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MIB issues operational guidelines for DTH Broadcasting Services

MIB issues operational guidelines for DTH Broadcasting Services
The Ministry of Information & Broadcasting has issued operational guidelines for Direct-To-Home (DTH) Broadcasting Services in India vide order dated 16 September 2022. The Government of India had notified the Guidelines for obtaining License for providing Direct-To-Home (DTH) Broadcasting Services in India vide order dated 15.03.2001 and these guidelines were further amended vide order dated 30.12.2020.
The operational guidelines in respect of License Fee, Platform Service Channels and Sharing of Infrastructure by DTH operations, along with the amendments dated 30.12.2020 will supersede the guidelines issued on 15.03.2001.
1. Payment of License Fee
1.1. Licensee shall pay annual fee equivalent to 8% of its Adjusted Gross Revenue calculated by excluding GST from Gross Revenue (GR) as reflected in the audited accounts of the Company for that particular financial year.
1.2. Minimum annual license fee shall be subject to 10% of Entry Fee
1.3. License Fee to be paid on quarterly basis. The first payment of license fee for the previous quarter shall be made on the basis of provisional account for the quarter within one month of the end of a particular quarter. The annual settlement of the License Fee shall be done at the end of the financial year.
1.4.payment of license fee for the 4th quarter shall be made after adjustments and settlements of accounts for the whole year and on the basis of the finalized audited statement of the entity and latest by 30th September succeeding the financial year.
1.5.The licensor will have the right to modify the license fee as a fixed percentage of AGR during the validity of license period.
2. Platform Service Channels
2.1. The Platform Services (PS) are programs transmitted by Distribution platform Operators (DPOs) exclusively to their own subscribers and does not include Doordarshan channels and registered TV channels. PS shall not include foreign TV channels that are not registered in lndia.
2.2.The programme transmitted by the DTH operator as a platform service shall be exclusive and the same shall not be permitted to be shared directly or indirectly with any other Distribution Platform Operator (DPO).
2.3.ln case the same programme is found available on the PS of any other DPO, MIB may issue direction to immediately stop the transmission of such programme. MIB also reserves the right for cancellation of registration of such PS of the DTH operator
2.4.Total number of permitted PS for a DTH operator shall be capped to 5% of the total channel carrying capacity of the DTH operator platform.
2.5.A onetime non-refundable registration fee of ₹10,000 per PS channel shall be charged from a DTH operator
2.6.The DTH operators shall provide an option of activation/deactivation of platform services as prescribed in the orders/directions/regulations issued by TRAI from time to time
2.7.The platform services channels shall be categorized under the genre 'Platform Services' in the Electronic Programmable Guide (EPG) subject to orders/directions/regulations issued by TRAI from time-to-time
2.8.The respective maximum retail price (MRP) of the platform service shall be displayed in the EPG against each platform service subject to orders/directions/regulations issued by TRAI from time-to-time.
2.9.A provision for putting a caption as 'Platform Services' shall be required to distinguish the platform services from the linear channels.
2.10.A DTH operator, who wants to operate Platform Service Channel, is required to furnish an application for the same in the prescribed proforma as per FORM-E