Home Cable intervention and Stay vacation application in 10+2 AdCap matter

7/23/2019 Home Cable intervention and Stay vacation application in 10+2 AdCap matter

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BEFORE T: ;E HIGH COURT OF

DELHI AT

NEW DELHr .

EXTRA-ORDINARY

CIVIL JURISDICTION)

WRIT

PETITION (CIVIL.) NO.

7982 OF

2013

dN

THE

MATTER OF:

9X

MEDIA

PVT LTD & ORS. . .

PETITIONERS

VERSVS

TELECOM REGlJLATORY AUTHORITY OF INDIA

...

RESPONDENTS

AND

IN

THE MATTER

OF:

Home Cable Network

(P) Limited,

...

APPLICANT

INDEX

s ~ ~ - - . --.--. . ~ P a r t i c l J i a r s - Pg.

_No.

(_o..,wd

F ~ · - - ~ , - - - -

A

no.

1 Notice of Motion

2 - Urgent App'lication · -

3

Application--under

sec.151 CPC

an-d-. - r - t i - c l _ e _ 2 _ 2 _ 6 ~ - - . 2 - l - - i

of Constitution

of

India along with supporting

.::;

affidavit and board resolution in favour os

signatory

____

_

4.

ANNEXURE A 1 COLLY]

A true copy

of

the Down-linking Guidelines and

1..22 4r

t---------+--A

PP l i c a t l o ~ F o ~ ~

alo Qg_Y.Yith Form

A _ · 1 ~ ~ - - ~ - -

5.

ANNEXURE A-2

The relevant part of the TRAI report dated

J49

-5

21.07.2010

1 - - - - - - - - - - - A N N E X · U - ~ R - E - A - - 3

6.

7.

8

9

I

•

Email dated 06.08.2015 sent to TRAI,MIB

&

PMO

ANNEXURE A-4

52

Compilation of TRAI Reports and Pay

TV

Rates

5:. -l

3

charged with date

of

permission Granted by MIB

o-

to the 11 Broadcaster Cotl 1panies that are in

continued violations · · . . .

.

ANNEXURE A-5 .... ,

Representation dated 8.12.2015 sent to TRAI & · ·

MIB by Speed Post and E-mail

Exemption Application along with affidavit

~ ~ ~

.- . 7 1

j J ~

IS

ADVOCATE FOR APPLICANT

VI

v

t<

...s q;Ul_;

VIVEKSARIN

Advocate

131,

New Lawyers

Chambers,

Supreme Court of

India,

New

Delhi-11 0 001.

New

Delhi

DatedJk-12.2015



BEFORE THE HIGH COURT OF DELHI T NEW DELHI

EXTRA-ORDINARY CIVIL JURISDICTION)

WRIT

PETITION CIVIL) NO. 7982 OF 2013

IN THE MATTER OF:

• ; ; e

9X MEDIA PVT. LTD ORS.

. . PE;TITIONERS

Vt:RSWS

TELECOM

R ~ G U L T O R Y

AUTHORITY OF INDIA

AND

IN

~ H E M ~ T T E R

OF:

•

Home Cable Network P) Limited,

Unit

30

Block

3

Tribhuvan Complex, Mathura Road,

New Delhi-110065

... RESPONDENTS

NOTICE OF MOTION

Sir,

The enclosed Application in the aforesaid matte as being filed

on behalf of the Applicants and is likely to be listed on

2 .12.2015 or any date thereafter. Please take notice

accordingly.

New Delhi

Dated:

22..·12.2015

ADVOCATE FOR INTEVENER/APPLICANT

f ] v ~ ~

VIVEKS RIN

Advocate

131, New Lawyers Chambers,

Supreme Court of India, New

D e l ~ i 1 1

0 001.



BEFORE THE HIGH COURT OF DELHI T NEW DELHI

(EXTRA-ORDINARY CIVIL JURISDICTION)

C.M. NO. OF 2015

IN

\IVRIT PETITION (CIVIL) NO.

7982

OF

2 13

IN

THE M TTER OF:

9X MEDIA PVT. LTD ORS.

PETITIONERS

I

VERSUS

TELECOM

R E G ~ J L A T O R Y AUTHORITY OF INDIA

... Rt=SPONDENTS

AND

IN

THE M TTER OF:

.._.. . . .. ~ ~

klome Cable Network (P) Limited,

Unit

30, Block

3

Tribhuvan Complex, Mathura Road,

New Delhi-11 0065

The Deputy Registrar,

High Court of Delhi,

New Delhi.

Sir,

2

lWill you kindly treat the accompanying application one in

accordance with the High Court Rules and orders. The Ground

of

urgency is the Applicant and similarly placed operators

including 149. million consumers may suf fer irreparably.

Urgent directions are prayed.

•

New Delhi

Dated: 22.12.2015

ADVOCATE FOR INTEVENER/APPLICANT

1 J

eJ __g

VIVEK SARIN .

Advocate

131, New Lawyers Chambers,

Supreme Court of India, New Delhi-11 0 001.



BEFORE THE HIGH COURT OF DELHI

AT

NEW DELHI

(EXTRA-ORDINARY CIVIL JURISDICTIQN)

C.M. NO. OF 2015

l

IN

WRiT PETITION (CIVIL) NO. 7982 OF 2013

IN

THE MATTER OF:

~ ' ' \

')

9X MEDIA PVT. L

TO

ORS.

... PETITIONERS

VERSUS

TELECOM REGULATORY AUTHORITY

OF

INDIA

AND

IN THE MATTER OF:

Home Cable Network (P) L i m i t ~ d

Un.it 30

Block

3

Tribhuvan Cbmplex, Mathura Road,

New Delhi-11 0065

... RESPONDENTS

APPLICATION ON BEHALF OF INTERVENER..,.. HOME

CABLE

NETWORK (P) LIMITED UNDER SECTION

5

C.P.C. READ WITH ARTICLE 226 OF THE

CONSTITUTION OF INDIA SEEKING MODIFICATION

AND VACATION OF ORDER DATED 17.12.2013.

MOST RESPECTFULLY SHOWETH:

1.

That the present petition has been filed challenging the

validity of the Standard of Quality of Services Regulation 2012

and the subsequent amendment of 2013. By the said

Regulation, the Respondent, TRAI sought to enforce the

provision of Rule 7(11) of CTN Rules 1994 made by the

Central Government under Section 22 of the CTNR Act, 1995.

2.

That the Petitioner mislead this Hon'b le Court ,by

suppressing the material facts and information thereby played

fraud to obtain the protection order dated 17.12.2013,

whereby this Hon'ble Court has restrained the TRAI from



~ j ~

Lt

taking any coercive measure till the disposal of the writ

petition. r.lowever, it was directed that the Petittoners will

furnish weekly report of the duration of advertisements during

clock hour. The said Protecti9n order dated 17.12.2013 was

extended from time to time on the request of the Petitioner on

01.5.2015, 15.07.2014, 25.9.2014, 2.1.2015, 24.3.2015,

23. 7.2015, 8.9.2015, 23.9.2015, 17.11.2015 and finally on

27.11.201. The matter

is

now listed on.21.02.2016.

The protection order d.ated 17.12.2015 should

be

modified

and vaca ted on

the following grounds:-·

3. The petitioner has suppressed the following material facts

from this Hon ble Court

and

played fraud

in

o r e ~ to obtain a

protection order dated 17.12.2013. That the channel

l

Broadcasters have obtained the licenses under section 4 of

Indian Telegraph

Act

1885

as

per the policy guidelines for

down-linking of TV channels and they have specifically

agreed under Clause

5.1

that they will comply with the

provisions of

CTN

Act, 1995 and · the progamme and

apvertising code as prescribed therein. The Clause

5.1

of the

•

Down Linking Guidelines

is

reproduced below.

{5. 1

The

Company permitted

to

downlink registered channels

shall comply with the Prngramme and Advertising Code

prescribed under the Cable Television Networks (Regulation)

Act, 1995.

In

addition to they have given

an

Affidavit and Undertaking in

Form A1 as a matter of consideration for obtaining a licence,



r

they shall abide by the Provisions of CTNR Act and CTN

Rules made thereunder. A true copy of the •Down-linking

Guidelines and Application Form along with Form A 1 is

e ~ l o s e d herewith as ANNEXURE A

1

COLLY].

The current p e t i t i o n e r ~ have not disclosed the said aspect of

the matter before this Hon ble Court whereby they have given

a specific Undertaking that they shall abide by the Provisions

of CTNR Act and Rules therel,lnder. It is important to note

that the Provisions of Rules 7(11) of CTN Rules are

applicable w.e.f. 31.07.2006.

4

The petitioner had approached this Hon ble Court after

l

delay of seven years after the enforcement of CTN Rules 7

( 11) of

th

CTN Rules, 1994. The equitable jurisdiction could

not have been exercised in case of such long 9e1ay would

have been disclosed by the petitioners before this Hon ble

Court. As on today, the existing provisions of 2012

Regulations are nothing but the provisions of Rule 7(11) of

the CTN Rules, 1994.

5 The Broadcasters primarily, those are not listed entities have

suppressed the financial information from the TRAI and have

not co-operated for the purpose of tariff fixation. The findings

to this ;effect has been given by the respondent TRAI

in

its

report dated 31.07.2010 submitted before the Hon ble

Supreme Court in CA no.

829-833

of

2009

and the said

conclus\ions and findings have not been challenged by any of

the broadcasters thus has obtained finality against them. The



Broadcasters have been guilty

of

misconduct. Petitioners

guilty of misconduct of suppression not entitled :for equitable

relief. relevant part of the Report dated 21 07 2010 is

enclosed and filed

as

ANNEXURE A2.

6 Order dated 17.12.2013 is being misused by the Petitioners

who are

. .

1mposmg

unreasonable restrictions

on the

fundamental right of the 149 million consumer homes for the

benefit of Pay V Broadcasters. Consumers have

.

fundamental right under Articles

19

and 2

of

the Constitution

against the unjust extractions of money by the monopoly

granted by the State. Sroadcasting licenses is a state largess

l and subject to reasonable restrictions. The consumers have

been burdened with the unwanted advertising and also with

I

the subscription charges. Broadcasters are under obligation

and fundamental duty as they are enj<?ying the state largess

and natural monopoly and are only entitled to enjoy one of the

two steams of revenue from the broadcasting channels. Either

•

from advertising revenue or from the subscription revenue.

Correspondingly the ·subscribers have fundamental right of

protecti:on against such dual burden. Either he can be

obligated to watch commercial advertisements during the

programme and not pay any subscription; or pay subscription

or not to

be

burdened with the unwanted commercial

advertising in-between programme on pay

V

channel as

subscribed. Subscriber is a source of advertising. revenue to

the broadcasters and he has every right to get subsidy for the

same.



·

7. The real issue

is

of tariff for Pay

TV

Broadcasters.

Broadcasting service being essential service are subjected to

tariff control under Section

11

2) of the TRAI Act, 1997. The

Broadcasters have been e11joying tariff forbearance and also

not permitting the Respondent TR.AI to fix the tariff by not

SLJpplying

the relevant financial information.

Following is the illustrated models for the purposes of

understanding the economy of a channel.

The

pr;esent

issue can

be

illustrated

by

the hypothetical

example as given below:-

TABLE

1

Hindi GEC Channel Rs in Crores) ·

Operating Expenses

8

Capital

Expenses 2

Reasonable

Profit

2

Total Revenue

i ·

Required 12

Assumption of

revenue

Adv Revenue

5

Subscription

Revenue

7

I



•

TABLE -2

.

Duration

of

advertisement

t-· .

-

'

·

~ ~

Spot

I

time.

10 second

I

--·

.

'

I

-=-·,

.

_..,......,

Spot

Charges Rs 100012er

10

sec

I ; , • , 1 ' > . c I • , •

_ otal Adv spots required in yea,r

500000

I:;

~ ~ o t l A d v ~ o t s ~ g u i r E 9

in a

1370

total Adv spots required

in an

hour

57

. - --" "

.....--.--..

hence total adv minutes

in

a hour

9.5

57

spots

in hour

means

570

seconds or

9.5

minutes

Adv Time

9.5

minutes/ hour

Situation I (when

Adv

can also be allowed along

with subscription charges)

Monthly

Subscrietion

eer

consumer

.

.

Total no of

subscriber

50000000

Sub

Revenue

Rs.

700000000

1 ·

Price per

sub per

year

Rs.

14

Price per

sub per

month

Rs. 1.16

Monthly

Subscription

'

Rs. 1.16

-I

I

-

I

I

I



Situation

II (when

no a d v e ~ t i s e m e n t

can be

permitted

i

If monthly subscription charges are i n c r e ~ s e d by Rs. 0.84 per

month and it is now Rs 2 per month, no advertisement is

required at all.

