,00,00,000 performance bank guarantee per news channel, and an 8% adjusted gross revenue-based annual fee for DTH. Community radio services must operate a minimum of two hours daily, be free-to-air, and primarily broadcast local community-relevant messages, with a maximum of 12 minutes of advertising per hour. Private radio services must allocate at least 20% of daily broadcast to local content and adhere to limits on channel ownership in a city. The rules also detail procedures for adjudication of breaches, appeals, and recovery of dues, with civil penalties categorized as non-severe, minor, moderate, or major for various non-compliances. Comments and suggestions on these draft rules are invited by October 2, 2026, via email to [email protected] or mail to the Under Secretary (BP&L), Ministry of Information and Broadcasting, New Delhi.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-03092026-275942 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 705] NEW DELHI, WEDNESDAY, SEPTEMBER 2, 2026/BHADRA 11, 1948 MINISTRY OF INFORMATION AND BROADCASTING NOTIFICATION New Delhi, the 2nd September, 2026 G.S.R. 773(E).— The Telecommunications Act was passed by Parliament in 2023. It is a pathbreaking piece of legislation that replaced the archaic Telegraph Act of 1885. The Telecommunications Act is a comprehensive piece of legislation that encompasses a wide range of services. Its implementation is carried out by different departments, depending on the nature of the service covered. The Ministry of Information and Broadcasting administers the provisions relating to television, radio, and associated services. The draft Telecommunications (Television, Radio and Associated Services) Rules, 2026 have been framed to consolidate the various guidelines issued for television and radio services under the erstwhile Telegraph Act, 1885 within the framework of the newly enacted Telecommunications Act, 2023. Following guidelines are integrated into this set of rules: a) Policy Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, dated 9th November, 2022; b) Guidelines for obtaining a license to provide Direct-to-Home (DTH) Broadcasting Services in India, dated 15th March, 2001, as amended from time to time; c) Guidelines for providing Headend-in-the-Sky (HITS) Broadcasting Services in India, dated 26th November, 2009; d) Policy Guidelines on Expansion of FM Radio Broadcasting Services through Private Agencies (Phase III), dated 25th July 2011, as amended up to 10th September, 2024; e) Revised Policy Guidelines for setting up Community Radio Stations in India, dated 13th February 2024; and f) Guidelines for provisioning of Internet Protocol Television (IPTV) Services, dated 8th September 2008. With this set of rules, the industry will now have a unified and significantly simplified rule book. These rules are designed to simplify and harmonize the existing regime while promoting ease of doing business in the television and radio broadcasting sector. The Draft Rules were published on the website of the Ministry of Information and Broadcasting on 12.06.2026 for public consultation. The suggestions and inputs received from stakeholders have been examined and suitably incorporated, wherever considered appropriate. These draft rules are hereby published for further public consultation. Inputs, comments, or suggestions, if any, may be sent either to the Under Secretary (BP&L), Ministry of Information and Broadcasting, Government of India, Room No. 23076, 3rd Floor, Kartavya Bhawan-II, New Delhi – 110001, or, preferably, by email at [email protected], by 02.10.2026. CHAPTER 1: PRELIMINARY 1. Short title and commencement. (1) These rules may be called the Telecommunications (Television, Radio and Associated Services) Rules, 2026. (2) They shall come into force on such date as the Central Government may specify by notification. 2. Definitions. In these rules, unless the context otherwise requires, the terms defined herein shall have the meanings assigned to them below, and such terms not defined herein but defined in Telecommunications Act, 2023, Companies Act, 2013, Cable Television Networks (Regulation) Act, 1995, Foreign Exchange Management Act, 1999, or the Limited Liability Partnership Act, 2008, shall have the meanings respectively assigned to them in the said Acts— (1) "Act" means the Telecommunications Act, 2023; (2) "applicant" means a person applying for an authorisation under rule 11; (3) "broadcasting equipment" means any telecommunication equipment used for broadcasting; (4) "broadcasting network” means any telecommunication network used for broadcasting; (5) "broadcasting service" means a telecommunication service in which programmes are transmitted, directly or indirectly, for simultaneous reception by users, and all its grammatical variations and cognate expressions shall be construed accordingly; (6) "community radio service” means broadcasting of audio messages in a linear manner using radio waves to serve a local community within a specified geographical area with transmission range of approximately ten kilometers from the specified geo-coordinates; (7) “DSNG” means digital satellite news-gathering which includes broadcasting equipment that enables an authorised entity to gather messages for broadcasting from locations outside of a television studio using satellite transmission medium; (8) "internet protocol television service” means a television channel distribution service using internet protocol over a closed and managed network; (9) “internet services" shall have the same meaning assigned to it in the Telecommunications (Authorisation for Provision of Principal Telecommunication Services) Rules, 2026; (10) “LLP” means a limited liability partnership under the Limited Liability Partnership Act, 2008; (11) “news agency for television” means an agency that gathers news and provides it either to an authorised entity operating a news channel or to another authorised entity functioning as a news agency for television; (12) "news channel" means a television channel which predominantly broadcasts news and current affairs programmes; (13) "non-news channel" means a television channel other than a news channel; (14) "platform services” means the programmes transmitted by an authorised entity for television channel distribution services or internet protocol television service to its own subscribers and does not include television channels provided by Prasar Bharati, or Parliament, or authorised television channels, or foreign television channels not authorised for distribution in the territory of India. (15) "Prasar Bharati” means Prasar Bharati (Broadcasting Corporation of India), established under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990; (16) "private radio service” means the broadcasting of audio messages in a linear manner, using radio waves, provided as a business activity; (17) "programme” means any message comprising audio, visual, or audio-visual content intended for broadcasting, and it may include exhibition of films, features, dramas, documentaries, advertisements and serials, as well as any audio, visual or audio-visual live performance, presentation, or pre-recorded message; (18) “satellite transmission medium” means a transmission medium using satellite networks; (19) "service area" means the geographical area of each authorisation as specified under sub-rule (7) of rule 12; (20) "teleport" means a satellite earth-station facility from which multiple television channels may be uplinked to a satellite; (21) "terrestrial transmission medium" means a transmission medium that uses terrestrial infrastructure for a television channel, and includes wireline or wireless infrastructure, the internet, or any other broadcasting equipment or systems, other than the satellite transmission medium; and (22) "television channel" means broadcast of programme in linear manner; Explanation: 'programmes in linear manner' refer to the programme that is transmitted in a fixed, time-bound sequence decided by the authorised entity for television channel, not chosen by the viewer. 3. Applicability. (1) These rules shall apply to any person seeking to obtain, or already holding, any of the types of authorisations specified in Chapter 2. (2) The provisions of Chapters 2, 3, 4, 5, 6 and 8, together with the Schedules, shall constitute the terms and conditions of any authorisation granted under these rules. (3) These rules shall not apply in respect of television, radio, and associated services provided by entities listed in Schedule 1. (4) Without prejudice to the provisions of this rule, the provisions of the Telecom Regulatory Authority of India Act, 1997, and the rules and regulations made thereunder shall apply to the authorised entity. 4. Digital implementation. The Central Government may, in furtherance of section 53 of the Act, notify one or more digital portals for the implementation of these rules, including for the publication of relevant forms, directions, and guidelines specified under these rules. CHAPTER 2: TYPES OF AUTHORISATIONS 5. Television channel (1) Television channel comprises news channel and non-news channel, broadcast through satellite transmission medium or terrestrial transmission medium, which may be provided to – (a) an authorised entity for television channel distribution services; (b) a multi-system operator; or (c) an internet protocol television service provider, for further re-transmission to its users. (2) An applicant seeking authorisation for operating a television channel shall be a company or an LLP and shall: (a) ensure compliance with foreign investment requirements under applicable law; (b) fulfil minimum net worth requirement as specified in Schedule 2, for the financial year immediately preceding the year in which such application is made; and (c) ensure compliance with sub-rule (3), and with rule 19 relating to security conditions. (3) The applicant shall, (a) in respect of the name and logo of the television channel for which authorisation is sought, possess a registered trademark under the Trade Marks Act, 1999, or a duly valid no objection certificate from the registered trade mark owner or, in case of unregistered trade marks, from the person that has been using the relevant trademark in any class for a continuous period of at least one year; (b) have exclusive marketing or distribution rights, including the rights to the advertising and subscription revenue, in respect of the television channels that it seeks to provide to the authorised entity for television channel distribution services or multi-system operator or internet protocol television service provider, for further re- transmission to users; and (c) where a television channel is not originating from the territory of India, ensure compliance with applicable law of the country of origin. Explanation: For clause (a) of sub-rule (3), it is clarified that the trademark shall be unhindered, i.e., not objected, opposed or rejected in the trademark authority, at the time of seeking authorisation. 6. Television channel distribution services. (1) Television channel distribution service comprises direct-to-home service as specified under sub-rule (2), head- end in the sky service as specified under sub-rule (3) and internet protocol television service provider. (2) Direct-to-home service means: (a) re-transmission of television channels; or (b) transmission of platform services, directly to users by using a satellite transmission medium, and without passing through the broadcasting network of any other authorised entity or cable television network. (3) Head-end in the sky service means: (a) re-transmission of television channels or transmission of platform services, using satellite transmission medium, to cable operators for further re-transmission to users; or (b) provision of passive infrastructure facility to one or more multi-system operators. (4) An applicant seeking authorisation for television channel distribution service shall be a company and shall: (a) ensure compliance with foreign investment requirements under applicable law; (b) fulfil minimum net worth requirement as specified in Schedule 2, for the financial year immediately preceding the year in which such application is made; and (c) ensure compliance with sub-rules (5), (6), (7), (8), (9), (10), as applicable, and with rule 19 relating to security conditions. (5) In case of direct-to-home services, an authorised entity for a television channel, individually or collectively with any multi-system operator shall not hold more than twenty per cent equity shareholding in an authorised entity for direct-to-home service. (6) In case of direct-to-home services, the applicant shall not hold more than twenty percent equity shareholding in any authorised entity for television channel or in any multi-system operator, whether individually or in combination. (7) In case of head-end in the sky services, an authorised entity for a television channel, individually or collectively with any authorised entity for direct-to-home service, shall not hold more than twenty per cent equity shareholding in an authorised entity for head-end in the sky service. (8) In case of head-end in the sky services, the applicant shall not hold more than twenty per cent equity shareholding, in any authorised entity for a television channel or in any direct-to-home service, whether individually or in combination. (9) Any person holding more than twenty per cent equity shareholding in an authorised entity for head-end in the sky service shall not hold more than twenty percent equity shareholding in any other authorised entity for television channel or direct-to-home service, whether individually or in combination. (10) Any person holding more than twenty per cent equity shareholding in an authorised entity for television channel or direct-to-home service, whether individually or in combination, shall not hold more than twenty per cent equity shareholding in the applicant seeking authorisation for head-end in the sky service. Explanation: (1) For the purposes of sub-rules (7) and (8) of rule 6, while determining the equity shareholding of a company, both its direct and indirect shareholding shall be taken into account. (2) Sub-rules (9) and (10) of rule 6 shall not apply to financial institutional investors. 