New Delhi: A fresh approval of the union cabinet will be sought for the maiden e-auction of Phase III of FM Radio licences as certain new aspects have come to light after the earlier clearance.

The Information and Broadcasting Ministry has prepared a note that encompasses the news aspects and circulated it to the concerned ministries/departments for their views, before it is put up for approval of the cabinet in the next few weeks.

The Information and Broadcasting ministry has said issues such as charging of migration fee from existing permission holders, and specific departures in the Requests for Proposals (RFP) from agencies interested in conducting the e-auction on behalf of the ministry, had not been taken into account when the cabinet approval for the Phase III auctions were obtained on 7 July last year.

The issues relating to the e-auction were pointed out by the inter-ministerial committee set up in November last year and headed by the then additional secretary in the I&B Ministry Rajiv Takroo.

The nine-member committee, with I&B joint secretary - broadcasting Supriya Sahu as the member-secretary, was set up to ‘guide and supervise the process of e-auction and grant of licences to private parties‘ in Phase III.

Meanwhile, the ministry has decided to commence work on the e-auctions and has called for tenders. The pre-qualification of the bidders is expected to be completed in about another two months, following which the companies that qualify will be allowed to participate in the e-auction for FM radio Phase III licences. The e-auction is expected to begin early next year.

FM Phase III Policy will extend FM radio services to about 227 new cities with a total of 839 new FM radio channels in 294 cities. A total of 216 cities and towns will get private FM radio stations for the first time, out of the 302 identified by the government and split into four categories.

In Phase III, 67 of the 86 cities and towns which already have private FM Radio channels will get additional channels. All cities with a population of 100,000 and above are entitled to get private FM radio channels in Phase III auctions.

The committee was expected to finalise and seek approval for the Request for Proposal document for selection of agency for conducting the e-auction, review the auction framework, finalise the auction documentation, conduct and oversee open house sessions for stakeholders, and guide the agency selected for the e-auction.

A separate Appellate Review Committee was also set up to scrutinize the short-listing of prospective bidders headed by the Additional Secretary and Financial Advisor in the I&B ministry. This committee will scrutinize various details including the net worth of prospective bidders and put them up on the ministry website, scrutinize bank guarantees and oversee the other work in that connection.

Private FM Radio broadcasters in North East (NE) Region and Jammu & Kashmir (J&K) and Island territories will be required to pay half the rate of annual license fee for an initial period of three years from the date from which the annual license fee becomes payable and the permission period of fifteen years begins. The revised fee structure has also been made applicable for a period of three years, from the date of issuance of guidelines, to the existing operators in these states to enable them to effectively compete with the new operators.

Apart from the fee relaxation, Prasar Bharati infrastructure would be made available at half the lease rentals for similar category cities in such areas. The limit on the ownership of channels, at the national level, allocated to an entity has been retained at 15 per cent. However, channels allotted in Jammu & Kashmir, North Eastern States and island territories will be allowed over and above the 15 per cent national limit to incentivise the bidding for channels in such areas.

A total of 245 FM channels are currently operational in 87 cities, each with a population of over 300,000 or more.

Meanwhile, All India Radio (AIR) is working on a plan to increase the coverage of its FM Radio channels from 37 to 90 per cent of the population, in a modernisation programme undertaken since 2011 and expected to be completed by 2016. AIR has already covered 99 per cent of the population with its analogue technology channels.

NEW DELHI: Twenty of the 48 show causes issued to regional television channels in the last three years were referred to the self-regulatory bodies of the news and general entertainment television channels.

Only one complaint was referred by the Information and Broadcasting Ministry to the Advertising Standards Council of India (ASCI).

Most of the matters referred to the regulatory bodies - as many as 18 to the News Broadcasters Standards Authority and two to the Broadcasting Content Complaints Council - have been resolved by imposing fines or advisories to the channels.

Advisories were issued by the Ministry in nine cases, and warnings issued in five cases. While one matter is sub judice because it relates to reportage by TV 5 about the death of a former chief minister of Andhra Pradesh, two cases were closed because no violation was found.

Matters relating to programmes by News Live, Jaya Max, Asianet Plus, Kolkata TV, India Vision, SS TV, and NTV are under consideration of the Ministry, and the reply of the Central Board of Film Certification is awaited with regard to telecast of song of adult nature in the case of Raj Parivar TV.

Only one channel ? SS Music ? was forced in the last three years to stop beaming for about a week in February this year, while News 9 was asked to run an apology scroll for three days for telecast of an obscene programme.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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