In

the present industry sitLiation, there is no

requirement of commercial advertisement at all because

l i t is clear from the above illlJstrated case, if the revenue

requirement is met from the advertising revenue. The

Sroadcasters do not have any right to charge subscription for

the s a m ~

·8 It

is

important to note that with the ·every increase

in

the

subscriber base cost of operation or any other cost of

providing the service goes down and advertising revenue

increased. After a certain point, the cost to provide the

service to additional subscribers is marginal.

In

such given

economic conditions it is important that this Hon ble Court

adopt

an

economic interpretation of the existin9 Regulations

of 2012 as amended

by

2013 amendment and the Provisions

of Rule 7(11) of the CTN Rules, 1994.

Since t ~ e Broadcasters have gained unjustly by burdening the

. .

consumers, they should refund either subscription c h ~ r g e s to

the subscribers or make over the subscription revenue or

advertising revenue into the Consumers Welfare Fund

maintained by Union of India

1

under the Consumes Welfare

.

Fund R u l ~ s 1992 read with Centrc;tl Excise and Sale Act,

1944.

•

9



t

9.

T h ~ t the Petitioners svppressed material facts and information

from this Hon'ble Court and after misleadingf this Hon'ble

Court secured the Order dated 17.12.2013. The relevant fact

for the purpose of just disposal of the present petition is that

the Pay TV Broadcasters charge monthly subscription from

the (Ordinary as well commercial) Sl)bscribers through their

respective distribution platform operators (DPO) and also

insert commercial advertisement (of duration much more than

permi sible under the law) for which they charge the

advertisers. The consumers pay monthly subscription for the

content Programme and not for unwanted advertisements

•

inserted

in

between the programme. The Pay

V

Broadcasters earned the advertisement revenue on accounts

of the ordinary consumers, subscribing to these pay

V

Channels and thereafter fhese subscribers spending their

time and money to get before the

V

screen. The Pay

V

Broadcasters' advertisement rate card (which is based on per

spot of 10 seconds) on the number of viewers/subscribers of

that channel. The Broadcasting services being essential

l service is regulated. The Subscriber must be subsidized for

the advertisement revenue earned by the Pay V

Broadcasters because of viewers. Presently there are more

than 149 million Cable TV and DTH

V

homes

in

'the country

and Digitization of Cable TV has been achieved in all urban

households under Phase- I

II

& Ill of DAS implementation

'

and there is no pilferage of subscription revenue with a Set

Top installed on every V Set by Subscribers



{

Consumers provided

by

the respective DPO, whereas every

Pay TV broadcaster decides their rates of advertisement spot

of

the 10 seconds based

on

TAM Television Audience

Measurement) and its generated TRP television rating

points) which

is

also baseo

on

its number of

viewers/subscribers. The said rates are solely dependent

on

the number of subscribers of TV channel homes and goes

on

to an average of Rs. 2 [Two] lac charged for a 1 second of

an aqvertisement spot

in

prime time.

The tariff charged to the subscribers of the channels, have

three components, 1)

t h ~

cost of providing service which

includes reasonable profit) which

is

the revenue requirement

2) the revenue from the channel broadcasting which consists

of both subscription and advertisement charges 3) the

existing subscribers and ongoing growth. The cost of service,

along with reasonable profit

is

the revenue required by the

channel. The said revenue has two main revenue streams

namely, 1) subscription and 2) advertisement and these two

streams are. dependent

on

subscribers and their collected

subscription charges. The revenue requirement is to be met

by either of these two

s t r e a m ~

which have off setting impact

on

one another.

lri case the cost which includes the element of profit van

b;; recovered from the advertisement revenue then the Pay

•

TV Broadcasters do not have any right to charge monthly

subscription from tile subscribers through their DPOs.



-

x

Similarly n case the Pay TV r o a d c ~ s t e r s is charging

subscription or recover the cost from thet subscription

charged, then the said Pay

TV

Broadcasters are not entitled

l to insert unwanted advertisements. This is the fundamental

principle of tariff structure for ,essential g·oods and services.

The said Pay TV Broadcasters are not being directed by the

TRAI to remove the advertisement or provide the channel

without any charge nil tariff) and continued soft measure has

•

been .adopted by the Union

of

India from the beginning

of

1994 a ~ d it is only n

2006

the central government introduced

rule 7

11)

of the CTN Rules, 1994 w.e.f. 31.07.2006 with the

-

objective to give relief to the consumers from excessive

a d v e r t i ~ e m e n t when all the channels, started to convert into

pay

TV

channels , with bundling of these pay

TV

channels

with unwanted

TV

Channels and further limitless duration of

advertisements being also shown on these bundled pay TV

l channel packages forced upon the Consumers

TV IN USTRY REVENUE

[INR n Billion for a calendar year and Projections fpr

2015]

.

Subscriber base is

149

Million n 2014

200 200

201 201 201 201 201 201

8 9

0

1 2

3

4 5

2_

I

i

Adv.

82 88

103 116 125

136

155 175

I

I

Sub.

158 165 187 213

245 281 320 369

Tatar

241

253 290

328 370 417 475 543

._____________

FICCI-KPMG -Indian Media and Entertainment Industry Report, 2015)



3

The applicant Llndertakes to produce the report during the

course of hearing and

tl1e

same is not being enclosed

because it

is

voluminous

.The said advertisement revenue

is

being· earned due

·to subscribers only and they should be subsidized by the

broadQasters. The said revenue is sufficient to meet the

.

revent Je

requirement of the broadcasters and hence no

subscription should be charged from the subscribers at all.

In ·case, subscription is charged, then no commercial

advertisement should be inserted. The subscriber has right

not to be bl)rdened with unwanted commercial

advertisements because he pays for the content ano

programme and not for the advertisement which is

encroachment

on

his right

to

receive infotainment without

advertisement breaks. The revenue, earned from the

advertisements

is

unjust enrichment by the broadcasters

and same should be refunded to the subscribers or in the

alternative the Pay TV

B r o a ~ c a s t e r s must deposit with the

Consumer Welfare Fund of Union of India. The consumer

has right not

t

be burdened twice over one by subscription

charges and secondly by commerc al advert isement. The

•

broadcasting services are permitted under sec 4 o the

Indian Telegraph A;::;t 1885 as state largess and are

in

the

nature of natural monopoly, and of essential services. The

consumer should not

be

charged unnecessarily when the

broadcasters can make up for the revenue requirement

from the advertisement revenue. The consumers have



•

y

fundamental right to information and entertainment, without

any restriction. The restriction can only be imposed for

I

.

pl,lblic order. There

is no

justification for imposing burden

of subscription along with advertisement.

The primary issue is of the tariff fixation by the

TRAI, which has not

be

disclosed

by

the petitioners before

this Hon ble Court. Even the TRAI had been delaying the

.

process of tariff fixation, which

in

the past has attempted to

carry out the exercise in halfhearted way but the attempts

were thwarted by the said Pay TV Broadcasters by non-

cooperation and non- submission of relevant financial

information. The said fact had been reported by the TRAI

in

its report dated 21.07.2010, which was submitted before

the Hon ble Supreme Court

in

the CA No. 829 - 833 of

2009. The findings regarding the suppression of the

material financial information from the TRAI, were not

controverted by the broadcasters. Thereafter,

t,he

Hon ble

Supreme Court and also TDSAT on various occasion

directed the TRAI

to

carry out the exercise of tariff fixation

taking into account ~ u h factors ·as mentioned above.

Thereafter, vide order dated 28.04.2015 the Ld TDSAT

directed by the TRAI to carry out the tariff fixation exercise,

but TRAI not yet fixed the tariff. The applicant has made

\

representation Dated August 6, 2015 to TRAI, MIS and

PMO and a copy thereof

is

enclosed

as

ANNEXURE A-3.



·

5

10. The 2012 Regulation and its 2013 amendment only

provide limited protection to the consumers of pay TV

Broadcasters which is at the expense and cost

of

the

consumers through the OPOs, which are forced to view 12

I

. i n u t ~ s

of

advertisement

in

a clock hour

for

which they are

not subsidized. The TRAI ought to have completely

prohibited under these; regulations, the Pay

TV

.

Broadcasters from charging any subscription in case

of

i n s ~ l i i o n

of commercial advertisement or in the alternative

prohibited the insertion of advertise Tient if the subscription

was ;clilarged. However, even

st,Jch

favourable regulations

for

t 1e

said Pay TV Broadcasters are not being complied.

TRAI published reports

on

duration of Advertisements

shown by Non News

anc;l

News Pay

TV

Broadcasters

compiled based upon last Reports .published by TRAI

I

the Rates of these Non-News and News Pay TV

channels charged per SLJbscriber TV set, per Month from

the DAS and Non OAS ordinary Subscribers I Consumers

with the date of permission granted by MIS to these Non

•

News and News Pay TV Channel Broadcasters and a copy

of

the said

c o m p i l a t ~ o n

is enclosed as NNEXURE

A 4.

11. They are CLJrrently 763 news and non-news

broadcasters in the country permitted by the Ministry of

Information and B r o < ; l d c a s t i n ~ There are around 300 Pay

TV Broadcasters and there are only 139 Pay TV

Broadcasters (Refer Annexure A-5) those are committing

continued violation of the provision of Rule 7(1'1) of CTN



l

Rules,

994

and Regulation 2 12 and its subsequent

amendments. The said offending pay TV

1

channel are

owned by

11

companie , and few of which have come

before this Hon'ble Court challenging the enforcement of

. the 2012 Regulations and got protection.

12

The protection o·rder dated 17.12.2013 is being

mi used bY the Pay TV Broadcasters, who are violating the

Regulation of advertisement duration frequently and

duration of advertisement

is

going upto

22

minutes

in

a

clock hour during peak hours 7 PM-

10

PM (much more

in

case average is taken on 24 Hour per clock hour basis .

This kind of an utilized monitoring facility is in place, done

by the Government of India, Ministry of Information and

Broadcasting that established an Electrqnic Media

Monitoring Centre

in

June 2008, with the aim to have

effective monitoring of content of various TV channels

beaming over Indian Territory for any violation of:

Programme Code, Advertisement Code and Various

.

provisions of Cable Television Networks Regulation Act,

995

and Cable Television Network Rules, 1994 Rule 6

and 7 The protection order dated 17.12.2013 has resulted

into conferring the super profit to the Pay TV broadcasters

at the expense of poor ordinary consumers. It is important

to

note that the cost of providing the service to such

additional subscriber is margina.l and there is no

involyement of extension of infra-structure for adding any

additional

c;onsumer

misuse of such level ou9ht to be



>

·

/

stopped

by

this Hon'qle Court and the order dated

I

17.12.2013 should be modified with the directions to the

TRAI for enforcement of 2012 Regulation and rule 7(11) of

CTN Rules, 1994. In case, the present application

is

not

allowed then the consumer will continue to suffer

irreparable loss which they would not have means to

recover the excess subscription charges from the Pay V

Broadcasters/DPOs and similarly DPOs will not be

in

a

position to recover the

e x c ~ s s

charges from the Pay V

Broadcasters. The Pay TV Broadcasters have continued

to profit at the expense of DPOs/ consumers which

is

not

justified at all. The said situation have arisen only on

account of the inaction and abdication

of

duty by the TRAI

to fix the tariff under Section

11

(2)

of

TRAI Act, and

violation

by

Pay TV Broadcasters on Duration of

advertisement shown, as prescribed under CTN Rules

•

1994 and the undertaking Affidavi t given to the Union of

India. The e p r e ~ e n t a t i o n dated 08.12.2015 has been

made to the Respondent and to the Ministry of Information

and Broadcasting and a copy thereof is enclosed as

ANENXURE A-S[COLL Y].

P R Y E R

In view of the above facts and circumstances, that this

'

Hon'ble Court may

be

pleased to:

a. modify the order dated 17.12.2013 and the subsequent

order up to 27.11.2015 vide which the said protection



.

A order dateo 17.12.2013 was extended from time to time

with regard to theePay TV BroadGasters

b

direct the Respondent, TRAI to enforce the Standards of

Qt;ality of Service (Digital Addressable Cable TV Systems)

Regulations, 2012 as amended in 2013 and the provisions

of rule 7(11) of the Cable TV Network Rules, 1994 against

the offending Pay TV BroadcQsters.

c direct the Respondent TRAI and Union of India to enforce

the Clause

5 1

of the Down Linking Guidelines and the

undertakings given by the Pay V Broadcasters under

Form A 1 against the Pay TV Broadcasters.