7. Teleport. An applicant seeking authorisation for teleport shall be a company or LLP, and shall: (a) ensure compliance with foreign investment requirements under applicable law; (b) fulfil minimum net worth requirement as specified in Schedule 2, for the financial year immediately preceding the year in which such application is made; and (c) ensure compliance with rule 19 relating to security conditions. 8. News agency for television. An applicant seeking authorisation for news agency for television, shall be a company or LLP that possesses accreditation issued by the Press Information Bureau, and shall: (a) ensure compliance with foreign investment requirements under applicable law; and (b) ensure compliance with rule 19 relating to security conditions. 9. Private radio service. (1) An applicant seeking authorisation for private radio service, shall be a company and shall: (a) ensure compliance with foreign investment requirements under applicable law; (b) fulfil minimum net worth requirement as specified in Schedule 2, for the financial year immediately preceding the year in which such application is made; (c) ensure compliance with sub-rule (3) and rule 19 relating to security conditions; (2) The applicant seeking authorisation for private radio service shall: (a) be an entity in which equity held by the largest Indian shareholder is at least fifty-one percent of the total equity, excluding the equity held by a scheduled bank and public financial institutions as defined in section 2(72) of the Companies Act; (b) not be controlled by or associated in any manner with a trust, society, non-profit organisation, religious body or a political body; (c) not be an entity which is functioning as an advertising agency or is an associate of an advertising agency or is controlled by an advertising agency or person associated with an advertising agency; (d) not be a subsidiary, holding company, or an affiliate of an authorised entity holding an authorisation for private radio service, in the same service area; and (e) be owned or controlled by persons having beneficial interest in another authorised entity for private radio service, in the same service area. Explanation: For the purposes of the clause (a) of sub-rule (2) of rule 9, the term largest Indian shareholder shall include any or a combination of the following: (1) In the case of an individual shareholder, (a) The individual shareholder; (b) A relative of the shareholder within the meaning of section 2(77) of the Companies Act, 2013; or (c) A company or group of companies in which the individual shareholder or Hindu Undivided family, to which it belongs, has management and controlling interest. (2) In the case of an Indian company, (a) The Indian company; or (b) A group of Indian companies under the same management and ownership control. Note: - for the purpose of this Explanation, “Indian company” shall be a company, which must have a resident Indian or a relative as defined under section 2(77) of the Companies Act, 2013 or Hindu Undivided Family, either individually or in combination holding at least fifty one percent of the shares. In case of a combination of all or any of the entities, each of the parties shall have entered into a legally binding agreement to act as a single unit in managing the matters of the applicant company. (3) The authorised entity shall be allowed to run not more than forty percent of the total number of channels in a city subject to a minimum of three different authorised entity in the city. Explanation: For the purpose of sub-rule (3) of rule 9: - (1) In case the number arrived at by calculating forty per cent is a decimal, it shall be rounded off to the nearest whole number; (2) the channels authorised to the following categories of companies shall be reckoned together for the purpose of calculating the total number of channels authorised: (a) subsidiary company of any applicant or authorised entity; (b) holding company of any applicant or authorised entity; (c) companies with the same management as that of applicant or authorised entity; or (d) more than one inter-connected undertakings with regard to the applicant or authorised entity. (4) The Central Government shall publish a notice inviting applications for auction private radio service for the purpose of determining non-refundable one-time entry fee, and shall, while publishing such notice, specify the terms and conditions of such auction including, inter alia, the frequency spots, reserve price, and earnest money deposit. 10. Community radio service. (1) The authorisation for community radio service shall be done on first come first serve basis. (2) An applicant seeking authorisation for community radio service may be: (a) a company registered under section 8 of the Companies Act, 2013; (b) a society constituted for charitable purposes and registered under the applicable law relating to societies or the Societies Registration Act, 1860; (c) a public charitable trust registered under the applicable law relating to trusts; (d) krishi vigyan kendras or self-help groups or farmer producer organisations registered under the applicable law; or (e) an institution established or recognized by the Central Government or State Government or established under any law made by Parliament or legislature of a State. Explanation: An applicant under sub-rule (2) shall: (1) Not be an entity established with a motive to earn profit, or an entity established and operating principally for religious or political purposes, or affiliated with any such entity; and (2) If it is an entity specified under clauses (a) to (d) of sub-rule (2), possess a unique identification number issued by the NITI Aayog, Government of India. (3) An applicant for community radio service shall additionally: (a) ensure compliance with foreign investment requirements under applicable law; (b) ensure compliance with the Foreign Contribution (Regulation) Act, 2010 in respect of foreign contributions from multilateral aid agencies; (c) ensure compliance with rule 19 relating to security conditions; and (d) have been engaged in services for the development of the community in the specific geographical area for which authorisation is sought, over a period of at least three years prior to the date of making an application under rule 11. (4) If an applicant seeks authorisation for community radio service in multiple service areas, the following additional conditions shall apply: (a) only one application may be made in respect of each service area; (b) an application in respect of a second or more service areas, may be made subject to any existing authorisation having been operational for a continuous period of one year prior to such application; and (c) an applicant shall not hold more than six authorisations for provision of community radio service. (5) For community radio service, a transmitter having maximum effective radiated power of hundred watts shall be adequate: Provided that, in cases, where the transmitter power is insufficient to provide coverage due to terrain conditions up to ten kilometers transmission range, transmitter with maximum effective radiated power up to two hundred and fifty watts maybe considered on a case-to-case basis. Explanation: The effective radiated power is the total radio frequency power radiated by an antenna system in its maximum direction, compared to a theoretical half-wave dipole antenna. CHAPTER 3: APPLICATION AND GRANT OF AUTHORISATION 11. Application for obtaining authorisation. (1) An applicant shall submit an application, in such form and manner and accompanied by such documents, as the Central Government may specify, along with: (a) payment of an application processing fee as specified in Schedule 3; (b) details of the applicant including its registered address and shareholding pattern of the applicant, if any; and (c) details of its key managerial personnel or the governing body members, as the case may be, for the purpose of obtaining security clearance. (2) An entity intending to provide internet protocol television service may do so upon submitting a declaration, in such form and manner as specified by the Central Government, that the entity holds either — (a) an internet service authorisation under the Telecommunications (Authorisation for provision of Principal Telecommunication Services) Rules, 2026; or (b) a registration as a multi-system operator under the Cable Television Networks (Regulation) Act, 1995. 12. Grant of authorisation. (1) Upon examination of the application submitted under sub-rule (1) of rule 11, the Central Government may require the applicant to furnish such further information as it may call for. (2) If the applicant fails to provide information as required under sub-rule (1) within a period of ninety days, the Central Government may, after providing an opportunity to the applicant to be heard, reject such application, with reasons to be recorded in writing. (3) In the event the application is found to be complete, the Central Government shall: (a) forward such application to the relevant ministries of the Central Government for security and site-related clearances; and (b) if considered necessary, for reasons to be recorded in writing, the Central Government may cause inspection of the physical premise or location, to ascertain the veracity of the claims made in the application. (4) If, based on its assessment of the application, and relevant clearances obtained pursuant to sub-rule (3), the applicant is found to be eligible for grant of authorisation, the Central Government shall issue a letter of intent to such applicant through the portal, specifying the following, namely: (a) amounts payable as entry fee, authorisation fee, performance bank guarantee and security deposit, registration fee in accordance with Schedule 3, payable in such manner as the Central Government may specify; and (b) validity of the letter of intent, not exceeding sixty days from its issuance, within which period the payments under clause (a) shall be made. (5) If the payment specified in the letter of intent is not paid within the time period specified therein, the letter of intent shall lapse, and the application for authorisation shall stand rejected. (6) Upon compliance with the requirements of the letter of intent under sub-rules (5) and subject to the relevant clearances obtained under sub-rule (3), authorisation shall be granted to such applicant through the designated portal, detailing the following aspects, namely: (a) unique authorisation number; (b) effective date of authorisation; (c) validity period of authorisation; (d) scope of authorisation; and (e) service area of authorisation. (7) The service area for which each authorisation under sub-rule (6) is granted, shall be as follows: (a) In respect of television channel, television channel distribution service, teleport and news agency for television, the service area shall be the national service area; and (b) In respect of private radio service and community radio service, the service area shall be limited to a specific geographical area, within the national service area, as specified in the authorisation. Explanation: For the purposes of this rule, the expression “national service area" refers to the territory of India, territorial waters of India and the continental shelf and exclusive economic zone of India, in accordance with section 55 of the Act. 13. Validity period of authorisation. The validity period of authorisation granted under sub-rule (6) of rule 12 shall be: (a) ten years for television channel, teleport and community radio service from the date of commencement of its operation; (b) ten years for news agency for television from the date of authorisation; (c) twenty years for the television channel distribution service from the date of commencement of its operation; and (d) fifteen years for private radio service from the date of commencement of its operation. 14. Renewal of authorisation. (1) An authorised entity may submit an application for renewal of authorisation, in such form and manner, along with such other information, as the Central Government may specify, at least one hundred and twenty days prior to the expiry of the authorisation, along with an application processing fee for such renewal, as specified in Schedule 3. (2) The Central Government shall, on receipt of an application under sub-rule (1), consider renewal, subject to: (a) adherence to the law and policy applicable at the time of such renewal; (b) obtaining the requisite security clearances from the relevant ministries of the Central Government; (c) adherence to terms and conditions of authorisation; and (d) the condition that the authorised entity has not committed breach of terms and conditions of authorisation, including non-compliance with the programme code or advertising code as specified under rule 16, as applicable, for more than five number of instances where entity has been adjudicated for such breach. (3) Any decision rejecting an application under sub-rule (2) shall be accompanied by reasons to be specified in writing. (4) The validity period of authorisation upon renewal under sub-rule (2) shall be ten years except for private radio service, which shall not be eligible for renewal. (5) If an application has been rejected in terms of sub-rule (2), or no application for extension of authorisation is received within the timelines specified under sub-rule (1), then such authorisation shall expire at the end of its validity period, and the authorised entity shall notify all its users, and any other authorised entity being provided with broadcasting services, broadcasting network, or broadcasting equipment, by such authorised entity, by issuing a notice of at least thirty days, communicating the effective date of expiry of its authorisation. 