.

d d i r e < ; ~ the offending Pay TV Broadcasters to· deposit the

advertisement revenue earned during the period from

17.12.2013 onwards

in

the Consumer Welfare Fund

maintained

by

the Unibn Government,

e Pass such other and further order as this Hon ble Court

may deem fit, just and proper in the fact and circumstances

of the case

AND FOR THIS ACT OF .KINDNESS THE APPLICANT AS

DUTY BOUND SHALL EVERY PRAY.

New Delhi

Dated: 19.12.2015

ADVOCATE FOR APPLICANT

/ l v ~ ~

VIVEK SARIN .

Advocate

131, New. Lawyers Chambers,

Supreme Court of India, New Delhi-11 0 001.



9

.

.

BEFORE THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CIVIL JURISDICTION)'

WRIT PETITION (CIVIL) NO. 7982 OF 2013

IN

THE

MATTER

OF:

.

9X MEDIA PVT. LTO

&

ORS.

... PETITIONERS

VERSL)S

TEL ;COM REGL)LATQRY AUTHORITY OF INDIA

... ~ S P O N E N T S

AFFIDAVIT

I

Vikki Choudhry, S/0

Mr.

Raghuraj Singh, aged about 44

yean;; R/0

B-10, Friends Colony

West

New Qelhi -110065 do

I

herE?bY solemnly affirms and state ·as under :-

1. That I am director of the applicant Home Cable Network Pvt.

Ltd. and duly authorized vide board resolution dated

11.12.2015 by the applicant company and also am familiar with

the facts and circumstance of the case hence competent to

swear this affidavit :-

2.

That l have read and understood the content

of

the

accompanying application, wbich has been drafted by our

counsel under my instructions. The content thereof are true .and

correct to the best of my knowledge based on official records,

maintained in the usual course of business and information

received and believed to be true and correct. Legal submission

is based on the legal advice rendered and verily believed to be

true and correct. No part of

it is

false and nothing material has

b1en concealed thereform.

3. The annexure accompanying the present application are true

copies /prints o f the respective originals.

For

H ~ m e Cable Network Pvt.

VERIFICATION:-

,

.

~ ~ · • • · ~ - M

. ~ ~ = -< _ _ , , , ~ . , . ~ ~ ' < « < - - < - e ~ _ . . : , - - ' V ~ - ' - ; , , . . . , _ ~ . . , . ,

~ . . . _ . « _ A t , . . _ ' i t · ~ - ~

. . ~ . . . . . _ ~ . . . . . . . . . _ . _ . .

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2o

Verified at New Delhi on this nd day of Oecember 2015. I

f

Vikki Chaudhry the deponent above named do hereby verify

that the contents of above affidavit from para 1 to 3 are true to

my knowledge that no part of the same is false and nothing

material has been concealed therefrom

.t< or\1-JptM

?able

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CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE SPECIAl MEETING OF THE

BQARO

QF DIRECTORS OF

TH E

COMPANY

HOME

CABlE NETWORK

PRIVATE

liMITED

HELD AT 5.0QPM ON 11th DAY OF DECEMBER

2015

AT

THE

CORPORATE OFFICE Unit

30 BLOCK-Ill, TRIBHUVAN COMPLEX, NEW OELHI-110065

Resolved

unanimously

that Director Mr Vikki Choudhry, S/o Shri. R a g h ~ r a j Singh R/o B-

10

Ill RD Floor, Friends Colony (West) New Delhi - 1100 65

is

hereby authorised

by

the

Company

ha\{ing

its

registered

office

at

19 CSC (DDA) Sukhdev Vihar,

New

Delhi-110025

to

file,

Petition, Appeal,

Applications etc.

and institute and

cQnduct legal

proceedings

before the Hon'ble High Court of Delhi or at any other

a p p r o p r i ~ t e

legal forum in the

matter of continued violation

by

the Pay TV

News

and Non- News

broadcasters

of the

Programme and Advertisement Code prescribed under the Cable

Television

Networks

Rule 1994.

Resolved further that he be authorised to

file,

institute, sign and Verify All Complaints

Replies, suit/s, Revision, Petition, Appeal, Applications,

Replication

to give evidence, to

sign and

verify

t ~ e affidavits, to a d m i t / d e n ~

docl)roents, 'to

exhibit documents, to

•

B

deposit,

withdraw

or

receive original

documents before.the

Hon'ble High

Coart

of Delhi

.

I The Supreme Court of India to appoint advocates, to sign Vakalatnamas and grant

power of attorneys etc on behalf of the Company, to give instructions to the advocates

etc, on behalf

of the

Company and to

do all other

lawful

acts, and

things

in

connection

with cases

filed

or to be initiated

by

and against

the Company.

Resolved

further that all

acts,

deeds,

things

done

by

the Director, Authorised Signatory

and

Majority

Shareholder

in

the Company, Mr. Vikki Chaudhry as authorised above in

connection

with the above, shall be

binding

upon the Company.

II Certified True

Copy//

.For

Home Cable

Network Private limited

Mr. Neeraj Sharma

Director

l

Mr. Bhupesh Sehgal

Director

Mr. Vikki Chaudhry

'Director

...

l E

:t

,

,

C•

'

f

(

:







· J

\

•

2.1. Only Companies permitted/eligible for permission to downlink, as

per Clause 1 above, shall be eligible to apply for permis sion of channels.

2.2. . The downlinked channel mliSt be licensed or permitt ed for being

broadcast by the regulatory or licensing authority

of

the country

of

transmission, proof of which wo1 1ld have

to be

submitted at, the time of

application.

2.3. The channel being registered should not have been de registered

under these guiQ.elines at the time of application.

2.4. No News and Current Affairs channel shall be permitted to be

downlinked if it does not meet the following additional conditions:

•

That it does not carry any advertisements aimed at Indian viewers;

T h a ~ it is not designed specifically for Indian audiences;

That it is a standard international channel;

That it has been permitted to be telecast in the country of its uplinking

by

the regulatory authority

of

that country;

Provided that the Government may waive/moQ.ify the condition under

clause

2.4.1

on a case-by-case basis.

2.5. For the pllrposes of these guidelines any channel, which has any

element

of

news or current affairs in its programme content, will be deemed

to be a news and c urrent affairs channel.

2.6. [ Delet ed ]3

3. [PERIOD OF.REGISTRATION AND PERMISSION

The P ~ r m i s s i o n granted to a company to downlink channels, uplinked from

other countries, into India under these guidelines shall be valid for a period

gf 10

years from the date

of

issuance

of

permission. The Registration

granted to such channels under these Guidelines

shall

also

be valid

for a

period often years. ·

The Registration granted under these Guidelines to channels uplinked from

India shall also

be

valid for a period

of

10

years and shall

be

co-terminus

with the up linking permission of the channel.

4. PERMISSION FEE

4.1. The Company seeking permission to downlink channels, uplinked

from other countries, into India under these guidelines shall pay a

permission fee

ofRs

10 lakhs at the time

of

grant

of

permission·.

4.2. The Company shall pay a Permission fee for Registration of

channels under these guidelines as follows:-

Rs. 5 lakhs

per

channel per annum for Downlinking

of

Television Channel

uplinked from India.

1

Rs. 15 lakhs per cham1el per annum for Downlinking

of

Television Channel

uplinked from abroad.

After being held eligible, the applicant Company shall pay the permission

fee for the first year before the issu.ance of permission. The succeeding

?_Ll

77c

£ > ~











i

\

•

on five occasions or more. What would constitute a violation would be

determined in consultation with the established self-regulating mechanisms.

The renewal will also be subject to the permission/ registration

holder s acceptance

o

all

o

the terms and conditions

o

permission as the

Goverrunent may prescribe by way of1Jolicy pronouncements from time to

time.

At the time o considering the renewal

o

permission/ registration o

the existing permission holders, the eligibility criteria

o

net worth

o

the

company and experience o the top management will not apply. However,

other terms and conditions would be applicable as per modified terms and

conditions o the permission.

10.

TRANSFER

OF

PERMISSION OF TELEVISION CHANNELS

10

1 1

The permission holder shall not transfer the permission without prior

approval o the Ministry

o

Infonnation and Broadcasting·.

10.2. In case o transfer

o

permission

o

a Satellite Television Channel

uplinked from India from one company to another as per the provisions

o

Up linking Guidelines, the registration o the channel under the downlinking

GuiQ.elines shall also stand transfen•ed to the new company.

10.3. In case o companies permitted

to

downlink channels from other

countries, on a written request from the pennission holder, the Ministry

shall allow transfer o penn,ssion in case o merger/demerger/

amalgamation, or from one Group Company to another provided that such

transfer

is in accordance with the provisions o the Companies Act, and

further subjectto. the fulfillment o following conditions:

(i) The new entities should be eligible as per the eligibility criteria

including the net worth and should be security cleared.

(ii) The new entities should undertake to comply with all the terms and

conditions o permission granted.] 1

Note (Superscripts) :

1

Amended vide Order No. 1501134/2009-TV(I), Dated 05.12.2011 o

the Ministry

o

Information and Broadcasting

2- Amended in accordance with the provisions o the Sports

Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007

and the rules anti notifications there

u n d e ~

3- Deleted as not relevant

as

per cunent Approved Cabinet Note.

29

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I



Al }·)] -C. Y

1

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.

c ~ ~ ~ .

Application form. fot J l t n t h j i ~ : s i p n r t Q . : i : ~ o ~ } ' J 5 . f h r i ( i t ~ T Y Q I 1 ~ n l e l ~ ~ ® : K d l t

Cttrrent

Affairs

imd

< h i " ~ e \ v $ : & C ' 9 t : ~ i i i F ~ f f # r s ) " ( T o b e ; ~ i i f m l l t , : i i ~ i l

o " ' ' , - , , : / : _ - - ~ ~ ; ' '

>

' , ' 9 £ - _ , : · A l ; _ , _ : : : : _ K { ~ : - ~ : -

---:or--

To,

The

Secretary,

Ministry of

Information

Broadc,asting,

Shastri Bhawan, A Ving,

New Delhi-110 001.

Subject: ApplicatiO, l for

l e r m i ~ s i o n

to ..

, ........ .......

.

................

.

(Please 1nention the purpose o application).

Sir,

~

I hereby submit the following details in suppmi of the eligibility

as

prescribed in

the

guidelines

for

downlinking,

in

addition

to

other particulars:

PART-A:

REQUEST FOR PERMISSION

TO

DOWNLNK TV CHANNELS

(DETAILS 0 1 ~ APPLICANT COMPANY)

1

Name of the Applicant Company and

:

Status (Pvt. Ltd./Pub. Ltd.)

2.

Complete Postal Address with

:

1

Telephone/Fax Nos. E-ma il ID

.

(i) Corpora te Office/Head Office

ii) Registered Office

.

'

ii)

Regional Offices/ Country/ nature

· o activity

· · · · ~ ~ · · · · · · · ·

Application

or

down/inking [V channel in India.



·

f

3

Address for Correspondence with

Telephone/Fax/E-mail

····•··· ·

• 1

-

4.

1

Name of Authorised Contact Person

His designation

and

Telephone/Fax

~ _ _ . . ~ .

Nos/E-mail I ] .

· .,

s 1

Processing

fee paid

and

details

of I I ~ ~ . ~ ~ . · ~ ~ ~ ~

payment. • .

- - - - - - - - f ~ ~ ~ - . · ---- . . - l .

6

Registration

details

under

Company s

Act 1956: Incorporation

No.

and Date

(attach a copy of

Cert(ficate of

incorporation and

Jlfemorandum

Articles of

Association).

7

l

Details

of

Promoters Majority Shareholders

(Attach a separate sheet giving Name, Address, c ontact Telephone an d equity held in

terms

of

amount and percentage

of

paid up equity).

FJ Details

of he

o m p ~ n y

j

I I

8.1

1

Board

of

Directors

(Attach list of

Directors along with bio-data of each

Director giving date of birth, place

of

[ r

birth, parentage, nationality,

perqwnent address, residential

address, official address, passport

number

if

any), qual{fication,

experience, parentage etc).

Application

for

down/inking TV channel in India.

2



' 32.

8.2 · I Key · Executives: Startii1g with

CEO/MD, Head of Marketing, Head

of Progran1ming etc.

(Attach list

of

Key Executives along

withl bio-data giving date of birth,

place of birth, parentage, nationality,

permanent address, residential

address, official address, passport

llUIIlber {(f

1 1 1 ] ~ ,

qualification,

experience paren; age

e t . s : L _ ~ _ _ . . . . L _ . - - l - - ~ ~ - - . - - . . . . . . . - - - . . - ~ ~ ~ - ~ ~ - - - - - . . . 1

Any

change in Board of Directors prior to issue

of

his permission to be informed immediately to

the Ministry. The company shall intimate b

the

Ministry

in

case

of

change of Directors, after

issue qfpermission

to obtain

their security clearance). (Clause

5 11 qf

guidelines).