15. Migration. (1) Any entity holding a licence, registration, or permission, by whatever name called, granted prior to date of notification of these rules, under Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy Act 1933, pursuant to any of the following guidelines: (a) Policy Guidelines for Uplinking and Downlinking of Satellite TV Channels in India, dated 9th November 2022; (b) Guidelines for obtaining license for providing direct-to-home (DTH) broadcasting service in India, dated 15th March 2001, as amended; (c) Guidelines for providing headend-in-the-sky (HITS) broadcasting service in India, dated 26th November 2009; or (d) Revised Policy Guidelines for setting up Community Radio Stations in India, dated 13th February 2024, may submit, at any time during the validity of such licence, registration, or permission, as the case may be, an application in accordance with rule 11, for migration to a corresponding type of authorisation under Chapter 2. (2) In case, no application for migration in accordance with rule 11 is received, such licence, registration, or permission, as the case may be, shall continue to be valid on the terms and conditions on which it was permitted and no renewal of such licence, registration, or permission shall be granted. (3) The entity intending to migrate shall, prior to making an application under sub-rule (1), make payment of all pending dues, along with interest, if any, in respect of the licence or permission or registration, as the case may be, specified under sub-rule (1), and such application shall be accompanied with proof of payment of such dues. (4) Upon migration under these rules, the corresponding licence or permission or registration, as the case may be, held by the relevant entity shall be terminated and new authorisation shall be granted under rule 12. (5) No application processing fee shall be levied for migration under sub-rule (1). (6) Any obligation of an entity holding a licence, registration, or permission, by whatever name called, granted prior to date of notification of these rules, under Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy Act 1933, pursuant the guidelines mentioned under clause (a) to (d) under sub-rule (1), shall apply mutatis mutandis to the authorised entity under these rules and vice-versa. (7) Notwithstanding anything contained in this rule, the provisions herein shall not apply to FM radio broadcasting services holding permission prior to the date of notification of these rules, and such permissions shall continue to remain valid on the terms and conditions under which they were originally granted. CHAPTER 4: GENERAL TERMS AND CONDITIONS 16. General obligations of authorised entities. (1) Every authorised entity shall ensure compliance with the requirements specified under Chapter 2 and maintain the validity of the clearances obtained under sub-rule (3) of rule 12, for the entire validity period of authorisation. (2) Every authorised entity shall ensure: (a) compliance with the programme code and advertising code; and (b) compliance with such directions or guidelines issued, for the purpose of these rules, by the Central Government, from time to time. Explanation: The expressions "programme code” and “advertising code” shall mean the following: (a) in respect of television channels and television channel distribution services, the “Programme Code" and "Advertising Code” as referred to in the rules made under the Cable Television Networks (Regulation) Act, 1995; and (b) in respect of private radio service and community radio service, such code as followed by Akashwani, as amended from time to time, or any other code which the Central Government may specify, from time to time. (3) No authorised entity shall sub-let or sub-lease or assign its authorisation. 17. Use of broadcasting network. An authorised entity may: (a) use its own broadcasting network; or (b) enter into mutual agreement with another authorised entity for sharing the broadcasting network of such other entity. (c) hire or lease broadcasting equipment on long terms basis from any entity as long as it does not impact authorised entity's obligation under these rules. Explanation: For the removal of doubts, it is hereby clarified that each authorised entity entering into a mutual agreement under clause (b) shall continue to remain responsible for compliance with the terms and conditions of its respective authorisation, jointly and severally. 18. Assignment and use of spectrum. (1) The grant of an authorisation under these rules does not confer any right to assignment and use of spectrum. (2) The authorised entity intending to use spectrum shall, unless exempted from the requirement of assignment under the Act, apply for assignment of spectrum, under section 4 of the Act, no later than thirty days from the grant of authorisation under these rules. 19. Security conditions. (1) The authorised entity, its key managerial personnel and governing body members shall remain security cleared throughout the currency of authorisation. (2) Every authorised entity shall, prior to the appointment of any key managerial personnel, submit the details on the designated portal for obtaining security clearance, in such form and manner as the Central Government may specify. (3) The authorised entity holding authorisation for provision of the following services shall ensure that majority of directors, partners, and other key managerial personnel shall be a person resident in India: (a) news channel; (b) news agency for television; (c) television channel distribution service; and (d) private radio service. (4) All foreign personnel likely to be deployed, whether by way of appointment, contract, consultancy, or under any other arrangement, by the authorised entity for installation, maintenance, or operation of broadcasting networks shall be required to obtain security clearance from the Central Government prior to their deployment. (5) The authorised entity shall disclose the name, address and details of any foreigner or non- resident Indian to be employed or engaged in the company or LLP, as the case may be, as a consultant or by any other designation for more than sixty days in a year, or, as a regular employee. Explanation: For the purposes of these rules, the expression "key managerial personnel": (a) in respect of a company shall have the same meaning as is assigned to it in section 2(51) of the Companies Act, 2013; (b) in respect of a partnership shall mean the “partner” under the Indian Partnership Act, 1932 and the “partner” or "designated partner" under the Limited Liability Partnership Act, 2008; 20. Assessment and payment of authorisation fee. (1) The authorisation fee as specified in Schedule 3 shall be payable by the authorised entity in the manner and within the applicable timelines as specified in Chapter 5. (2) If the authorisation fee as specified in Schedule 3 is calculated on the basis of adjusted gross revenue, the Central Government may carry out the assessment of such fees in accordance with the procedure as it may specify. Explanation: For the purposes of this rule, the expression "assessment" shall include reassessment and re- computation. (3) If the authorised entity holds more than one type of authorisation under Chapter 2 or holds the same type of authorisation in a different service area, it shall maintain separate financial accounts and furnish separate statement of computation of authorisation fee for each such authorisation. (4) The Central Government shall have the right to get the accounts of any authorised entity audited by the Comptroller and Auditor-General of India or any other professional auditors, at its discretion, so as to verify that the statements of gross revenue submitted by the authorised entity are correct. (5) For the purposes of these rules: (a) "adjusted gross revenue" of an authorised entity shall be the adjusted gross revenue, which shall be calculated by excluding goods and services tax from the gross revenue, as determined by statutory auditor, in the audited accounts of such authorised entity; (b) "gross revenue" of an authorised entity means the gross inflow of cash, receivables, or other consideration arising in the course of ordinary activities of the authorised entity, including from the provision of broadcasting services, from the use by others of the enterprise resources yielding rent, interest, dividend, royalties, and commissions, from barter advertising contracts; (c) gross revenue shall be calculated, without deduction of taxes or agency commissions, on the basis of billing rates, net of discounts to advertisers; and (d) gross Revenue shall, in the case of an authorised entity providing or receiving goods and services from other entities that are owned or controlled by such authorised entity, be calculated taking into account all such transactions on normal commercial rates, and shall be included in the profit and loss accounts of such authorised entity. (6) In the event of any difference between the gross revenue determined by the statutory auditor and that determined by the auditor appointed by the Central Government, the views of the Government-appointed auditor shall prevail, subject to the authorised entity being afforded an opportunity of hearing, and the expenses of such audit shall be borne by the authorised entity. 21. Monitoring and inspection. (1) Every authorised entity shall preserve recordings of programmes, including advertisements, for a period of ninety days from the date of its broadcast, and shall submit such recordings, when so directed, to the Central Government or to any agency designated by it for this purpose. (2) In case of any complaint, dispute, inquiry, or judicial proceeding in respect of a programme referred to under sub- rule (1), the authorised entity shall preserve its recordings until the final conclusion of such proceedings, and shall submit such recordings, when so directed, to the Central Government or any agency designated by it for this purpose. (3) The Central Government may, for the purposes of inspection and monitoring compliance with these rules, after issuing a notice to the authorised entity, inspect or cause to inspect the premises, from where an authorised entity operates its authorisation, and the broadcasting equipment, recordings and broadcasting network at such or any other premises. (4) The Central Government may, for reasons to be recorded in writing, undertake monitoring and inspection under sub-rule (3) without providing notice when it determines that issuing notice would defeat the purpose of such inspection. (5) Every authorised entity shall provide access, facilities and support, as may be necessary, to facilitate monitoring and inspection under this rule. 22. Reporting requirements. (1) Every authorised entity shall, in such form and manner and along with such supporting documents, as the Central Government may specify, (a) intimate any change in its shareholding, partnership, or foreign direct investment, within thirty days of such change; (b) intimate any change in the name under which it has been registered or incorporated, as the case may be, within thirty days of such change; and (c) intimate any change in its details, including ownership, control, address and contact details, or any other such material details, within fifteen days of such change; (d) furnish such information relating to compliance with these rules, including documents, reports, accounts, estimates and returns, at such time periods as may be specified. (2) Any change in ownership leading to change in control or complete change in management of an authorised entity shall be undertaken only with the prior written permission of the Central Government, obtained in such manner as the Central Government may specify. 23. Use of satellite transmission medium. (1) An authorised entity intending to use satellite shall either own, or enter into an agreement with an entity that has the relevant satellite capacity authorised by Department of Space in the Government of India, or any other designated agency specified for the purpose. (2) The authorized entity using a satellite shall provide information relating to the use of the satellite, and any subsequent change thereof, to the Central Government within thirty days of such change. 