~ - ~ .......

1

. . . _. . ' '

.

. . ' .... . . ;

8.3

I Equity

Amount

(Rs. in lakhs)

(A)

~ t h o r i s e d a p i t ~

~ .

-

fL

,

; :

;

·;

.

·:I

r ' - - r . - r - · . ~ ~ ; · • · . . - _ - - - - . - - - -

Amount (Rs. in laklis)

As

of Authorised

(B)

1

Issued paid up capital Capital

I

.

l ~ . - : - - - ~ _

,

•.

..

.

~ ~ r ~ ~ ~ ~ ~ ~ . ~

Amount

(Rs.

inlakhs)

As

of

Paid up

(C)

ClassificaJion of equity holdin

Capital (B)

•

..... ..... ..._

-

I

· ~ . . 1 , . . . , . . . , . . . . , . . ~ ~ - ' ; ...-- ·

.

' '

~ ~ · ~ .

otal equity held by Indian : •

·omoters/Majority

h ~ h o l d e r s

... .. .. .

'

App ication/(Jr

downlinking V channel

in India.

3



•

(ii)

Pro rata

share

of

FDI in the

Promoters/Majority

Shareholders.

_.. . ,_, . . . -- ._

{

(iii)

I

Indian Financial Institutions

and

Banks.

~ - - ~ - - - - - - ~ - ~ - ~ - - - - ~ - - ~ - - - - - ~ ~ ~

(iv) I Other India11 siia1·eiloicJers.

(v)

Percentage

of Majority

Shareholders equity to Total

Paid

up Equity net

of

Banks and Financial

I nstitufions Equity.

(vi)

Direct FDI

holding

qncluding Fils,

PIOs

NRsi, etc- give break-up)

(vii)

Indirect

FDI/FH

fro rata share of

F I

in

Indian Promoters

and

majority shareholders)

(viii)

Foreign

Institutional Investors/

Portfolio Investments.

l

33

. . . j

.

- .

(ix)

I

Total foreign Equity Holdings.

[(vi)+ (vii)+ (viii)1

~ ~ ~ · ~ · ·

(9)

Net

Worth

of

Applicant Company as

on 30.10.2005.

Net

Worth

to be

calculated in

Application

for

downlinking

TV

channel in India.

4

'



acconlance with number of channels

being downlinked.

[Please enclose a copy of the audited

balance sheet and Profit

&

Loss

Account

for

the immediate preceding

year and c e r t ~ f i c a t e

of

Net Worth on

the basis of these documents by

StatuiOIJ Auditor or for

a

newly

inco17JOrated

Company

by a

Chartered

Accoul1f(ll1t in the prescribed

proforma for the latest quarter ending

~ v

before api icat on s _ i l ; ; ~

il

1 . ~ t . ~ ; , u . : . . . ; . . . r ; ; . . e . . - ] L - . . - ~ ~ - . . . . - . - - - - ~ - - . . , . . - - - - - - - ~ - - . . . . . . . J

10.

Annual

reports

and

Audited

Accounts for the last three years or

in the case of a newly incorporated

company, balance sheets from the

date

of

incorporation till 31st

March

2006

certified

by the statutory

Auditor

to

support

its claim

of

financial elh: Jbility.J

ll

Major

area of activity/ business

I

.

12. The number and names

of

channels being downlinked or

proposed

to be

downlinked.

(For each chann el details in Part B C to be provide d separately):

.

13.

Does the Applicant Company hold any other

licence

from

Department

of

' Telecommunications (DOT) /Department

of

Information

Technology (DOlT)/ Wireless

planning

and

Coordination (WPC) or Ministry-

I

of Information and Broadcasting (MIB)?

f

so,

I

•please give details.

.

14.

Has th e Applicant Company made any other

application to Minist ry of Informat ion

and Broadcasting (MlB)?

f

so, please give

det'ails.

'

[}ij Has the Applicant Company been denied I I ' I

Application or

dovvnlinking

TV

channel in India.

5



•

6 6

permission

for

uplink ot; dowi1link

of

a TVIT.

llhan.nel

at

any point of time? f so, please give

· . . . ; : ; : d ~ . . - - ~ - - - ~ . - ~ ~ ~ . . . . . . . . ~ - - . . . . - ~ _ . . . - - . . . . . . . . _ _ . J

16. · H ~ i s

tlie Applicant

Company

··ever be e ·

-.

isqualified from permission to uplink or :

downlink

of

a

TV

channel at any point of time?

f so, p l e ~ l . s e give

details

~ . . . . . . . . . . _ . . . --.,-- .

Place:

Date:

Companv s

Seal

v l

(Signat\Jre of p p l i ~ a n t

[Authorized Signatory of the Company]

Name

Office Address:

Tel./fax No.

&

e-mail ID:

PART- B: COMMERCIAL &

TECHNICAL

DETAILS

FOR

DOWNLNKING

Application

for down inking TV

channel in India

6



3{;

A TV CHANNEL

(1)

Name of Hie C h a n n e f ~ b e h i g r r -

l

proposed to be, downlinked.

~ ~

: . . . . ~ ~ ~ . . . . _ . . ~ . ~ . . . . . . . ~ ~ ~

2.(i) 1 Does the Applicalrt-Corii-pany own

the channel being or

proposed

to

he

dovl lllinked or do they have

marketing and/

or distribution rights

for territory ·of

India?

(Please

enclose relevant doc1mtents

in

support :

(ii)

I

(iii)

Please enclose

the.

Memo1·andum/

Articles of Association, Marketing/

Distribution

Agreement

as

a p p l i ~ a b l e

In case the At)plicant Company has

marketing

and/ or

distribqtion

rights, do they have

the

authority to

conclude fOntracts on behalf of the

channel • for advertisements,

subscription

and programme

content?

f

yes, please enclose copy

of

the

Agreements.l

Whether

the

channel

will be

marketed

in a p?.rticular

area

or

locality other than in India or whole

I _ I of India? Please give details.

3.

Details

of transinission of the

I

channel:

(i)

Name of satellite

hired/ proposed

to

be

hired

for

up

inking

and

downlinked the TV channel

__________________________ _

I

I

.

I

(ii)

I

Orbital location

- - ····· · .J

----

~

(iii)

Type flld No. of transponder(s) with I I -------

bandwidth

:

I

[ ivfl Signal strength illt primary zone over I I

I

Application for down/inking

V channel

in India

7



31

l ndia

· ..

·

. .

(v)

Name of the

Company

from which I

he satellite/ transponder is to he :

leased.

. _ _ _ . . . . . . . . _ ~ - ~ ~ . ' . . . - - ~ - - . . . . . . . ; ~ ~ ~ ~ ~ -

(vi)

Uplink

downlinl{ frequencies.

E n c l o s ~ map of footprint of the

satellite proposed to be

hired for

clownlinldng)

. : - - ;

. . ; . ~ - _ _ _ - .

r - ' ' Name

of

the country/ ·location

of

__ .. . . .... ... ... ..

·

uplinldng:

' ·

4.

(i)

I f

it

is a

channel

from

India,

please

enclose a copy of the permission

for

uplinking. Please indicate the name

of

the teleport approved for

providing uplinking

facilities

and the

date

of

grant

of

permission for

upli nldng and p ~ r i q d of permission

tor uplinldng.

·

~ ~ ~ - - ~ ~ ~ - - - ~ ~ - ~ ~ ~ ~ - . ~ ~ ~ ~ - - ~ ~ - - ~ ~ ~ ~ ~ ~ - - ~ ~ - - - - - ~

(ii) I yr tfie ·channeCTsliplinked from

another country, please enclose a

copy

of the

license/

approval granted

by

the

licensing or

regulatory

authority

of that

country

and

indicate the

exact

place

and

country

of

uplinking.

Ple.ase also

indicate the

date

of issue

of

license/

permission

and

validity.

(iii)

1

A r e - 1 : i 1 e r e ~ ; : m y

iittermediate

hops

of

the uplinl<ed signal before being

downlinked in

India,

if so do you

possess the

broadcasting

license of

the concerned regulator) or licensing

au thol*ities of those cot mtries. I f yes,

p l e ~ s e

enclose copies of the

relevant

licenses.

~ ~ . ~ . -

...............

. , . . . , _ , . . . , . . _ , . . . , _ , . . . . . , . . _ _ . . , . . , . _ ~ ~ . , . . - - ~ . , - ~ - - - . , J

Application

for

down linking

V

channel

inlndia

8

•



5

6

Proposed

date

of

commencement of

down inking.

If

the

ch annel

is

already

being

downlinkcd, please

indicate date

and time since

when

it is being

downlinked

in

India

for

public

viewership.

Please furnish, technkal details such

as NomenclatlJre,

make,

module,

name and address of

the

manufacturers of the

equipment/instruments to be used for

downlinldng distribution, the Block

schematic diagram of the

downlinking and distribution system.

..

L - - J . - . ~ ~ - , . ~ ,.._.,_,

•

Yt

7.

- ' . . . -

_ ---rr-.__._

............,_ '

_ . . . . _ . . . . . . . . . . _ ~ - - - - - - .

Please indicate the

name

and address

8

(i)

(ii)

(iii)

of the company or its associate where

the applicant company shall provide

to the Govt. the necessary

equipment.

and facilities for continuous

monitoring of

the

broadcast in India

and

presentation

o

the recordings

of

such

broadcast

for a

period of three

months from the

date of

each

broadcast.

The

Applicant

Company s

year-wise

collection for the last three years

of:

Advertising

revenue

from

Indian

market for the

TV

channel

· Subsctiption revenue from

Indian

market for

the TV

channel

Revenue from sale of

programme

content

for

other use such as

DVD s/CD s/

mobile telephone etc.

Application

for

down/inking

V

channel in India

I

9



iv) \ Please furnish

audited

copies of

profit

loss

account

and The

balance sheet of the

applicant

Company for the last

three years

or

if incorporated later

from the

date of

39

,

.

~ ~ ~ C O J ] ~ ~ ~ ~ a t i ? n .

. J . - - ~ . . . . . , - ~ . . . . . . , . . . . . . . , . . . ~ - - . . . , . . , . , . - - - - ~ - - ~ ~

9.

Please furnish I1ames and addresses

of

the following:.

i)

Distributors of

the channel in

India

and their ~ r ~ ~ o . ( _ Q _ e e , r ~ t i ? ~ ~ ~ ~ -

MSOs

in India who

are

a\Ithorized

ii).

downlinl< and trans1nit the channel

in India and their areas of operation

iii).

Local cable

operators

\vho

are

authorized to directly downlink and

transmit the channel

in

India and

their areas of operation

~

iv).

DTH networks that are authorized to

carry the

channel

and their areas of

operation

v).

Out of

the preceding categories,

please indicate the names of those

distributors/ DTH operators/

MSOs/

LCOs with whom formal agreements

have not been signed and copies filed

with

TRAI and

the reasons thereof.

PARTC

For

Regnstration of the TV Channel

Application

for

oklinking

V

channel

in

India

1



I

ro

1

Name of

ti e

Channel

l ll ~ ~ : · ~ - · - - , - ~ - - ~ - _ _ _ , . ~

· - - - . - ~ . ~ - ~ - - ~ - - ~ ~ ~ ~ ~ - - - - ~ - - - - ~ - - - - - - - - - - - - -

2.

I

Logo of the channel (Plea;e annex

pictorial depiction)

3.

I

Is t h e _ · - = ~ ~ e and/ or logo registene . -

I

under

the

Trade

Mad<s Act, 1999 ?

·

_

. . .. . - . ..

...

-

. . . . ~ . . . . . . . . _ . . . _ . . . . . . . . . ~ .

l

~ - ~ - ~ ~ ~ ~ ~ - - - - - - ~ - - - - - - - - - - - - - - - -

4.(a) I

Is the name

and/

,or logo or a part

thereof being used by any other

TV

channel in India

or abroad?

4 ~ ~ ~

. ~ - - J -

· r ~ ~ ~ - - ~ ~ - - ~ - - - - ~ ~ - ~ - - ~ - - ~ - - - - - - - - - - ~ ~ ~ - ~ ~ - - ~ ~ ~ - - ~ ~ - - - - - - ~ - ~ ~ - - - - ~ - - - - -

(b) I

If

so, is the name and/ or logo or a

part thereof registered as a trade

mark or a brand

under

the

Trade

Marks Act, 1999 of India or the

corresponding law

of the

country

of

origin?

And if

so, in whose name?