24. Conditions for use of DSNG. (1) An authorised entity holding any of the following authorisations may purchase DSNG for the purposes specified under sub-rule (4), subject to such clearances as may be required from the relevant ministries of the Central Government, obtained in such manner as the Central Government may specify: (a) news channel; (b) teleport; and (c) news agency for television. (2) The authorised entity, for purchase of DSNG, shall submit a performance bank guarantee as specified in Schedule 3. (3) An authorised entity, except an entity holding authorisation for television channel distribution service or private radio service or community radio service, may obtain DSNG by lease or hire from any other authorised entity for the purposes specified under sub-rule (4), subject to clearances from relevant ministries of the Central Government, as may be specified. (4) DSNG shall only be used for the following purposes, namely: (a) In respect of provision of news channel, for live news coverage, footage collection and point-to-point transmission; (b) In respect of provision of non-news channel, for live uplinking of events; (c) In respect of provision of news agency for television, for the collection or transmission of news or footage; and (d) In respect of a foreign channel or entity, for the purpose of live coverage of events intended for broadcast outside the territory of India. Explanation: The DSNG shall not be used in any security sensitive areas as specified by the Central Government. (5) The authorised entity using DSNG shall: (a) preserve a daily record of the locations and events covered and uplinked by the DSNG, and downlinked at the satellite earth station, for a period of ninety days, in such form and manner as the Central Government may specify, and when so directed, submit the same to the Central Government; (b) uplink signals in an encrypted manner to ensure that the transmission is receivable only within a closed group; (c) uplink for broadcasting only through use of satellite transmission medium; and (d) downlink signals only at the teleport of any authorised entity or licencee. (6) The DSNG for lease or hire under sub-rule (3) shall be registered by the following authorised entity on the portal, in such manner as the Central Government may specify: (a) in case the authorised entity taking DSNG on lease or hire, holds an authorisation to provide non-news channel, register the uplinking of a live programme or event using DSNG, at least fifteen days prior to the commencement of such live programme or event; and (b) in case a foreign channel or entity is granted permission for uplinking of a live event using DSNG, intended for broadcast outside the territory of India, register prior to such use, by the authorised entity providing such service. (7) Any registration under sub-rule (6) shall be accompanied with a fee specified in Schedule 3 and the following, namely: (a) name of the programme or event, date, time and venue thereof; (b) willingness of the teleport operator to uplink the programme or event; (c) authorisation of the relevant authorised entity broadcasting the programme or event; and (d) information and documents as may be specified. (8) The authorised entity shall submit any modification of the information provided under sub-rule (7), in such form and manner as may be specified— (a) at least seven days prior to the programme or event; or (b) at least two days prior to the programme or event, subject to payment of an additional fee of fifty per cent of the initial fee paid under sub-rule (7), unless otherwise waived by an officer of the Central Government or State Government, not below the rank of Joint Secretary, authorised for this purpose. (9) The authorised entity shall commence operation of the DSNG within six months from the date of assignment of spectrum, failing which, the Central Government may, without prejudice to its rights or any other remedy, including those under Chapter 7 on adjudication and appeals, encash, claim, or appropriate the performance bank guarantee submitted by such authorised entity. 25. Force majeure. (1) If the compliance of any obligation under an authorisation by an authorised entity is prevented or delayed, in whole or in part, by reason of a force majeure event, and such entity has adhered to its obligations under sub-rule (2), then such non-compliance or delay in compliance shall not constitute a breach of the terms and conditions of authorisation, for the duration of such event. (2) The authorised entity shall notify the Central Government, in such form and manner as the Central Government may specify, the occurrence of a force majeure event within twenty-one days from the date of its occurrence. (3) The operation of an authorisation under these rules shall be resumed as soon as practicable, after such force majeure event comes to an end or ceases to exist, and the decision of the Central Government as to whether such broadcasting service may be so resumed and the time frame within which it may be resumed or not, shall be final and binding. (4) Any force majeure event shall not result in the extension of the validity period of authorisation. (5) Notwithstanding anything contained in sub-rule (4), the Central Government may, on a case-by-case basis, taking into consideration the circumstances of the force majeure event, allow deferment for a period not exceeding the number of days of such event, of the obligation to make payment of the authorisation fee, if such payment was due during the period of force majeure. (6) No authorised entity under this rule shall be entitled to claim any compensation for force majeure event, or any damages against the Central Government for non-performance or delay in performance of the Central Government's obligations by reason of the force majeure event. (7) For the purposes of this rule, the expression “force majeure event" shall mean and be limited to the following events: (a) war or hostilities; (b) major riots or civil commotion; (c) earthquake, flood, tempest, lightning or other natural disasters; or (d) any other event which the Central Government may notify to be a force majeure event. CHAPTER 5: SERVICE SPECIFIC TERMS AND CONDITIONS Part A: Television Channel 26. Operation and roll out. (1) Every authorised entity shall: (a) commence its operations within a period of one year from the date of assignment of spectrum and report the same to the Central Government, in such form and manner as may be specified, within fifteen days of such commencement; (b) provide signals of television channel only to an authorised entity holding authorisation for television channel distribution service, or a multi-system operator or internet protocol television service provider; (c) ensure compliance with the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, and all applicable rules, directions, guidelines and notifications issued thereunder; and (d) display only the name and logo of a television channel as specified in the authorisation. (2) The television channel shall remain continuously operational throughout the period of validity of its authorisation. (3) If a television channel remains non-operational for a continuous period exceeding sixty days, the authorised person shall notify the Central Government and provide the reasons therefor. (4) The television channel which remains non-operational for a continuous period exceeding ninety days, except by virtue of an order or instruction, by whatever name called, issued in this behalf under these rules, authorisation granted in respect of it shall be deemed to have been withdrawn: Provided that the authorised entity shall be offered an opportunity of being heard. (5) The television channel, using satellite communication medium, shall encrypt the signals of television channels if transmitted in a band other than "C" band. (6) Every authorised entity shall broadcast on its television channel, for a minimum duration of thirty minutes each day between 0600 hours IST and 2300 hours IST, programmes focusing on themes of national importance and social relevance, including the following, namely: (a) education and the spread of literacy; (b) agriculture and rural development; (c) health and family welfare; (d) science and technology; (e) welfare of women; (f) welfare of the weaker sections of society; (g) protection of environmental and cultural heritage; (h) animal welfare; and (i) national integration. (7) The Central Government may exempt, by notification, specified television channels, from the obligation under sub- rule (6). (8) Where a television channel is intended to be uplinked from India but is exclusively for viewership outside the territory of India, the authorised entity shall undertake such uplinking pursuant to obtaining the requisite clearances from such ministries of the Central Government as may be specified, and shall ensure that the uplinked message does not contain anything prejudicial to India's sovereignty, integrity, national security and friendly relations with other countries. (9) The authorised entity referred to under sub-rule (8) shall ensure compliance with the applicable law in the destination country for which the message is produced and uplinked under sub-rule (8). (10) Every authorised entity shall submit, to the Central Government and television rating agencies registered under applicable law and policy, the availability of its television channels on landing page, if any. Explanation: For the purposes of sub-rule (10), the expression “landing page" means the default display of a television channel, upon the turning on the customer premises equipment, including during navigation or switching of television channels, where such default display is activated without any specific user selection. (11) In case of non-compliance with the obligations under clause (a) of sub-rule (1), the Central Government may, without prejudice to its rights or any other remedy, including those under Chapter 7 on adjudication and appeals, encash or appropriate the performance bank guarantee submitted by the authorised entity. (12) The authorised entity shall comply with rule 17,18,19,20 and 21 of the Cable Television Networks Rules, 1994, as amended from time to time. 27. Change in category and medium of transmission of television channel. (1) An authorised entity seeking to change the category or medium of transmission of its television channel as follows: (a) from news channel to non-news channel or vice-versa; (b) from satellite transmission medium to terrestrial transmission medium or vice-versa; or (c) change of teleport for uplinking of television channel, shall submit an application in such form and manner as may be specified by the Central Government, along with fees as specified in Schedule 3. (2) The authorised entity shall, at the time of making an application under sub-rule (1), ensure compliance with the eligibility conditions specified under Chapter 2, in respect of the category of service or medium of transmission sought to be changed to, and shall submit proof of such compliance. (3) The Central Government shall endeavour to process the application made under sub-rule (1) within a period of thirty days, subject to: (a) adherence by the authorised entity with the terms and conditions of authorisation, including eligibility conditions; and (b) requisite clearances from the relevant ministries of the Central Government, as specified. 28. Change in name and logo of television channel. (1) An authorised entity seeking to change the name, logo, or both, of its operational television channel, shall: (a) in respect of the change in name and logo, (i) possess a registered trademark under the Trade Marks Act, 1999 or (ii) a no objection certificate from the registered trade mark owner or, in case of unregistered trade marks, from the person that has been using the relevant trademark in any class for a continuous period of at least one year; and (b) submit an application in such form and manner, accompanied with such information and documents as specified, including proof of compliance with clause (a), along with fees as specified in Schedule 3. (2) The Central Government may, preferably within thirty days of the application made under sub-rule (1), either accept or reject such application. (3) Any rejection of an application under this rule shall be accompanied by reasons recorded in writing. (4) In case of withdrawal of a no objection certificate under clause (a) of sub-rule (3) of rule 5, or under clause (a) of sub-rule (1), during the validity period of authorisation, the authorised entity shall forthwith submit an application for change in logo, in accordance with this rule and the said withdrawal shall be effective only after the approval of change of logo or trademark by the Central Government. Explanation: For rule 28, it is clarified that: (a) if the trademark is rejected by the trademark authority, subsequent to grant of authorisation and the authorised entity has filed an appeal against such rejection, the authorisation shall continue to be valid till such dispute attains finalization. (b) if the status of the trademark application for an authorised logo gets opposed or objected to during the period of authorisation, the same will not affect the renewal, if any, of the said authorisation. 29. Financial Conditions. (1) The annual authorisation fee for the first year shall be paid after issuance of letter of intent under sub-rule (4) of rule 12, within sixty days of its issue. (2) An authorised entity shall make payment of an annual authorisation fee as specified in Schedule 3, at least thirty days prior to the due date for such payment. (3) The annual authorisation fee paid after due date shall attract late fee charges levied at simple interest rate of one per cent for each month of such non-payment. Explanation: (1) Incomplete months shall be considered as one month for the purpose of calculation of late fee. (2) For the purpose of this rule, the due date for succeeding year's annual authorisation fee shall be one year from the date of commencement of operation of the television channel and so on. 30. Reporting requirements in respect of television channel. (1) An authorised entity shall, in such form and manner and along with such supporting documents, as the Central Government may specify, report the following changes, within a period of thirty days therefrom, namely: (a) Change in language of transmission; and (b) Change in formats from Standard Definition (SD) to High Definition (HD), 4K or such other formats. Part B: Television Channel Distribution Service 31. Operation and roll out. (1) Every authorised entity shall: (a) commence its operations within a period of one year from the date of assignment of spectrum and report the same to the Central Government, in such form and manner as may be specified, within fifteen days of such commencement; and (b) ensure that its television channel distribution service is operational for the entire validity period of authorisation; (c) re-transmit only the television channels authorised under these rules; and (d) ensure that all programmes transmitted by it pass though the encryption and conditional access system, located within a satellite earth station in the territory of India. (2) The Central Government may, from time to time, notify the details of the television channels transmitted by entities specified in Schedule 1, to be mandatorily re-transmitted by the authorised entity, in the course of its provision of television channel distribution service, and such entity shall comply with the notifications issued under this rule. (3) In case of non-compliance with the obligations under clause (a) of sub-rule (1), the Central Government may, without prejudice to its rights or any other remedy, including those under Chapter 7 on adjudication and appeals, encash or appropriate the performance bank guarantee or security deposit, as the case may be, submitted by the authorised entity. (4) The customer premises equipment provided by the authorised entity at the user premises shall comply with standards as may be notified by the Bureau of Indian Standards or by the Central Government. 