. _ _ ~ . ~ . . J N a m e attach r e l e v a 1 ~ . t d ? ~ l ~ ~ ~ ~ e J : t ~ ) . , . _ , . . . . _ . . . . , J . . . . . _ , . ___ , . . , . . . ~ ~ . , . , . . , . . - - - - - . , . . , . . , . . . . . . . . . . , . . . . ~ . . . . , . , . . - ~ _ _ , . . . . , . . , . , . , - - . . , . . . . . . . . ~

- - ~ - - ~ ~ ~ - - ~ ~ - - - ~ - - - - ~

r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

c) / f the pnswer to

4(b)

above

is

yes,

is

there an agreement between the

name and/

or

logo owner and

the

applicant company for its use in

India? Pleast: furnish full details of

the agreement.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ r · r - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

5

What percentag e of the proriosed _ ..._. .. . ._

channe l time will , be utilized for

telecasting pt·ogramme content of the

channel owning the registered

trade

mark (name and/ or logo) to justify

its use by the . at)plicant company?

Please give full detail of the contt)nt

sharing arrangements with

relevant

1 . - - . . . ~ :

documents.

~ ~ ~ _...,._._ . L..

Application

for

down/inking

V channel

in India

11



L I

6 Category of Chan11e 1:

' -

. 0

.

Please tick· mark the category to

which the proposed channel belongs:

(a)

General News . Current Affairs

Channel.

•

<

{b)

G c n ~ r a l

Entertainment Channel

with serials, interactive programmes,

music, movies, lifestyle, travel

tourism an d cultural activities etc.)

''

p

:r

Special ·()'f 'Niche Cham-iel e.g. I

Sports, Environment, Science,

Technology, Religion. .

I ~ ~ ~ . . ~ - · - . . .

. . . . . . _ . . . . . . . . . _ ~ .

. ....,.,, . . . . . . . . ~ _ _ _ _ _ . . . . . . . . - . . . . J

7.

In case

of

(c) ·

pleasespecify the

, · • . '

·1

. . ~ e c i a l subject for

the.

c h a n ~ . . . . . . ~ . _ : _ ~ . ~ . . . . . . . . . . . .....

......,

. . . . ~ . . . . . . . . ~ _ . _ . . . . . . . . . . . _ . _ . . . . _ . . . . . . . . . . . . . . . . . . . . _ _ . .

[s.

The :g.uo ; ln

whi:h p>op.,ed

I .

•

• ' •• . , ' • I

~ h n n e l

will be telecast m India. . . . . . . . .

· ~

. . . . . . .

. .. .... ... .. . ~ · ~ ~ ~ ~ ~ ~ ~

o ·general News

&

~

9. In the

case

Current

Affairs

Channel, please

furnish the following information:

(i)

Whei'e is the content

of

this News &

Cunent Affairs channel collated

and

up inked

fron1

ulongwith

advertisements?

I

.

ii)

Does the same content, including

advertisements get

beamed

into

other

<;ountries?

It so, please name those

countries.

.

~

. '

I

I

iii)

If answer•to (ii) is no, please clarify

'

whether

t h e n ~

is

a customized signal

J

or India.

Applicationfrn· down/inking TV channel in India.

2



r - - - - '

(iv)

What is

the proportion of

advertisements carried as compared

to the

tot l

programming

time

in 24

hrs. ?

(v) What is the

proportion

of

Indian

°

advertisements?

(vi)

(vii)

(viii)

Note:

Indian

advertisements means

advertisements m ade in

India,

intended

only for

Indian

viewers

and

of · either an

Indian

o1· Foreign

Product.

·

What

proportion

of the

channel s

programming in

24 hours, is

carrying

Indian/ India

specific

content i.e.

content intended for

India, based on

Indian

events?

Whether

the channel

can be called a

standard

international channel?

I f

yes, please provide an

indicative

schedule in

support.

Are

you seeking

a

waiver/

modification of Clause 2.4.1 ?

(ix) If yes, please indicate your

arguments in support with full data

on proportion of international and

Indian programme content and

ad\ ertisements and subscription and

advertisement revenues derived

therefrom.

rz

t

10 Is the channel Free to Air or pay

Application

or

down/inking TV channel in India

3



(ii)

(iii)

11.

(i)

(ii)

(iii)

12

~

chan.nel?

_. [I ~

U the channel

is

a pay channel,

please confirm

that

the decoders

are

being supplied

or

shall be supplied

only

to

registered cable operators/

MSOs

and

DTH operators.

~ · L

Is the c l i a n n e f ~ l g n a f ~ d i g l i a l

orI I : l

nalogue? :

. '

Vho mal<es

or

will make the final

editorial

decisions

about

programming

and

where

are

they

mact.e

or going to be made? Indicate

the

name,

address,

and

contact

number

etc.

of

the individual

so

responsible.

Is there any internal mechanism to

regulate

content telecast on the

channel?

l f so, please explain in detail. How

will

the

channel ensure the

adherence to the

Programme and

Advertising Code?

Is

there

any mechanism to receive

complaints

and

redress grievances of

the public regarding content

of

the

channel? Please explain in detail.

'

ontact

person:

Give the name

of

the person who will

be the applicant s

primary

point

of

contact with Ministry of Information

Broadcasting for

compliance

purposes. His address, email, phone

number

fax

number

etc. should be

given.

The authority

letter issued by

the Company be annexed.

I

.

l t I Period for which registration of the I I ]

I .

Application or down/inking T V channel in India

4



•

channel cis -applied-

foi::

fhe

period

shall not he more than the period for

which the aj1plican t company

h s

the

marketing/distribution rights

of

the

channel or India .

t;

l

----L ~ ~ ~ ~ ~ ~

GENERAL

Whether declaration in Form lA and lB enclosed. (Yes/No) and also mention the

details.

Declaration:

1. We hJreby apply for the grant of a registration for thet TV channel (as given in

Part B C to be down linked and di stributed in India as. described above and

declare that the information given in this application form, to the best of my

knowledge and belief, is correct.

2. We hereby apply for grant of permission to downlink the TV channel as

mentioned in our application above and declare that the informat ion given in this

application form, to the best of my knowledge and beli ef is correct. We also

undertake to enter into an Agreement for Grant of Permission (GOPA) with

Ministry

of

I B for' each and every channel being downlinked by us.

3. We

h:::reby

affirm that we will abide by all terms and conditions of registration

and rules and regulations prescribed by the Government of India under

Downlinking Guidelines the laws of the land and any other broadcasting law to be

enacted in the future.

Place: (Signature

of

Applicant)

[Authorized Signatory

of

the Company]

Date:

Name

Office Address:

Tel./fax

No. e-mai l ID:

Company s Seal

List of Enclosures attached with the Application

Application

for

down/inking

TV

channel in India.

5

f l ? ~ ~ J A / ~ ' - " ' " " " " - - 1 ' 6 \ < Y ' A

; < ~ ' , . . , . ,

f " ' " " ~ · n C - '< ~ - ' 5 ~ ~ , . . , , . . , - , _ , . . , . . ~ · ~ • W • w • _ . , , . _ , , . - ~ - ~ ~ - . - - - ' . ___ -

-·



5

Please tick against the following documents enclosed with the application (as applicable):

l) An attested copy

of

Applicant Company's Registration Certificate under

Company's Act 1956.

(2) A copy of Certificate of incorporation; Memorandum

&

Articles of

Association and Marketing/ Distribution Agreement.

3) Shareholding Pattern as per Table l

(4) A separate sheet giving Name, Address, contact Telephone of Promoters

Majority Shareholders and equity held

in

terms

of

amount and percentage of

paid qp equity.

(5) A list of Key Executives along with bio-data of each I)irectcir giving date of

birth, place of birth, parentage, nationality, permanent address, residential

address, official address, passport number

if

any), qualification, experience,

parentage etc.

(6) Audited

Balanct<

sheet and Profit Loss Account for the last 3 financial years

and Certificate of Net Worth by a Chartered Accountant on the basis of these

documents.

(7) Details

of

map of footprint of the satellite prbposed to be hired/ being used for

downlinking (channel wise).

(8) Copy of the permission for uplinking the channel. Copy of the license

approval granted by the licensing or regulatory authority of that country

(channel wise).

(9) Copy of relevant documents of Applicant Company evidencing ownership of

channel/s being or proposed to be downlinked or marketing and/or distribution

rights for territory of India for each channel.

(1 0) o p ~ of .documents in support of a News and Current Affairs Channel

fulfilling the eligibility criteria prescribed in the guidelines.

ll)

An indicative programme schedule.

'(12) Affidavits in Fom1 lA lB.

(13) Any other:

........................

........... .

Place : • (Signature of Applicant)

Date Name

Office Address:

[Note: In case of non-furnishing of complete information, the application is liable to be

rejected and returned

to

the company forthwith.]

l

App ication(or down/inking TV channel

in

India.

16

•



i tG

R £ 3 ~ E ~ P E , - ~ t f : 0 ¥ 6 ~ ~ ~ f .

FORMAT FOR SHAREHOLDING PATTERN TO BE FURNISHED ALONG

WITH APPLICATION

TABLE-1

SHAREHOLDING PATTERN OF APPLICANT COMPANY

l

M/s

. . . . . - - - _ . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . - ~ ~ A S ON -

FACE VALUE OF THE SHARE RS. ~ ~ · - _ _ . . . . . ~ ~ . . . . . . - . . .

S.No. Category

o

-

Share Holding

Shareholders

1

. <.

'

Direct l n ~ e s t m e n t Portfolio Investment 1

No of

oftotal·

No

o

o

total paid

1

Shares paid up shares Shares up shares

'

. .

1

Indian individual

2.

Indian company

3 Foreign individual

4

Foreign company

5

N\ZI

.

6

FII

7 PIO

8 Any other

pplicationfor dovvnlinking TV

channel

n

India

17



Place

Date

~ 7

1

·

., : ; : : . ~ : . _ : : _ ~ F o R M : : ~ : . : ~ ~ ' t : J ~ ~ ~ ' ? : : c r : ' ~ f ? ) ·.· · . ]

AFFIDAVIT/UNDERTAKING

on Rs 20 Stamp Paper Notarized)

WHEREAS I, Shri . . .. .. . . . . . . .. . . . S/o Shri in the

capacity of designation) have applied to the Ministry

of

Information

Broadcasting on behalf

of

M/s or approval/permis sion

for downlinking of TV channel in place).

V/HEREAS as·a condition preceqent to above approval/permission, I am required

to abide by the Programme Code arid Advertising Code prescribed uncler the

cable Television Network Regulation) A c ~ , 1995 and the Rules passed

thereunder.

WHEREAS I have read the abovementioned Programme Code and Advertising

Code.

WHEREAS I understand that the permission/approval so granted can be

withdrawn, if

I

fail to abide by the said Programme Advertising Codes.

Now, t h ~ r e f o r e I hereby undertake as follows:

i)

I

undertake to abide

by

the Programme Code and Advertising Code laid

dovm by the Ministry

of

Information Broadcasting, Government

of

India from

time to time.

0

ii I undertake to furnish periodic information relating to public complaints,

programme contents and any other infom1ation in respect of above-mentioned

T:V

channels as may be laid down/asked for by the Ministry

of

Information

Broadcasting from time to time.

iii)

I

undertake to provide the necessary equipment and facility for continuous

monitoring of the broadcaster service at my own cost and preserve the recordings

of broadcasting materials for a period of 3 months from the date of broadcast and

produce the same to Ministry

of

Information Broadcasting

or

to its authorized

representative as and when required.

Signature

Name

Designation

Seal

of

Company

Application for down/inking

V

channel in India

8



ft

C ·· ···,.? · } F b R i V I / i B · · · ·

: < ~

~ 1 ' : . : : · ; ' % { ~ ~ ~ f l ~ ~ i : / : ~ f · " ~ ~ " ; l i l l : · : ; ~ \ ·

·

·

AFFIDAVIT/UNDERTAKING

[For Entertainment TV Channel/News Current Affairs TV Channel]

(on Rs 100 Stamp Paper Notarized)

WHEREAS M/s.--------------------------------------------------------------have applied to the

Ministry of Information Broadcasting for approval/permission for downlinking of a

TV channel ------------------ ---------- ---------

WHEREAS information have been provided in Forn1

1

supported by affidavit in Fonn

lA and declarations in Table

I

along with other related documents (i.e. Memorandum and

Articles

of

Association, project repmi, satellite lease agreement, etc.)

WHEREAS we understand that the information given in the application and in Form lA

lC and Table

I

and other related documents form a composite part of this permission.

We submit that our chmnel is purely an Entertainment TV Chmmel/News Current

Affairs

1'V

Channe

1

and· have/does not

h a ~ e

any. news or current affair s based

p r o g r a m m ~

We hereby undertake that in ·accordance with the guidelines for down linking of TV

channels, we will seek fresh permission from the Govt., should there be a change in the

Programme content

of

the channel to include news/current affairs along with a change in

the ownership pattern to include any element of foreign equity/management control and

that prior information

of

any such proposed change shall be given to the Government.

We also undertake

to

supply information,

in

the format

as

prescribed by the Govt. from

time

to

time.

For and

on

behalf

of

M/s

--------------------

Authorized Signatory

Seal

of

the Company

Date

Place:

Application for

down inking

TV

channel

n

India

•

9

; J > ~ ~ ~ > ~ ~ . . . . . ~ ~ ~

-

..

_ _,.,..

__

2



. < .. __-0/ .

Report

on

Tariff issues related to. Cable

V

servlces in

n o n ~ C A S areas

•

submitted to

the Hon ble

Supreme

Court of

India

.

.

in

p_ursuance

of

its Orders

dated

13th May, 2009

passed· in

Civil Appeal Nos.829-833

of 2009

by

Telecolm Regulatory

Authority of

India

(TRAI)

New

Delhi: July

21,

2010

Mahanagar Doorsanchar Bhawan

Jawahar Lal Nehru

Marg

New Delhi-

110 002

t f9

1

[



;

I

I

I

f

_ ,., \.... }

3. 69 A limited number

of

pay channels provided information

at a

ch nnel

level (and even this was partial in most cases). In the absence of

comprehensive an<i broad-based channel-wise information -

the

estimated cost oase r\;l.ns the risk of

not

acc11rately representmg the

cost b se of the broadcasting sector. In addition, variations

in the

business

model of

the

broa4caster can significantly impact the cost

b se

of a channel. A simple genre-level average cost for tariff

determination

c nnot·

adequately rep;resent the variety of

business

modetls

present in

the

broadcasting sector today. This fact is reflected

in the comments received from stakeholders on the collated genre level

d t provided in the consultation paper. To provide .a fully accurate

represent ation of . v.a.rious channels in the i n d u s t r y ~ · a multi

dimensional framework is required with hu,ndreds of possible

permutations

nd

combinations. As

the

model becomes more nd

more accurate, the number of price points i ncrease - finally lead,ing to

a point where the applicable numerators equal the n u m ~ r of

channel s available.

3.70 These dimensions/ points -of variance include the business model;

ownership structure, network strength nd popularity of

the

channel. ·

Some of these factors are i ·whether it is a standaJpne

ch nnel

or a

n ~ t w o r k o w n e d

c h a n n e l _ ~ I ] ; ~ q : Q u ; : . h a n . p . e J l w i l l

able to operate a:

significantly lower capital

nd

opera_ting costs vis-a-vis a

st nd lone

___ ... ·-··.

~ . ? . ~ t f ~ l py J ~ v e r a g i n g r i e ~ o r j . < s y n e r m e ~ ; li whe.ther it ~ ~ s . <;>riginal

=:.;._

__

.

content production or it follows " :•. syndicated content model - a

. . . .

.

~ h ~ n n e l

operating on SYndicated conte nt may be able operate

at

loVJer

cost of content vis- a-vis competito?:s;

i1i

wh t re the m rkets of its

presence - cost of operations for a channel may diller. (due to

i ~ [ ~ ~ t ~ c t ~ ·

nd d i ~ : ? t r i b u t i o n costs) based on the number. nd

n ture of market s it chooses to be pre sent in;

iv

whether the entity is

-- · - ...

.

• • t •

vertically integrated - v:ertically integrated companies may be able to

benefit from economies of scale thereby reduci?-g

J:I:> eir

operating

a n d ~ r capital costs.

97

?o

5

2.A Genre

- ~ - - - . ~ - - ~ - , _ . , . ~

GEC

; l l ~ Q £ f . l ] . ~ J i Y J . ~ · - · · - .



. I

I

.;

Rewnue

INR

c r

346

i

Adwrtising Rewnue

JNR r

- - - m - r , . ~ - - - - s - 2 % '

Subscription

Re\enue

INR r

28

i · .

8%

QperatingCosts INR r 367.

Earnings before loteresl, Taxes, Depreciation and Amortization (EBIIDA)

l (fapital ~ e n d i t u r e Year 1 -Year 5

···.

. ( ~ , .

%

INR r

35 j

4

Genre

~ T - ~ ~ ~

. l i € , ~ ~ - ~ § : ~ ~ - - - ·

. .

Re\enue INR r

·

- 1 ~ + · - · - - - - · - · -

Advertislng Rewnue

INR r

f JJ.

.

_..97

Subscription Rewnue 1

INR r

1 ~ - - - - - ~

Operating

Costs •

INR Cr

•

:ttL

Earnings belbre Interest,

Taxes,

Depreciation

and Amortization

(EBITOA) %

-244 1

Capii;I Expenditure Year 1- Year 5 · . '

INR r

50 l

~ . . • I · ~ . . . . . ~ ~

Table 3.2: Representa1;ive figu,res

for

Broadcasters {Step One}

3.7 However

these

figures were o b ~ e r v e d not to provide a ·true

representation

of

the

financial

health

of the

industry. First,

while

figures for several genre s sho wed negat ive EBITDA rp.atg: ns - this

is

in

•

contrast to the profit margins declared by several publicly listed

broadcasters.

Several companies

have declared

profits;

such

as

TV

Today Network Ltd.

(28%),

Zee Entertainment

Enterprises

Ltd.

(39%),

.

Zee News Ltd.

(16%) and Sun

TV Network

(47%)15, Second,

this

was

aJso

in contrast

to

the

growth trends projected

by industry

research

.

.

.

such as the

FICCI

Fr8Jl'l.es report released in

Ma;rch

2010).

Third,

these

negative figures did not provide a logical explanation for the

recent

growth in the number

of channels

and the number of

applicants awaiting approval for a broadcast license. In the last few

I

years, the number of

TV channels

has

increased

from

136

channels in

•

the year 2005 to around 550

channels

today. The exponential growth

in the number

of

channels and

a

large waiting list of channels

for

· approval indicate that

there is

a

strong

business case for television

channels. This variance from general industry

trends.

may

be

on

account

of several

reasons.

It

includes

variations in the

operating

m o d e ~

of channels and/

or the

inclusion of

channels

at the

early

stages of

growth,

which is

li.kely

to push down

the

average margins.

The

channel-wise averages also

depend on the allocation methodology

adopted by various networks

.

il

1

5

Based

on

published

annual

reports posted

on

company websites, financial results for

the {

li

year

n ~ g

March 2009 ,

J

61



. .;;



Average duration per hour of Advertisements during peak hours ( 7PM

10

based

on

the data submitted

by

these ( 11)* broadcasters to TRAI and

as

with the the

Subscription rates

charged by

these Pay

TV

Broadcasters

operators in India, per month per Ordinary Subscriber TV S_et. As per

Satellite TV Channels, pennitted issued licenses by

Tb.e

Ministry

Of

In

average duration pernour of advertisements during peak hours

as

prescribed

Cable Television Network Rules 1994 .

s.

No

1

2

3

. A

Name of the Broadcaster

Com

an ' Name of Channel A

h

R

R

M

STAR India Pvt Ltd

Movies OK

Jl4

STAR India

Pv.t

Ltd

STAR PluS

114

STAR India Pvt

Lt-d

Life OK 114

...



I

4

STAR India Pvt Ltd

STARPravah

5 STAR India

Pvt

Ltd

' ~ S T A R

World#

6

STAR India Pvt Ltd

FoxFx

7

STAR India

Pvt

Ltd

STAR Movies

8

STAR India Pvt Ltd

Channel [V]

9

STAR India Pvt Ltd

•

STARPlusHD

10

STAR India

P Vi

Ltd

STAR World HD #

•

11

STAR India Pvt Lt d

STARJalsha

.

-

12

STAR India Pvt Ltd

STAR Movies

HD

•

13

STAR India Pvt Ltd

STAR Gold

-

14

STAR India Pvt Ltd

Jalsha movies

·:

MAA

MOVIES

15

MAA TELELVISIONNETWORKLTD

16

MAA TELEL VISION NETWORKLTD

MAAGOLD

.

17

M

TELELVISIONNETWORKLTD

.

MAAMUSIC



'

-

18

MAA

TELELVISION NETWORK LTD

MAATV

19

NGC Network (India) Private Limited

Nat

Geo Channel

-

20

NGC Network (India) Private Limited _Fox Life

.

21


FoxLifeHD

22

ASIANET COMMUNICATIONS LTD

Suvarna

23

ASIANET COMMUNICATIONS LTD

Asianet

24 ASIANET COMMUNICATIONS LTD

- Asianet Plus

25 ASIANET COMMUNICATIONS LTD

Asiane t Movies

-

26 ASIANET COMMUNICATIONS LTD · Suvama Plus

27 VIJAY TELEVISION PVT LIMITED

Vijay

TV

All these (27)

above

listed News and Non News Pay

TV

Channels are direc

COMEDY

28

Viacom18 Media Private Limited

CENTRAL

29


MTV

'



30

Viacom 1 Media Private Limited

SONIC

31 i a c o m ~

Media Private Limited

NICK

........

32 Viacom18 Media Private Limited

COLORS


<:OLORSHD

34

TV

18 Broadcast Ltd

CNBCAWAAZ

35 TV 18 Broadcast Ltd

IBN7

l

36

TV18

Broadcast Ltd

CNBCTV18

37

TV

18 Broadcast Ltd

•

CNN-IBN

j

38

IBN

Lokmat News Private Limited

IBNLokmat

39

Panor ama Television Private Limite d

ETV Rajasthan

40

·Panorama Television Private Limited

ETVU.P.

141

Panora ma Television Private Limit ed

ETVUrdu

42

Panora ma Television Private Limite d

ETVBihar

t

~ l o r s

1Etv

Marathi43 Prism

TV

Private Limited

'

Colors JEtv



44

Prism TV Private Limited Gujarati

Col ors

lEtv

45 Prism TV Private Limite d

Kannada

.

46

Prism TV Private Limite d

Colors lEtv Bangia

47 Eenadu Television Private Limited

ETV2A.P.

48

tEenadu

Television Private Limited TV3

-

All

these (21) above listed News

and

Non-News Pay

TV

Channels are directly

owned

49 Turner International Ind ia Pvt. Ltd. POGO 1

.

-

-

50 Turner International India Pvt. Ltd.

Cartoon N etwork

---

----

1

All these 2) above list ed Non-Ne_ws Pay

TV

Channels are direct ly owned_ co

-

.

51

Multi Screen Media Pvt. Ltd.

SABTV

1

52 .


ISONY

TV

. 1

53 Multi Screen Media Pvt. Ltd. SET 1

-

lo

: . ~ . J

-

-



54

Multi

Screen

Media Pvt. Ltd. MAX2 1

-

55 Multi Screen

Media

Pvt. Ltd.

MAX TV

1

56


AXN

1

57

Bangia Enterta inment Private Ltd

I

SONYAATH

1

All these 7) above listed Non News Pay

TV

Channels are directly owned C

Discovery Ch

58 Discovery Communications India

Tamil

•

1

Discovery Channel

J

59

Discovery Communications India

60


.

Animal

Planet

1


TLC . 1

Discovery S-cience


1


Discovery Turbo

1

-

-

-

64 Discovery Communications India- -

Discov-ery Kids

1



I

J

65

I

Discover y Communications India

I

I I

D Investigation

I I o

All..these

(8)

above listed Non News Pay

TV

Channels are directly owned

a

66

SUN TV NETWORK LIMITED

UDAYAMOVIES

. 1

67 .


SUN

TV

1

68

SUN TV

NETWORK LIMITED

·

SUNTVHD

1

1

69 j

SUN

TV NETWORK LIMITED

KIRAN : 1

70 .

SUN TV

NETWORK LIMITED

UDAYAMUSIC

1

1 1

.

-


GEMINI MOVIES 1

72

SUN

TV NETWORK LIMITED

SUN

MUSIC

. 1

73 SUN TV NETWORK LIMITED

SBNMUSICHD

1

74

,

SUNTVNETWORKLIMITED

KTV

1


KTVHD

1

76 SUN

TV

NETWORK LIMITED

GEMINI TV

j

,15

f



77

SUN TV NETWORK

LIMITED.

GEMINITVHD

78 SUN TV NETWO RK

LIMITED

·

SURYATV

79

SUN TV NETWORK LIMITED CHUTTITV

.

80

SUN V NETWORK LIMITED UDAYATV

UDAYA

81

SUN

TV

NETWORK LIMITED COMEDY 1

82

SUN

V

NETWORK LIMITED SURYAMUSIC 0

83 SUN

V

NETWORK

LIMITED

ADITHYA

1

84


GEMINI MUSIC 1

GEMINI

85 SUN TV NETWO RK

LIMITED COMEDY

. 1

86

SUN

V

NETWORK LIMITED CHINTUTV 1

87

SUN

V

NETWORK

LIMITED

KOCHUTV 1

.