32. Specific conditions applicable to internet protocol television service. (1) The internet protocol television service provider shall: (a) preserve recordings of programmes, including advertisements, for a period of ninety days from the date of their broadcast, and submit such recordings, when so directed, to the Central Government or any agency designated by it for this purpose; (b) inform the Central Government of any suspension, revocation, curtailment, or surrender, of the relevant internet service authorisation or registration as a multi-system operator, as the case may be, in such form and manner as may be specified; (c) re-transmit only the television channels authorised under these rules; (d) comply with such directions or guidelines issued by the Central Government, including the programme code and advertising code, as specified under rule 16; and (e) ensure that the internet protocol service includes digital rights management system providing functionality of conditional access system to prevent piracy of television channels. (2) The Central Government may, from time to time, notify the details of the television channels transmitted by entities specified in Schedule 1, to be mandatorily re-transmitted on internet protocol television service, in the course of its provision of internet protocol television service. 33. Provision of platform service. (1) An authorised entity intending to provide platform services on its broadcasting network shall, subject to the ceiling specified under sub-rule (2), register each such service in the form and manner as may be specified, along with payment of a one-time non-refundable registration fee as specified in Schedule 3. (2) The total number of platform services registered under sub-rule (1) shall not be more than five per cent of the total channel carrying capacity of the broadcasting network of the authorised entity holding authorisation for television channel distribution service. 34. Prohibition of certain activities. An authorised entity shall not: (a) transmit the signal of any television channel not authorised under these rules; (b) enter into any agreement for the exclusive distribution of authorised television channels; and (c) in respect of head-end in the sky service, provide signals of television channels directly from a satellite transmission medium to the user. Explanation: For the purposes of clause © of this rule, it is clarified that signals of a television channel from a satellite transmission medium shall be transmitted to the user only through use of cable network. 35. Financial conditions applicable to direct-to-home service. (1) The authorised entity shall pay an adjusted gross revenue-based annual authorisation fee, as specified in Schedule 3, in four quarterly instalments during each financial year commencing from the first of April, in the following manner: (a) the quarterly instalment in respect of each of the first three quarters of a financial year shall be paid within thirty days of completion of the relevant quarter; and (b) the quarterly instalment for the last quarter shall be paid after adjustments and settlement of accounts for the entire financial year and on the basis of the finalized audited statements of the authorised entity, and such amount shall be duly payable for such quarter by the thirtieth of September of the next financial year. (2) Payments pursuant to sub-rule (1) shall be accompanied with self-certificate and a statement of revenue, in such form and manner as the Central Government may specify. (3) The authorised entity shall submit a reconciliation statement between the figures appearing in the submitted quarterly statement of revenue under sub-rule (2) and those appearing in annual accounts under clause (b) of sub- rule (1), within fifteen days of the date of signing of the audit report. (4) Non-payment of the annual authorisation fee within the time period specified under sub-rule (1), shall attract a late fee levied at a simple interest rate of one per cent for each month of such non-payment. (5) If the amount so determined under sub-rule (3), is found to be lesser than the amount already deposited, the difference may at the request of the authorised entity be adjustable against the annual authorisation fee for the following financial year. 36. Reporting requirement in respect of television channel distribution service. The authorised entity shall furnish, at periodic intervals as may be required by the Central Government, such documents, reports, estimates, returns including annual accounts, details of company's share holding pattern, details of television channels, or details of platform services being carried on the television channel distribution service. 37. Operation and roll out. Part C: Teleport (1) Every authorised entity shall: (a) commence its operations within a period of one year from the date of assignment of spectrum and report the same to the Central Government, in such form and manner as may be specified, within fifteen days of such commencement; and (b) ensure that its teleport is operational for the entire validity period of authorisation. (2) The authorised entity shall ensure that its teleport: (a) only uplinks the signals of a television channel authorised under these rules, and the duration of such uplinking shall be coterminous with the authorisation in respect of the relevant television channel; and (b) ceases to uplink the signal of a television channel pursuant to an order of the Central Government regarding withdrawal, suspension, revocation or cancellation of the relevant authorisation. (3) The authorised entity may provide international turn-around satellite services to foreign television channels or entity, after obtaining registration on the portal and submission of fee specified in Schedule 3, for downlinking the signals of their television channels and further uplinking on the other satellite: Provided that authorised entity shall not distribute such signals in India unless the television channel has been authorised for distribution in India. (4) In case of non-compliance with the obligations under this rule, the Central Government may, without prejudice to its rights or any other remedy, including those under Chapter 7 on adjudication and appeals, encash or appropriate the performance bank guarantee submitted by the authorised entity. 38. Financial Conditions. (1) The annual authorisation fee for the first year shall be paid after issuance of letter of intent under sub-rule (4) of rule 12, within sixty days of its issue. (2) An authorised entity shall make payment of an annual authorisation fee as specified in Schedule 3, at least thirty days prior to the due date for such payment. (3) The annual authorisation fee paid after due date shall attract late fee charges levied at simple interest rate of one per cent for each month of such non-payment. Explanation: (1) Incomplete months shall be considered as one month for the purpose of calculation of late fee. (2) For the purpose of this rule, the due date for succeeding year's annual authorisation fee shall be one year from the date of commencement of operation of the teleport and so on. Part D: Private Radio Service 39. Operation and roll out. (1) Every authorised entity shall: (a) commence its operations within a period of twenty-four months from the date of assignment of spectrum and report the same to the Central Government, in such form and manner as may be specified, within fifteen days of such commencement; and (b) ensure that its service is operational for the entire validity period of authorisation. (c) ensure that its service is not closed down either continuously or intermittently for more than 180 days in any continuous period of 365 days for whatever reason. (d) provide private radio service as a free-to-air service and no charges shall be levied to access such broadcasting; (e) broadcast programmes public interest announcements as may be required by the Central Government or concerned State Government for a maximum of one hour per day interspersed during the day; (f) retain full editorial and operational control over its private radio service, at all times for the entire validity period of authorisation; (g) ensure compliance with the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (11 of 2007), and all applicable guidelines and notifications issued thereunder; and (h) ensure that at least twenty per cent of the total broadcast in a day comprises local content for the adequate promotion of such content. (2) The authorised entity shall fix or modify the 'Channel Identity', which is the brand name of the private radio service, only after prior approval of the Central Government. (3) The authorised entity shall not re-transmit the signals of radio channel of another authorised entity. (4) The restriction under sub-rule (3) shall not apply to re-transmission of signals of radio channel of another authorised entity that is a subsidiary company, holding company, companies with the same management, or companies having more than one inter-connected undertaking. (5) The authorised entity shall not provide the following services: (a) transmission of messages relating to news except unaltered news of Akashwani under rule 41; and (b) services intended for individual users, including radio paging. (6) In case of non-compliance with the obligations under clause (a) of sub-rule (1), the Central Government may, without prejudice to its rights or any other remedy, including those under Chapter 7 on adjudication and appeals, encash or appropriate the security deposit submitted by the authorised entity. (7) The authorised entity shall co-locate its transmission facility in geographical areas where the broadcasting infrastructure of Prasar Bharati is available. 40. Financial conditions. The authorised entity shall pay an annual authorisation fee as specified in Schedule 3, in advance on quarterly basis in four equal instalments during each financial year commencing from the first of April, in the following manner: (a) the quarterly instalment in respect of each quarter of a financial year shall be paid within fifteen days of commencement of that quarter, calculated on the basis of the adjusted gross revenue of the last financial year for which revenue has been determined. (b) The first year's fee shall become payable with effect from the date of commencement of operation of the service or the expiry of the period prescribed in clause (a) of sub-rule (1) of rule 39, whichever is earlier; (c) The authorised entity shall be required to initially pay advance quarterly installments calculated on the basis of the two-point five percent of non-refundable one-time entry fee or one point two five per cent of non-refundable one-time entry fee, as applicable and determined in an auction, till the end of the financial year and even beyond till the determination of the adjusted gross revenue for the first year; (d) After the determination of adjusted gross revenue for the first year, the quarterly installments will be determined on the basis of adjusted gross revenue of last year, for which adjusted gross revenue has been determined; (e) Once the annual authorisation fee for the financial year is determined on the basis of actual adjusted gross revenue and is found to be higher than the specified percentage of non-refundable one-time entry fee, the authorised entity shall pay the balance in one lump sum within a period of thirty days from the date of such determination, and in any case not later than thirtieth of September of the following financial year; (f) From the second year onwards, the authorised entity shall pay advance authorisation fee on the basis of the last year for which adjusted gross revenue has been determined, within fifteen days of each quarter, and balance due of final annual authorisation fee, if any, by thirtieth September of the following financial year. (g) From the first year, any delay on the part of authorised entity to pay quarterly fee, or the balance due of the final authorisation fee, determined on the adjusted gross revenue figure, will attract simple interest one per cent per month for the period of such delay. (h) The delay for the quarterly fee shall be counted from the first date of each quarter if the quarterly fee is not paid within the first fifteen days; (i) The delay for the balance due of the first authorisation fee shall be counted from first October of the following year; and (j) At the end of each financial year, the authorised entity shall submit a statement of adjusted gross revenue as part of its final accounts, in such form and manner as the Central Government may specify. 41. News and current affairs programmes. (1) The authorised entity may, on such terms and conditions as may be mutually agreed with Prasar Bharati, broadcast the unaltered news bulletins of Akashwani. (2) The following categories of broadcast shall be categorised as non-news and may be undertaken by authorised entities: (a) Information relating to sporting events of local nature, including live coverage of the same; (b) Information relating to traffic and weather; (c) Information relating to cultural events and festivals; (d) Information relating to examinations, results, admissions and career counselling; (e) Information relating to employment opportunities; (f) Information relating to civic amenities including announcements on supply of electricity and water, natural calamities and health alerts, as may be specified by the Central Government or State Government, from time to time; and (g) Information relating to such other categories as the Central Government may specify. 42. Reporting requirement in respect of private radio service. The authorised entity shall furnish, at periodic intervals as may be required by the Central Government, such documents, reports, estimates, returns including annual accounts, details of company's share holding patterns or details of services being provided by it. Part E: Community Radio Service 43. Operation and roll out. (1) Every authorised entity shall: (a) commence its operations within a period of one year from the date of assignment of spectrum and report the same to the Central Government, in such form and manner as may be specified, within fifteen days of such commencement; (b) ensure that its community radio service is operational for a minimum duration of two hours per day for the entire validity period of authorisation; (c) provide community radio service as a free-to-air service and no charges shall be levied to access such broadcasting; (d) comply with the specifications in respect of transmitter power, as may be specified by the Central Government, from time to time; (e) not broadcast sponsored programmes, except such programmes in public interest sponsored by the Central Government or State Governments or other organisations; and (f) prominently mention the word "community radio" in its channel identity. (2) Every authorised entity shall, in such form and manner and along with such supporting documents as the Central Government may specify, intimate the change in governing body members or trustee, as the case may be, for obtaining security clearance. (3) If security clearance is denied in respect of any member of the governing body or trustee, as the case may be, the authorised entity shall forthwith remove such person from the governing body. (4) The authorised entity may broadcast advertising and announcements relating to local events, businesses, services and employment opportunities, for a maximum duration of twelve minutes per hour of broadcast. (5) In case of non-compliance with the obligations under clause (a) of sub-rule (1), the Central Government may, without prejudice to its rights or any other remedy, including those under Chapter 7 on adjudication and appeals, encash or appropriate the performance bank guarantee submitted by the authorised entity. 44. Messages in respect of community radio service. (1) Every authorised entity shall: (a) establish an Advisory and Content Committee comprising members of the local community, fifty per cent of which shall be women, for advice on the nature of messages to be broadcast on its community radio; (b) ensure that the messages broadcast on its community radio are of immediate relevance to the local community, covering topics relating to agriculture, health, education, environment, social welfare, culture and development; (c) not broadcast any programme related to the news, except for unaltered news bulletins of Akashwani, which may be translated into a local language or dialect, where necessary; and (d) ensure that the news bulletins of Akashwani referred to under clause is not distorted or edited during such translation. (2) The following categories of broadcast shall be categorised as non-news and may be undertaken by authorised entities: (a) Information relating to sporting events of local nature, including live coverage of the same; (b) Information relating to traffic and weather; (c) Information relating to cultural events and festivals of a local nature; (d) Information relating to examinations, results, admissions and career counselling; (e) Information relating to employment opportunities; (f) Information relating to civic amenities including announcements on supply of electricity and water, natural calamities and health alerts, as may be specified by the Central Government or State Government, from time to time; and (g) Information relating to such other categories as the Central Government may specify. 45. Reporting requirement in respect of community radio service. The authorised entity shall furnish, at periodic intervals as may be required by the Central Government, such documents, reports, estimates, returns including annual accounts or details of community radio service provided by it. CHAPTER 6: TRANSFER OF AUTHORISATION 46. Definitions under this Chapter. For the purposes of this Chapter: (1) "group company" in relation to a company means a company, which is under the same management or has the same promoters as the other company or over which that other company exercises significant influence or control and shall also include an associate company, subsidiary company, holding company or a joint venture company. (2) "significant influence” means control of at least twenty percent of the total paid up share capital or having right to appoint at least one third of the board of directors by way of agreement or otherwise. (3) "lock-in period" means, in relation to: (a) private radio services, a period of three years from the date of commencement of operation of each radio service governed by the authorisation; and (b) television channels and teleports, a period of one year from the date of commencement of operation of the television channel or teleport, as the case may be; (4) "tribunal" shall have the same meaning as is assigned to in section 2(90) of the Companies Act, 2013. 47. Transfer of authorisation. (1) A television channel, teleport, or a private radio service may be transferred, after lock-in period, by an authorised entity to another entity only with the prior approval of the Central Government. (2) Any transfer under sub-rule (1) shall be permitted only under the following situations: (a) merger or demerger or amalgamation is duly approved by the court or tribunal in accordance with the provisions of the Companies Act, 2013 or the Limited Liability Partnership Act, 2008, and the authorised entity files a copy of the order of the court or tribunal sanctioning the said scheme; (b) transfer of business or undertaking in accordance with the provisions of applicable law, and the authorised entity files a copy of the agreement arrangement executed between itself and the transferee entity; (c) transfer within group company, and the company files an undertaking stating that the transfer is within the group companies. (3) The transfer of television channel, teleport or private radio service, as the case may be, shall be subject to the following additional conditions: (a) the new entity is eligible as per the eligibility criteria under these rules, including the net worth requirement and the entity together with its key managerial personnel are security cleared; and (b) the new entity undertakes to comply with all the terms and conditions of authorisation so granted. (4) The authorisation for television channel distribution services shall not be transferable, without prior approval of the Government. (5) The authorisation for news agencies for television and community radio services shall not be transferable. CHAPTER 7: ADJUDICATION AND APPEALS 48. Breach of terms and conditions. (1) The breach of the terms and conditions of authorisation by an authorised entity shall be considered as a breach of section 32 of the Act, and its adjudication and any appeal from such adjudication shall be governed by this Chapter. (2) The categorisation of civil penalties, pursuant to the adjudicatory process, for breach of terms and conditions of authorisation, having regard to the factors listed under sub-section (3) of section 32 of the Act shall be as specified in Schedule 4. 49. Adjudicating Officer. The Central Government may, by an order published in the Official Gazette: (a) appoint any officer of the Central Government not below the rank of Joint Secretary as one or more Adjudicating Officers for holding an inquiry under Chapter VIII of the Act; and (b) if more than one Adjudicating Officers are appointed, specify the matters and places with respect to which such officers shall exercise their jurisdiction. 50. Designated Appeals Committee. The Central Government may, by an order published in the Official Gazette: (a) appoint officers of the Central Government not below the rank of Additional Secretary as members of one or more Designated Appeals Committee to which an appeal may be preferred against an order made by the Adjudicating Officer; and (b) if there is more than one Designated Appeals Committee, specify the matters and places with respect to which such committees shall exercise their jurisdiction. 51. Inquiry by Adjudicating Officer. (1) The Adjudicating Officer may, for the purpose of adjudicating any breach of terms and conditions of authorisation by any person under section 32 of the Act, issue notice to such person, specifying the alleged breach and applicable provisions of the Act and rules made thereunder, and require him to show cause, within such period as may be specified therein, as to why an inquiry should not be held against him. (2) The Adjudicating Officer may, for the purpose of adjudicating any contravention by any person under section 33 of the Act, either, suo motu, or upon a prima facie assessment of a complaint, issue notice to such person, specifying the alleged contravention and applicable provisions of the Act and rules made thereunder, and require him to show cause, within such period as may be specified therein, as to why an inquiry should not be held against him. (3) The complaint referred under sub-rule (2) shall be made in such form and manner as the Central Government may specify, accompanied by fees of five thousand rupees, identity proof of the complainant issued by the Central Government or State Government, and relevant documents or records or any other evidence in support of the alleged contravention: Provided that any complaint filed without the fees as specified herein or the requisite identity proof of the complainant or supporting documents or records or evidence of the alleged contravention, shall not be considered by the Adjudicating Officer. (4) The person to whom a notice under sub-rules (1) or (2) is issued shall, within the period specified in such notice, submit a written response to the Adjudicating Officer or seek an extension of such period with reasons thereof: Provided that the Adjudicating Officer may, after considering the written request for extension, extend the time for submission of response by a period not exceeding fifteen days. (5) The Adjudicating Officer shall, on assessment of the evidence and written response, if any, from the person to whom notice is issued under sub-rules (1) or (2), determines that there are insufficient grounds to proceed with an inquiry under sections 32 or 33 of the Act, such officer may, with reasons to be recorded in writing, close the proceedings. (6) If the Adjudicating Officer, on assessment of the evidence and written response, if any, from the person to whom notice is issued under sub-rules (1) or (2), determines that there are sufficient grounds to proceed with inquiry under sections 32 or 33 of the Act, such officer may issue a notice to the person alleged to have committed the breach or contravention, specifying the date for hearing such person. (7) On the date fixed for hearing under sub-rule (6) or any other day to which such hearing may be adjourned, such person shall, either by itself or through its authorised representative, present its case and produce documents and evidence relevant to the subject matter of the inquiry. (8) Any inquiry by the Adjudicating Officer shall be dealt with by him as expeditiously as possible and endeavour shall be made by him to conclude the inquiry and pass an order within six months from the date of issuance of notice under sub-rule (6): Provided that where an order could not be passed within the period specified in sub-rule (8), the Adjudicating Officer shall record, in writing, the reasons for not passing such order within that period. 52. Orders of Adjudicating Officer. (1) On completion of the inquiry and after giving the person concerned an opportunity of being heard, the Adjudicating Officer shall, for reasons to be recorded in writing, pass an order under clause (a) of sub-section (1) of section 32 or sub-section (1) of section 33 of the Act: Provided that where the person to whom the notice for hearing is issued, fails to appear for the hearing, the Adjudicating Officer may pass an order ex parte. (2) Every order made by the Adjudicating Officer shall also consider the voluntary undertaking, if any, submitted under sub-section (4) of section 34 of the Act. 53. Non-compliance with voluntary undertaking. (1) If an Adjudicating Officer has reasonable grounds to believe that an authorised entity has failed to comply with the terms and conditions of a voluntary undertaking accepted under section 34 of the Act, he shall issue a notice to such authorised entity, specifying the alleged non-compliance and provide an opportunity to such entity to show cause as to why civil penalties under sub-section (8) of section 34 of the Act should not be imposed. (2) The authorised entity shall respond to a notice under sub-rule (1), within such period as may be specified therein. (3) If the Adjudicating Officer, based on his assessment of the facts and response submitted under sub-rule (2), if any, finds non-compliance with the voluntary undertaking, he shall pass an order with reasons to be recorded in writing, which may impose civil penalties specified under the Second Schedule or the Third Schedule to the Act, as applicable. 54. Appeal to Designated Appeals Committee. (1) Any person aggrieved by an order of the Adjudicating Officer under rules 52 or 53, may prefer an appeal in such form and manner as the Central Government may specify, accompanied by a fee of ten thousand rupees, within a period of thirty days from the date of receipt of such order, along with a copy of the order against which the appeal is preferred. (2) On receipt of an appeal under sub-rule (1), the Designated Appeals Committee may, after giving the parties to the appeal, an opportunity of being heard, pass such orders as it thinks fit, confirming, modifying or setting aside the order appealed against. (3) The Designated Appeals Committee shall deal with appeals filed before it as expeditiously as possible and endeavour to dispose of the appeal within six months from the date of filing of its appeal: Provided that where any appeal could not be disposed of within the period specified under sub-rule (3), the Designated Appeals Committee shall record, in writing, the reasons for not disposing of such appeal within that period. 