88

SUN V NETWORK LIMITED

SUN NEWS 1

89

SUN V NETWORK LIMITED

-KUSH

TV

1

90 SUN

V

NETWORK LIMITED SUN LIFE 0

u



All these (25) above listed News andNon-News Pay TV Channels are directly

91

NDTV Lifestyle Limited

NDTV Good Times

92 New Delhi Television Limited

NDTV India

93 New Delhi Television Limited NDTV

Pr{)fit

·

All

these

3)

above listed News

and

Non-N.ews Pay

TV

Channels are directly o

94 9X Media Pvt. Ltd.

9X

Jhakaas

95

9X Media Pvt. Ltd.

9X Jalwa

96 9X Media Pvt. Ltd.

-

9XM

1

97 Paul Entertainments Private Limited

9X Tashan

All these 4) above listed Non-News Pa

_

8

j

Genx

Entertainment

Ud

l

Bindass

o

J

-



99

· Genx Entettainment Ltd

UTVAction

100

UTV

Entertainment Television

Ltd

Bindaas

Play-

101

UTV Entertainment Television Ltd

UTVMovies

102

The \Vait Disney C.ompany (I) P Ltd.

Disney

. 103

United Home Entertainment Pvt Ltd

Hungam a

ll

these 6) above listed Non-News Pay TV Channels are directly I indirectly o

104

TV TODAY NETWORK LTD.

- AAJTAK

105

TV

TODAY

NETWORK LTD.

HEADLINES

TODAY

106 TV TODAY NETWORK LTD.

TEZ

-

llthese

3)

above listed News Pay

TV

Channels are directly owned and cont

107

MCCS India Pvt. Ltd.

ABPM.ajha

1108

MCCS India Pvt. Ltd.

ABP Ananda

ll

these (2) above listed News Pay TV Channel s are owned by Mls. Media Con

-

-

11 * Broadcasters that directly indirectly or through group companies

own

these

Broa<Jcaster Companies as per the List of 763 Private Satellite TV Channels Perm

'f;,

DAS

RIO

Rates Non DAS

Rates

*As

Charged from

DPOs,

per TV

Set /M



, recover from the Subscribers

Note

1:

The above-details/ information/ data compiled is based

on

TRAI publis

.,,

2015 with " Average duration per hour of Advertisement (Commercial

Self

p

News and Pay TV News Channels. 23 Feb-{ )lstMar 2015 (Report -1) -Publish

Sept 20151

29

Jun- 27 Sept (Report-3) Published Dec 15 (Duration

of

Adverti

Clock Hours basis, not as provided

and

published for peak hours7PM-10PM

Note

2: Rates

of

above Pay TV Channels for DAS and Non DAS subscriber, ch

are based

on

the Broadcaster publishe d RIO (Reference Interconnect

Offer)

and

Pay

TV

Channel A'ggregator and Distribution Company as offered to the DPOs

DAS Cable TV, DTH, HITS and IPT V Operators in India and those have also b

•

·

and International

DPOs

have

not

been

incorporated in this above report)

Cbaimels marked

#

Are Internati onally Shown ( Refurbished ) Pay TV channel

Indian languages, Hindi and Tamil.

.

~

~

. .. .

· : . ~ o r n e Cable

etwork (P)

Limited

@

I

CIN

:I

U748990ll995PTC:071666

l'tww.homedigital:tv

DIGIT L



b -1

.

Without

Prejudice

By

SPEED

POST AD

I

Email

To

TI1e

Chairperson

Telecom

e ~ a t o r y

Authority of India

Mahanagar Doorsanch.ar

Bhawan

Jaw.iliar Lal

Nehm

Marg

,

New

Delhi-IIO 002

Also

to

' The

S e c r e ~

,

Mini5try of

nf<;mnacion Broadca$ting

'

Government

of

India.

.

Shastn B h a w ~ n , A Wing

New

Ddhi- IIO OOI

·Dated:

8th December 2015

Subject : Advertisement report I

data

on 1V

c;han,ne s as

submitted Qy TV

chaJ;w.cl.5

to

TRAI a.nd the report on a v ~ e dwation of advertis®ents (

Com;merc:W.

& SelfPromotion)

duri,ng peak hows 7 pl)).-10 pm

iiJ.

Pay TV chaUncls a.nd News

Channels

for the period 29

J u n e ~

29 Septc:;mber 20IS.Report published

by

TRAI on 7th

) e c ~ e : r

2015.

Respected Sirs

Please fmd

enclosed

the Advertisement

Report

issued

by

TRAl

dated

7th

Dece,mber

2015.

These

I

02 Pay TV a.nd

News Channels are in

dwberate,

contin\.le4

violation of he Progranune

and Advertising Code

prescribed under

the

Cable

Television Networks Rcle 1994. Rule

I 0 I I Advertising

Code.

(I ) No progr;unme sMI

Cil rt:y

a<:/vert;isements

~ l ; c e d i n g

tv.re/vc

miiJT.Jtes

per

hour..<: which

may

inc;:/ude

up to ten minutes per ho(lr

of

commercial

.advertisement;s, a,nd

up to

t;wQ

minutes perhowof

he

channef's

self.promot;ional progra.r:nmes.

It is

also

pertinent

to

mention that every

News or

Non-

News

Cha,nnel seek.l,ng pennission to

downlink or

t;tphnk

a TV

Channel

in India tmder

Fom l IA

gives a sworn affidavit /

tmdertaking

t h ~

c;learly states (R elevant Para's

are

reproduced below)

WHERliAS

as

a condition

precedent

to

above

.approval/

e.t:mission,

I

wn

reqaired

to ab1de

the l(rogramme Code

a,nd Advertising

Code prescribed under the Cable T devision .l'Yenvork

(Regulat.ion)

Act:,

I99S

a.nd

the Rvles passed thereunder.

WHER.J;'AS

.have read the

.abovementioned Programme

Code ;md

Adverti$ing Code.

Tel. : -,-91-11-26331100

Fax

: ..;.91-11-26922347

E mail : [email protected]

f

•

Corporate Office :

Unit-30, Block-III,

Tribhvvan Complex

New

Oelhi-110065 (India )

Pagel of 2

Registerec;f Office :

19, CSC (DOA), Sukhdev Vihar

New Oelhi-110025

India)

t l ~ 3

i

. _ ...

' ' '

. . : .

C/1,

B t F

£S·



Wl- EREiAS1

tJJ1derstand

t.h,at

che permission/approval so

gra,nted ca,n

he

withdrawn,

i tail to

abide by the saidProgramme &"Advertising Codes.

Now, t;{lerefore, I hereby

UJ1dert¥.e

as

fOllows;

t) I undert:a.ke to

abide by

the

Programme

Code and Advertising

Code

laid down by the Ministry of

lnf01:111ation ' Broadc:JSting_ Government oflnc/ia fi:om time to time.·

ii)

I undertake to liu:nish pen9dic info1:111ation relating to public complaints. programme contents

and

a.ny

other info1:111atioiJ.

in respect of

bove -mentionedTV

Cha.nnels a,s m;zy be

laiddown sked

forb;' d1e Mi nistry

of

nfo1:111ation &'Broadcasting fi:om time to time.

. 1

.

In view of his deliberate and continued violations by these permitted/ licensed Pay TV, News

and Non -News TV

cha,nne.Ls

it necessitates an immediate cancellation of the Uplink and the

Downlink permissions granted to these Broadcasters by the Government of India. Vlhereas it's

the duty

of

he regulator

(TRAJ)

to enforce the terms and conditions

of

he license, unde r section

I I

of

the TRAI A c t ~

It is also p e r t i n e n ~

to

mention here, tha t ahnost all these .102 TV channels.that are in continued

violation

of

he

Law/

Act/ Rules and the prescribed License Conditions are Pay

TV

Channels

That are charging monthly subscription from ahnost

I45

Million Cable and Satellite Homes

in

the Country through the respective DPOs

Whereas, as per the Advertisement rate card

of

these Pay TV channel broadcasters they are

charging an average Rs.

(2)

Two Lac per IO Second Advertising Spot during the prime time.

7

pm..:. ro pm. •

Than.king you in anticipation of an exemplary action, that to be a deterrent for chronic violators .

of

the Law

of

the Land.

)w

Vikki

Choudhry

Managing Director

For

Home

CJble Network [P] Limited

Copy To:

The Hon ble Prime Minister of India

9=·-Fuu t EvJ FRitNiJS L.U..tJH

ED? :\'?'/ l l . } ( : ) . : i ~ . l i. 'l

Ca.tnter

t b ; l t : f · ~ ; il

io:

i lf l

k f £ R S I J ~ 'i RAi

•

I ~ ~ Pli'l:

uw;:.;:

Froo:lil'E c:A.£LE t£Tv.lii:l\ L • : -•

W t : 2 ~ r a m s .

~ t : ? t .w

.liili2i2\Jl::;

. 1 • 1 : ~ ·

iaxes:Rs.4.(X:J<<iracy.

c;-,

II.I,..W.II:o;.;,.:.-.::.rJs JV.

•

ff·-fw

r t::W

FRitNUS

0 . \ . t J ' ~ · r

I : : . D 7 ~ T 7 . L 4 , ~ ) c l i : t : t i··t

Loo.nter t h u . C f · - L o d ~ : : I r

i

o:SEC

il I BC.

leJ iBlil. PH4:il(v...J

Fmll:I-U E CARE t€nli.h

r

L . r ~ ·

Wt:25arams.

Hllh2't 00 .(fii12/.:.'015 , lt.f:il

Taxes:I\'S.4.0CK<.Jrao-:. m II.W.Il,jndi,ol[,i:t.G(.'.·,1

Page 1

of2

t;.b

·· d ~ i

Chaudhry

• ~ ~ ~ · ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

From:

Pate:

Vikki Choudhry

<[email protected]>

Tuesday, Dqcember

8, 2015

1:16PM



To:

Chairman TRAI

<[email protected]>;

Secretary TRAI

<[email protected]>; <[email protected]>;

Secretary

MIB

<[email protected]>;

PS to

Secretary (I&B)

MIB

<[email protected]>; PPS

to

ADI)L.Secretary MIB <[email protected]>; Shanker Lal-MIB <[email protected]>;

TRAI

<[email protected]>

Cc: Prime Minister ofIndia <[email protected]>; Principal Advisor PMO <[email protected]>;

Hon'ble Minister

I&B MIB

<[email protected]> ,

Attach:

Subject:

Advertisment_report-07122015.pdf; Sroadcaster Advert vs Subscription logic Calculator.xls('

TV Advertising Report dateo 7th Pee 15 issued by

TRAI

· ·

To

The

~ h i r p e r s o n

Telecom Regulatory Authority of India

.New· Delhi

,Also

to

The Secretary

Ministry of Information & Broadcasting

Government of

India.

Shastri Bhawan, New Delhi

Subject: Advertisement report Idata on

TV

channels

as

submitted by TV channels to TRAI and

. the report on

average

duration

of

advertisements ( Commercial

&

Self Promotion ) during peak

hours 7 pm -IO pm in Pay

TV

channels and News Channels for the period 29 June - 29

September 20IS Report published by

TRAI

on

7th

December 20I5.

Respected Sirs

Please find attached the Advertisement Report issued by

TRAI

dated

7th

December 2015.

These 102 Pay

TV

and News Channels

are

in deliberate, continued violation

of

the Programme

and Advertising Code prescribed under the Cable Television Networks Rule I 994. Ru1e 7) I 0

&

I I Advertising Code.

( I

No programme shall carry advertisements exceeding twelve mi nutes

per hours, which may include up to ten minutesper hour o f ommercial advertisements, and up tc

two minutesperh&ur o f he channel's self-p romotional programmes.

It

is also pertinent to mention that

every

News or Non- News Channel seeking permission to

downlink or uplink a

TV

Channel in India under Form - IA

gives

a sworn affidavit/ undertaking

that clearly states (Relevant Para's

are

reproduced below)

"WHEREAS as a condition precedent to above approval/permission I am required to ab1de by

the Programme Code

and

Advertising Code prescribed under the Cable Television

Network

(Regulation) Act: I995 and the Rules passed thereunder.

WJ- EREAS I have read the abovementioned Programme Code

and

Advertising Code.

•

19-Dec-.15

a g ~

2 of

-,w

. V -- 'f3Rf:;,AS

I understand that the permission/approval so granted

em

be withdrawn, i f f£ul to

a by the said Programme Advertising Codes.

l

Now, therefOre, I hereby undertake

as

fOllows:

1) I

undertake to abide by the Programme Code

and

Advertising Code laid dpwn

by

the Ministry

1

£l·



1nf0nnation &{Broadcasting, Government of1ndia. from time co tiine.