55. Proceedings before Adjudicating Officer and Designated Appeals Committee The Adjudicating Officer and the Designated Appeals Committee are vested with the powers of a civil court under the Code of Civil Procedure, 1908 including: (a) the power to summon and enforce the attendance of any person and examining such person on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) inspecting any data, book, document, register, books of account or any other document; (e) requisitioning any public record or copies thereof from any court or office; (f) issuing interim orders; and (g) imposing costs having regard to the facts and circumstances of the case. 56. Service of notices and publication of orders. (1) A notice issued under these rules shall be served on any person in any of the following manner, namely: (a) by delivering or tendering the notice to that person or his duly authorised representative through email correspondence; or (b) by sending the notice by registered post with acknowledgment due to the address of his place of residence, or his last known place of residence, or the place where he carried on or last carried on business or personally works or last worked for gain; or (c) by affixing it on the outer door or some other conspicuous part of the premises in which the person resides, or is known to have last resided, or carried on business or personally works or last worked for gain and that written report thereof shall be witnessed by two persons; or (d) if the notice cannot be served under clauses (a), (b) or (c), by publishing in a leading newspaper, both in vernacular and in English, having wide circulation of area or jurisdiction in which the person resides, or is known to have last resided or carried on business or personally works or last worked for gain; and (e) by publishing electronically on the portal. (2) Any order issued by an Adjudicating Officer or by the Designated Appeals Committee, shall state the reasons therefor, be digitally signed, and be published as specified in clause © of sub-rule (1). 57. Recovery of dues. Without prejudice to other modes of recovery, any amount due under these rules shall, if not paid, be recovered as an arrear of land revenue. CHAPTER 8: MISCELLANEOUS 58. Surrender of authorisation. (1) An authorised entity seeking to surrender an authorisation granted under these rules shall submit an application, in such form and manner as the Central Government may specify, at least sixty days prior to the proposed date of surrender. (2) The authorised entity shall: (a) along with the application for surrender under sub-rule (1), submit proof of payment of all pending amounts, including fees, which are due and payable under the Act and these rules, as on the date of making such application; and (b) provide advance notice of such surrender, at least sixty days prior to the proposed date of surrender, to all concerned and affected parties, including to users of the broadcasting service and any other authorised entity being provided with broadcasting services, broadcasting network, or broadcasting equipment, by such authorised entity. (3) The Central Government shall either accept or reject the application under sub-rule (1), and any such rejection shall be accompanied by reasons to be recorded in writing. (4) Upon acceptance of the application for surrender under sub-rule (3), the Central Government shall return the security deposit, subject to adjustment of outstanding dues, if any. (5) The details relating to surrender of an authorisation by the authorised entity shall be made available on the portal by the Central Government and the same shall be made public by such authorised entity, within forty-eight hours of being made available on the portal. 59. Actions on recommendations under section 32 of the Act. (1) Pursuant to recommendations under clause (b) of sub-section (1) of section 32 of the Act, the Central Government may, subject to providing an opportunity of hearing to the relevant authorised entity, pass an order of suspension, revocation or curtailment of an authorisation under sub-section (2) of section 32 of the Act. (2) Any such order passed under sub-rule (1) shall be published by the Central Government on the portal and be effective from the sixty-first day from the date of such order. (3) The authorised entity shall, within forty-eight hours of the order, make public and give notice of at least thirty days to all its users, as well as to other authorised entities to which broadcasting services or networks are being provided under these rules. (4) The authorised entity shall not be entitled to refund of any fees or charges paid in respect of, or under an authorisation, if such authorisation is suspended, curtailed or revoked, except for security deposit, which shall be returned subject to adjustment of outstanding dues, if any: Provided that no authorisation fee shall be payable for the period for which the authorisation remains suspended in whole. (5) The Central Government may reverse the suspension, curtailment or revocation of authorisation under sub-section (2) of section 32 of the Act, if the substantial violation is remedied by the authorised entity, to the satisfaction of the Central Government. (6) Any suspension of authorisation under the Act shall not be a cause or ground for extension of the validity period the authorisation. 60. Revocation of authorisation. (1) The Central Government may, without prejudice to any other remedy available to it, by an order, revoke an authorisation in the following manner, namely: (a) If, at any stage, it is found that any of the representations, submissions or documents that had been provided by an authorised entity during the processing of an application, were false; or (b) If an authorised entity is directed to be placed into liquidation or is ordered to be wound up. (2) The Central Government shall, upon occurrence of a circumstance stipulated in clause (a) of sub-rule (1), issue a show cause notice regarding revocation, specifying a period of up to twenty-one days to reply to the same. (3) The Central Government may, after due consideration of the reply to the show cause notice issued under sub-rule (2), if any, and the material on record, by order, revoke the authorisation of such entity. (4) Any order of revocation of an authorisation issued— (a) under sub-rule (3); or (b) in respect of the circumstance under clause (b) of sub-rule (1), shall be published by the Central Government on the portal and be effective from the sixty-first day from the date of such order. 61. Provision of broadcasting services through Prasar Bharati. (1) The following bodies seeking to provide broadcasting services shall do so only through Prasar Bharati, except in the case of community radio service, which may be provided after obtaining authorisation from the Central Government: (a) the Central Government; (b) the State Government; (c) local authority; or (d) any authority, body, company or institution incorporated or established by the bodies specified under clauses (a) to (c) or under any statute. 62. Powers of Central Government. (1) The Central Government may, for the purposes of giving effect to these rules, issue directions or guidelines not inconsistent with the Act or these rules. (2) The Central Government may, by notification in the Official Gazette, amend the Schedules to these rules. SCHEDULE 1 (See rules 3(3) and 31(2)) The entities exempt from the requirement of authorisation under these rules are as follows: (a) Parliament of India; and (b) Prasar Bharati (Broadcasting Corporation of India), established under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (25 of 1990). SCHEDULE 2 (See rules 5(2), 6(4), 7(1) and 9(2)) MINIMUM NET WORTH REQUIREMENT +----+---------------------------------------+------------------------+ | Sl. | Type of authorisation | Net-worth requirement | | No.| | (In ₹ Crore) | +====+=======================================+========================+ | 1. | Television channel | | | | (a) For the first non-news channel | 5 | | | (b) For each additional non-news channel| 2.5 | | | (c) For the first news channel | 20 | | | (d) For each additional news channel | 5 | +----+---------------------------------------+------------------------+ | 2. | Television channel distribution service | | | | (a) Direct-to-home service | 10 | | | (b) Head-end in the sky service | 10 | +----+---------------------------------------+------------------------+ | 3. | Teleport | | | | (a) For the first teleport | 3 | | | (b) For each additional teleport | 1 | +----+---------------------------------------+------------------------+ | 4. | News agency for television | Nil | +----+---------------------------------------+------------------------+ | 5. | Private Radio service (net worth | | | | required for one region) | | | | (a) A+ and A category cities comprising | 3 | | | of population above 20 lakhs | | | | (b) 'B' category cities comprising of | 2 | | | population between 10 lakhs and 20 | | | | lakhs | | | | (c) 'C' category city comprising of | 1 | | | population between 3 lakhs and 10 | | | | lakhs | | | | (d) 'D' category city comprising of | 0.50 | | | population between 1 lakh and 3 lakh | | | | and cities with population up to 1 | | | | lakh | | | | (e) All categories of cities in all | 10 | | | regions | | +----+---------------------------------------+------------------------+ | 6. | Community radio service | Nil | +----+---------------------------------------+------------------------+ Explanation: In respect of Sl. No. 5 above, the following shall apply: (1) "region" shall comprise the following: (a) North Region, comprising the States of Punjab, Himachal Pradesh, Haryana, Rajasthan, Uttar Pradesh, Uttarakhand, and the Union Territories of Jammu & Kashmir, Ladakh, Delhi, Chandigarh; (b) East Region, comprising the States of Arunachal Pradesh, Assam, Bihar, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Sikkim, Tripura, West Bengal, and the Union Territory of Andaman and Nicobar Islands; (c) South Region, comprising the States of Andhra Pradesh, Telangana, Karnataka, Keralam, Tamil Nadu, and the Union Territories of Puducherry, Lakshadweep; and (d) West Region, comprising the States of Chhattisgarh, Goa, Gujarat, Madhya Pradesh, Maharashtra, and the Union Territories of Daman and Diu, and Dadra and Nagar Haveli. (2) For two or more cities within the same region, the net worth corresponding to the highest category of city in that region shall be required. For two or more cities located in two or more distinct regions, the net worth requirement shall be the sum of the required net worth of the highest category of cities in each region. However, maximum net worth required shall not exceed rupees ten crore. Illustration: - +-----+----------------+----------------------------------------+------------------------------------------+ | Sl. | Regions | Cities | Net worth required | | No. | | | | +=====+================+========================================+==========================================+ | 1. | Single region | The two cities comprising 'A+' Category| Net worth requirement shall be ₹3 crore | | | | and 'C' category | corresponding to A+ city. | +-----+----------------+----------------------------------------+------------------------------------------+ | 2. | Two distinct | (a) 'B' category and 'C' category cities | Net worth requirement shall be sum of net | | | regions | in 1st region; | worth required for 'B', and 'C' category | | | | (b) 'C' category city in 2nd region | cities i.e. 2 crore + ₹1 crore=₹3 crore. | +-----+----------------+----------------------------------------+------------------------------------------+ | 3. | Three distinct | (a) 'A' category and 'B' category cities in| Net worth requirement shall be sum of net | | | regions | 1st region | worth required for 'A', 'B', and 'C' category | | | | (b) 'B' Category, 'C' category and 'D' | cities i.e. ₹3 crore+ ₹2 crore + ₹1 crore= | | | | category cities in 2nd region | 6 crore. | | | | (c) Two 'C' category cities | | +-----+----------------+----------------------------------------+------------------------------------------+ | 4. | Four distinct | (a) 'A' category city in 1st region; | Net worth shall be ₹3 crore+ ₹3 crore + ₹2 | | | regions | (b) 'A+' category city in 2nd region; | crore + ₹3 crore= Rs 11 crore; However, | | | | (c) 'B' category city in 3rd region; | due to ceiling of 10 crore, net worth | | | | (d) 'A' category city in 4th region; | requirement shall be ₹10 crore. | +-----+----------------+----------------------------------------+------------------------------------------+ SCHEDULE 3 (See rules 11(1), 12(4), 14(1), 20(1), 20(2), 24(2), 24(7), 27(1), 28(1), 29(2), 33(1), 35(1), 38(2) and 40) FEES A. Television channel +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | (a) For new authorisation, or renewal thereof, or change | | | | in category, or medium of transmission of a television | | | | channel: ₹10,000/-. | | | | (b) For change of teleport for a television channel: | | | | ₹10,000/- | | | | (c) For migration: Nil | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Performance bank guarantee | ₹2,00,00,000/- per news channel, for a period of two | | | | years from the effective date of authorisation, which | | | | shall be refunded to the authorised entity upon | | | | commencement of operation of the channel as specified in | | | | the scope of its authorisation. | | | | ₹1,00,00,000/- per non-news channel, for a period of | | | | two years from the effective date of authorisation, which| | | | shall be refunded to the authorised entity upon | | | | commencement of operation of the channel as specified in | | | | the scope of its authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 3. | Annual authorisation fee | Television channel broadcasting through terrestrial | | | | transmission medium: ₹7,00,000/- per television channel | | | | Uplinking of television channel: ₹2,00,000/- per | | | | television channel | | | | Uplinked from India: ₹5,00,000/- per television channel | | | | Downlinking of television channel: Uplinked from outside | | | | India: ₹15,00,000/- per television channel | +--------+------------------------------------------------------+----------------------------------------------------------+ | 4. | Registration fee (one-time) in respect of a television| ₹10,00,000/-, in addition to the annual authorisation | | | channel not originating from the territory of India | fee. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 5. | Security deposit | Two times the amount specified in respect of annual | | | | authorisation fee, for the corresponding activity | | | | undertaken, to be maintained, in such manner as the | | | | Central Government may specify, for the entire validity | | | | period of authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 6. | Other fees | (a) For change in name and logo of a television channel: | | | | ₹1,00,000/- | | | | (b) For live broadcast of an event by non-news channel: | | | | o national channel: ₹1,00,000/- per television channel | | | | per day; | | | | o regional channel: ₹50,000/- per television channel | | | | per day; | | | | o devotional channel: no fee | +--------+------------------------------------------------------+----------------------------------------------------------+ Explanation: For the purposes of this Schedule: (a) "national channel" shall mean a television channel other than a regional channel; (b) "regional channel” shall mean a television channel which broadcasts in an Indian language, other than English or Hindi; and (c) "devotional channel" shall mean any non-news channel recognized by the Central Government, based on an assessment of whether such channel predominantly broadcasts devotional, spiritual, or yoga-related content. B. Direct-to-Home Service +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | (a) For new authorisation, or renewal thereof | | | | ₹10,000/- | | | | (b) For migration: Nil | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Entry fee (non-refundable, one-time) | ₹10,00,00,000/- | +--------+------------------------------------------------------+----------------------------------------------------------+ | 3. | Annual authorisation fee | 8 percent of adjusted gross revenue or ten percent of | | | | entry fee, whichever is higher. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 4. | Security deposit | ₹5,00,00,000/- or the estimated authorisation Fee | | | | equivalent to two quarters and other dues not otherwise | | | | securitised, whichever is higher, maintained in the form | | | | of a bank guarantee, for the entire validity period of | | | | authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ C. Head-end in the sky Service +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | (a) For new authorisation, or renewal thereof: | | | | ₹10,000/- | | | | (b) For migration: Nil | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Entry fee (non-refundable, one-time) | ₹10,00,00,000/- | +--------+------------------------------------------------------+----------------------------------------------------------+ | 3. | Performance bank guarantee | ₹5,00,00,000/-, maintained for a period of two years from| | | | the effective date of authorisation, which shall be | | | | refunded to the authorised entity upon commencement of | | | | operation of the head-end in the sky service as | | | | specified in the scope of its authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ D. Teleport +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | (a) For new authorisation, or renewal thereof: | | | | ₹10,000/- | | | | (b) for international television turnaround service: | | | | ₹10,000/- per television channel | | | | (c) For migration: Nil | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Performance bank guarantee | ₹25,00,000/- per teleport per satellite, for a period of | | | | two years from the effective date of authorisation, which| | | | shall be refunded to the authorised entity upon | | | | commencement of operation of the teleport as specified | | | | in the scope of its authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 3. | Annual authorisation fee | ₹2,00,000/- per teleport per satellite | +--------+------------------------------------------------------+----------------------------------------------------------+ | 4. | Security deposit | ₹4,00,000/- per teleport per satellite, maintained in | | | | such manner as the Central Government may specify, for | | | | the entire validity period of authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 5. | Fee for uplinking of live event by foreign television| ₹1,00,000/- per day | | | channel or entity | | +--------+------------------------------------------------------+----------------------------------------------------------+ E. News Agency for Television +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | (a) For new authorisation, or renewal thereof: | | | | ₹10,000/- | | | | (b) For migration: Nil | +--------+------------------------------------------------------+----------------------------------------------------------+ F. Private Radio Service +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | For new authorisation: ₹50,000/- | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Non-refundable one-time entry fee | As determined in an auction conducted pursuant to a | | | | notice inviting application. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 3. | Annual authorisation fee | (a) 4 percent of adjusted gross revenue except for cities| | | | in the following States and Union Territories: | | | | • Jammu and Kashmir; | | | | • Ladakh; | | | | • Arunachal Pradesh; | | | | • Assam; | | | | • Manipur; | | | | • Meghalaya; | | | | • Mizoram; | | | | • Nagaland; | | | | • Sikkim; | | | | • Tripura; | | | | • Andaman and Nicobar Islands; and | | | | • Lakshadweep | | | | (b) In respect of the cities in the States and Union | | | | Territories listed at (a) above, the annual | | | | authorisation fee shall be 2 percent of adjusted gross | | | | revenue, for an initial period of three years from the | | | | effective date of authorisation, and 4 percent of | | | | adjusted gross revenue, thereafter. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 4. | Security deposit | (a) 2.5 percent of non-refundable one-time entry fee, | | | | maintained in such manner as the Central Government may | | | | specify, for a duration of one year from the effective | | | | date of authorisation except for cities in the following | | | | States and Union Territories: | | | | • Jammu and Kashmir; | | | | • Ladakh; | | | | • Arunachal Pradesh; | | | | • Assam; | | | | • Manipur; | | | | • Meghalaya; | | | | • Mizoram; | | | | • Nagaland; | | | | • Sikkim; | | | | • Tripura; | | | | • Andaman and Nicobar Islands; and | | | | • Lakshadweep | | | | (b) 1.25 percent of non-refundable one-time entry fee, | | | | maintained in such manner as the Central Government may | | | | specify, for a duration of one year from the effective | | | | date of authorisation in respect of the cities in the | | | | States and Union Territories listed at (a) above. | | | | (c) For each year after one year from the effective date | | | | of authorisation, the amount equivalent to the annual | | | | authorisation fee for that year, maintained in such | | | | manner as the Central Government may specify. | +--------+------------------------------------------------------+----------------------------------------------------------+ G. Community Radio Service +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Application processing fee (non-refundable) | (a) For new authorisation, or renewal thereof: ₹2,500/- | | | | (b) For migration: Nil | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Performance bank guarantee | ₹25,000/-, maintained for a period of two years from the | | | | effective date of authorisation, which shall be refunded | | | | to the authorised entity upon commencement of operation | | | | of the community radio service specified in the scope of | | | | its authorisation. | +--------+------------------------------------------------------+----------------------------------------------------------+ H. Other Fees +--------+------------------------------------------------------+----------------------------------------------------------+ | Sl. No.| Particulars | Applicable Fees | +========+======================================================+==========================================================+ | 1. | Processing fee for purchase of DSNG (non-refundable) | ₹10,000/- per DSNG | +--------+------------------------------------------------------+----------------------------------------------------------+ | 2. | Performance bank guarantee for purchase of DSNG | ₹10,00,000/- maintained for a period of one year from the| | | | effective date of authorisation, which shall be refunded | | | | to the authorised entity upon commencement of operation | | | | of the DSNG. | +--------+------------------------------------------------------+----------------------------------------------------------+ | 3. | Registration fee for platform service (non-refundable,| ₹10,000/- per platform service. | | | one-time) | | +--------+------------------------------------------------------+----------------------------------------------------------+ SCHEDULE 4 (See rules 48(2)) THE CATEGORISATION OF CIVIL PENALTIES FOR BREACH OF TERMS AND CONDITIONS OF AUTHORISATION +--------+------------------------------------------------------+-------------+------------+-----------------------+ | Sl. No.| Breach of Terms and Conditions | Categorisation for civil penalty | | | | 1st time | 2nd time | 3rd time or more | +========+======================================================+=============+============+=======================+ | 1 | Delay in intimation of any change in shareholding, | Non-severe | Minor | Moderate | | | partnership, or foreign direct investment (refer rule| | | | | | 22(1)(a)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 2. | Appointment of key managerial personnel without | Non-severe | Minor | Moderate | | | prior approval (refer rule 19(2)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 3 | Non-removal of key managerial personnel who has | Minor | Moderate | Major | | | been denied security clearance (refer rule 19(1)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 4 | Displaying the name and logo on the television | Minor | Moderate | Major | | | channel, not specified in authorisation of that | | | | | | television channel (refer rule 26(1)(d) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 5 | In respect of television channel, for being non- | Non-severe | Minor | Moderate | | | operational for more than sixty (but less than ninety| | | | | | days), without intimation (refer rule 26(3)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 6 | Telecast of a Live event by a non-news channel | Non-severe | Minor | Moderate | | | without registration. (refer rule 24(6)(a)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 7 | Use of DSNG, for uplinking a Live event of foreign | Non-severe | Minor | Moderate | | | channel or entity, without registration by the | | | | | | authorised entity. (refer rule 24(6)(b)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 8 | Unauthorized use of DSNG terminal beyond the scope | Minor | Moderate | Major | | | of its approval (refer rule 24(4)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 9 | Uplinking of a non-authorised or suspended or | Minor | Moderate | Major | | | cancelled television channel by a Teleport Operator | | | | | | (refer rule 37(2)(a)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 10 | Provisioning of international turn around satellite | Minor | Moderate | Major | | | services to foreign television channels or entity, | | | | | | without obtaining registration (refer rule 37(3)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 11 | Carrying or including in its direct-to-home or head-end | Minor | Moderate | Major | | | in the sky or internet protocol service any television| | | | | | channel that has not been authorised by the Central | | | | | | Government. (refer rule 31(1)(c) and 32(2)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 12 | Transfer of an authorisation for a television channel,| Minor | Moderate | Major | | | teleport or private radio service without prior | | | | | | approval (refer rule 47(1)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 13 | Offering platform services without registration. | Non-severe | Minor | Moderate | | | (refer rule 33(1)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 14 | Offering more than the prescribed number of platform | Non-severe | Minor | Moderate | | | services. (refer rule 33(2)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 15 | Fixing or modifying ‘channel identity' of private | Minor | Moderate | Major | | | radio service without approval (refer rule 39(2)) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ | 16 | Non-submission of annual accounts or Statement of | Non-Severe | Minor | Major | | | gross revenue (refer rule 35 and rule 40) | | | | +--------+------------------------------------------------------+-------------+------------+-----------------------+ [F. No. 2/1/2025-BP&L] PRABHAT, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. Digitally signed by RAVINDER RAVINDER KUMAR KUMAR Date: 2026.09.03 18:16:10 +05'30'

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