11

I undertake to fUrnish periodic in Onnatioh relating to pqb lic complaints. programme contents

and

any other in Onnation

n

respect

o f

above

-mentioned

TV

Channels as

may

be

laia

down/asked /Or by the

Mini<;try

o f nfOrmation Broadcasting fi:om time

to

time.

In v1ew o f hi<; deliberate ·and continued violations

by

these

pennitted

/licensed Pay TV, News

and Non

-News . TV

channels i t necessitates an immediate cancellation

o f

he Uplink and the

Downlink pennissions granted to these Broadcasters

by

the Government o f ndia. vVhereas it's

the.

duty. o f he regulator

fRAI)

to enfOrce the tenns and conditions o f he license, under section I1

o f

die TRAJAct. •

It

is also pertinent to mention here, that almost

aU

these 102

TV

channels that are in continuea

violation

o f

he

Law/

Act Rules and the prescriped License Conditions are Pay

TV

Channels

'

.

That

are

charging

monthly

suqscriptioh from almost

145

Milian

Cable a.nd Satellite

Homes

in the

Country through the respective DPOs II whereas, as per the Advertisement

r;J.te

card

o f

hese Pa;

TV channel broadcasters they a.re charging

a.n

a.vera.ge Rs..(2) Two Lac per 10 Second Advertising

Spot during the prime time. 7 pm - 10 pm. (Please also find attached a Broadcaster

Advert

vs

Subscription Ready Ca.Jculator)

Thankingyou in anticipation o f n exemplary action, that to be a deterrent

Or

chrome violators 1

the Law o f he Land

WJ{:h Best Regards

Vikki

Chaudhry/ lfanaging

Director

Home Cable Network [PJ Limited

E: vikki@h'omedigital.tv

M +;9I 98III 44467

W.· www.homedigital.tv

19-Dec-JS

~ - ' \



........

TV CHANNEL

ECONOMIC

MODEL

j

OF

A

PAY TV

.

OPTION -I

TV Channel

l •

NR

Crores

Duration

of

Advertisemen

Revenue - Advt Spot

10

requirement 100 time second

Operating

Rs l

Expenses

80

Advt Spot Charges S e ~

Total Advertisement

spots required in a

Capital Expenses 20 year

500

Total

Advtspots

Reasonable Profit 20 required in a day

1370

Total Revenue Total Advt spots

Requirement

120 . required in an hour

57

· - Hence Total Advt

Total Revenue 120 minutes in a hour

9 5

57

Spots

in

an Hour means

5

i

Advertisement Revenue

50 .

or

9.5

minutes

i . Total Advertisement

Subscription Revenue . 70

~ v e n u e

in a year

5,00,

J l

OPTION II

If

monthly

subscription charges are

increased

by Rs. 0.84

per

month

an

advertisement

is

required at

all

to

be

inserted

in

the Pay TV

ChanneL

Homes)

l l

J

l l

, Average duration

per

hour of Advertisements (Commercial Self promotional)



\

dtlring peak hours ( 7PM

10

PM) in Pay News Channels for the period 29 June

To 27 September 2015

S

Name of Broadcaster Name of the

Average

No.

I

Channel

duration

per

hour

of

Advertiseme

nts during

1

peak hours

(in minutes)

1

ZEE

AKAASH

NEWS PVT. LTD.

24GHANTA

20.99

2

Panorama Television Private Limited

ETV

Rajasthan

20.67

3

ZEE

MEDIA

CORPORATION LIMITED

24TAAS .

20.52

4

IBN Lokmat Ne\vs Private Limited

IBN Lokmat 20.48

5 New

Delhi Tdev1sion Limited

NDTVIndia

19.54

6

a n o r a r ~ a Tefevision Private Limited ETV Bangia 18.85

7

ZEE

MEDIA

CORPORATION LIMITED ZEENEWS

18.17

8

Panorama Television Private Limited ETVBihar

18.14

9

TV

TODAY NETWORK

LTD. AAJTAK

17.89

10

TV

TODAY NETWORK

LTD.

9

DILLI AAJTAK

15.97

11

ABP News Networ k Pvt. Ltd. ABPMajha

15.97

12

Panorama Te.levision Private Limited ·

ETVUrdu

15.87

3

New Delhi Televisioni...imited

.

NDTV Profit 15.69

14

TV TODAY NETWORK

LTD

TEZ

15.37

15

TV18 Broadcast Ltd

IBN7

15.35

16 AB;p

News Network Pvt. Ltd. . ABP Ananda 14.96

17

Panorama Television Private Limited ETVU.P. 14.93

18 TV

18 Broadcast Ltd

CNN-IBN

14.68

19

ZEE

MEDIA

CORPORATION LIMITED

ZEEMP

14.60

Chattisgarh

20

ZEE

MEDIA

CORPORATION LIMITED

ZEEKannada

13.84

21

ZEE

MEDIA

CORPORATION LIMITED

ZEE

Telugu 13.83.

22 TV18 Broadcast Ltd

CNBCAWAAZ 13.79

23

EENADU TELEVISION PRIVATE

ETV2

13.22

LIMITED

24

EENADU TELEVISION PRIVATE ETV2A.P. 13.22

LIMITED

25

TV TODAY NETWORK

LTD.

HEDLINES 12.94

TODAY

26 TV18 Broadcast

Ltd

CNBCTV18 12.85

27

ZEE

MEDIA

CORPORATION LIMITED

Zee

Punjab 12.55

~ a n a

Himach

Average duration

per

hour of Advertisements (Commercial

Self

promotional)

during peak hours ( 7PM

10

PM) in Pay News Channels for the period

29

June

To 27 September 2015 The information is based on the data submitted by the

broadcasters and TRAI bears no responsibility for correctness of same. As per

information available with TRAI, rest

of

pay News channels are carrying less than

12 minutes of average duration per hour of advertisements (Commercial Self

promotional) during peak hours (7PM -

10

PM)

\'}. "Q.....



/

39

9X Media Pvt. Ltd.

9X Jhakaas 14.00



40 Sahara India TV Network

Sahara One

13.95

41

Zee Entertainment Enterprises Ltd

Zee Bangia

13.94

l

Cinema

42

Zee n t e r t a i n m ~ n t n t e q ~ r i s e s Ltd

Zee Marathi

13.94

43


GEMINI

13.92

MUSICS

44

STAR India Pvt Ltd

STARPlusHD

13.91

45


Zee Bangia

13.88

46

Prism TV Private Limited

Cofors Mara thi

13.88

47

Zee Entettainment Enterprises Ltd

Zee Talkies

13.86

48


Pictures

13.82

49 Zee Entertainment Enterprises Ltd

Pictures HD

13.82

50

9X Media Pvt. Ltd 9X

Jalwa

13.81

51

Zee Entertainment Enterprises Ltd·

ZeeTV

13.78

52


TV

13.77

53


TVHD

13.77

54 Discovery Commun1cationsindia

.

TLC

13.75

55


Zee Classic

13.75

Cinema

56

MAA TELELVISION NETWORK

MAATV

13.74

LIMITED

I

57


National

13.71

Geographic

Channel

58

9X Media Pvt. Ltd. 9XM

13.70

59 Viacom18 Media Private Limited CO:MEDY 13.68

CENTRAL

60

ASIAl {ET COMMUNICATIONS LTD Asianet

13.67

61

Zee Entertainment Enterprises Ltd Zee Action 13.66

Cinema

62


Discovery 13.66

Channel


MTV

13.64

64 Discovery Communications India Discovery

13.62

Channel Tamil

65 Turner International India Pvt. Ltd.

Cartoon Network 13.62

66

STAR India Pvt Ltd

Channel [V]

13.62

67


AXN

13.61

68

STAR India Pvt Ltd

Jalsha movies 13.59

69


Fox.

Life

13.58

70


FoxLifeHD

13.58

71


ID Invest igation 13.57

.

Discovery

72


Zee Cinema 13.52

73

ASIANET COMMUNICATIONSLTD

Asianet Movies 13.47


SURYA TV

13.44

\

75 Prism TV Private Limited

Colors Guarati

13.44

76 Zee Entertainment Enterprises Ltd

Zee Cafe

13.42


SUN LIFE 13.42

78


Discovery 13.42

Science

79


. SURYA

13.36

\J ·

e

¥-

1-'l

MUSICS



80 Prism TV Private Limited

Colors kannada

13.35

81

Genx Entertaimnent Ltd

Bindass

13.33

82 Zee Entertain'ment EnterErises Ltd Zee Studio 13.30

. 83

p'rism TV Private

~ i i n { t e d

· ·

Colors Bangia

13.29

84


UDAYATV

13.29

85 UTV Entertainment Teievision Ltd UTVMovies

13.28

86 Genx Entertainment Ltd

UTV Action

13.28

87

MAA TELELVISION NETWORK

MAAMUSIC

13.27

LIMITED

.

. ' ' .

..

13.23

8 Viacom

18


NICK

89 MAA TELELVISION NETWORK

MAAMOVIES

13.17

.

.

LIMITED

90


.

COLORS

13.14

91

Raj Television Network Ltd. Raj' TV 13.13

92

Discbvery Communications India

Discovery Kids 13.03

93

Turner Internatiomil India Pvt. Ltd.

WB

13·.oo

94

Reliance Big Broadcasting Private Limited

BIG MAGIC

. 12.99

Ganga

95 Zoom Entertainment Network Ltd Movies

Now

12.87

96 Discovery Commun1cations India Discovery Turbo

12.84

97

UTV Entertainment Televisi01i Ltd

Bindaas Play

12.81

98


SONIC

12.79

'

.

UDAYA9 SUN TV NETWORK LIMITED

12.71

COMEDY

1 0 0 ~


I

CHINTUTV

12.68

101

Paul Entertainnl.ents Private Limited

•

9X Tashan

12.65

102

Turner International India Pvt. Ltd.

POGO

12.65

103

STAR India Pvt Ltd STAR Gold

12.63

104

NDTV Lifestyle Limited

NDTVGood

12:63

Times

105 Zee Entertainment Enterprises Ltd Zing 12.61

106 SUN TV NETWORK LIMITED KdCHUTV 12.4S

107 The Walt >isriey Company (india) pvt Ltd. Disney 12.41

108

.

Prism

TV

Private Limited · ·

Coiors Oriya 12.37

109 Viacom

18


COLORSHD

12.35

I

110

MAA

T E L E l . ~

VISION NET\VORK

MAAGOLD

12.25

LIMITED

. .

.

'

111

AETN 18 Media Pvt Ltd

HISTORYTV 8

12.12

112

Bennet, coleman -

Con: £

any Ltd_

-

Movies Now+ 12.07

The information is

basec}. on the data submitted by the broadcasters and TRAI

bears no responsibility for correctness

of

same. As per information available with

TRAI, rest

of

pay Non-News channels are carrying less than

12

minutes

of

average duration per hour

of

advertisements (Commercial

Self

promotional),

during peak hours (7PM - 10 PM)

//True typed copy//

rr:c

g__



l -1

eEFORE THE HIGH COURT OF DELHI

AT

NEW DELHI

(EXTRA ORDINARY CIVIL JURISDICTION)

WRIT PETITION (CIVIL) NO. 7982 OF 2013



IN

THE MATTER OF:

9X MEDIA PVT. LTO ORS.

... PETITIONERS

VERSUS

TELECOM REGULATORY AUTHORITY OF INDIA

... RESPONDENTS

AFFIDAVIT

I Vikki Choudhry,

S/0

Mr. Raghuraj Singh, aged about 44

.

years,

R/0

B-10,

Friends Colony

West

New Delhi

-110065

do

hereby solemnly affirms and state as under :-

1. That I am director of the applicant Home Cable Network Pvt.

Ltd. and duly authorized vide board resolution dated

11. i2.2015 by the applicant company and also

am

familiar with

the facts and circumstance of the case and hence competent to

swear this affidavit :-

2. That I have read · and understood the content of the

accompanying application, which has been drafted by our

counsel under my instructions. The content thereof are true and

correct to the best of my knowledge based

on

official records,

maintained in the usual course of business and information

received and believed to be true and correct. Legal submission

is based on the legal advice rendered and verily believed to be

true and correct.

VERIFICATION:-

For

~ b ~ ~ a _ o r k

yt

I

DEPONENT

Managing Direc

Verified

at

New Delhi on this

22nd

day of Decemb.er,

2015.

I

Vikki Chaudhry the deponent above named do hereby verify

. that the contents of above affidavit from para 1 to 2 are true to

my knowledge that

no

part of the same is false and nothing

material has been concealed therefrom.

\

L

F o r H P ~ ~ t d

DEPONENT

.

Documents

Home Cable intervention and Stay vacation application in 10+2 AdCap matter