Get Uplinking or Downlinking Channels Permission in India

An Overview of Uplinking/Downlinking Channels Permission in India

Uplink refers to a method of streaming electronic messages to the satellite via a communication channel. On the contrary, downlinking is referred to as a communication channel utilized to receive electronic messages from the satellite. The permit cum authorization is required for performing such an operation in India. Ministry of information and broadcasting reserves the power to grant uplinking/downlinking permission in India.

Conditions to be Fulfilled for Uplinking and Downlinking

Every broadcaster in India has to undergo an authorization process before uplinking or downlinking the TV channels. This need has been raised to a significant level owing to the evolving broadcasting technology, changing market dynamics, and expedited operational development. Realizing this, the Indian Government rolled out the Uplinking and downlinking Policy Guidelines, 2011.

The guidelines provide for the systematic registration for uplinking and downlinking of TV channels via the Broadcast Seva Website.

The broadcaster should keep the following requirements in mind before proceeding with registration.

• Establishing the Teleporter Hub: Teleport or teleport hubs are the communication devices that enable channel streaming to the satellite.
• Application for Uplinking: Uplinking refers to a communication channel that sends messages to the satellite.
• Application for Downlinking: Downlinking refers to a communication channel that helps receive messages from the satellite.

Given the above requirements, the broadcasters are required to file the three applications before commencing uplinking and downlinking operations.

Who can Avail of Uplinking Downlinking Permission?

The applicant firm must be a registered one.

The applicant firm should meet the given net worth requirement:

• For the first teleport: Rs 3 Cr
• For each additional teleport: Rs 1 Cr
• For the broadcast of the first non-news TV Channel: Rs 5 Cr
• For the broadcast of each additional non-news tv channel: Rs 2.5 Cr
• For the first news TV channel: Rs 20 Cr
• For each additional news TV channel: Rs 5 Cr

The overseas funding (FDI) in the registered entity or LLP should not deviate from the FDI policy.

Uplinking Criteria to be Fulfilled by the Applicant

• The applicant firm must be a registered one.
• The applicant firm should meet the given net worth requirement:

  For the first teleport: Rs 3 Cr

  For each additional teleport: Rs 1 Cr

  For the broadcast of the first non-news TV Channel: Rs 5 Cr

  For the broadcast of each additional non-news tv channel: Rs 2.5 Cr

  For the first news TV channel: Rs 20 Cr

  For each additional news TV channel: Rs 5 Cr

• The overseas funding (FDI) in the registered entity or LLP should not deviate from the FDI policy.
• All shareholders must be aware of the application filing.
• The applicant should disclose details about the foreign employee
• The applicant firm must foster a competent operational environment and ample financial stability.
• The leading person of the company should be an Indian.

Downlinking Criteria to be fulfilled by the Applicant

The following are the eligibility requirement for downlinking:

• The applicant firm must be a registered one.
• The applicant firm should meet the given net worth requirement:

  For the first teleport: Rs 3 Cr

  For each additional teleport: Rs 1 Cr

  For the broadcast of the first non-news TV Channel: Rs 5 Cr

  For the broadcast of each additional non-news tv channel: Rs 2.5 Cr

  For the first news TV channel: Rs 20 Cr

  For each additional news TV channel: Rs 5 Cr

• The overseas funding (FDI) in the registered entity or LLP should not deviate from the FDI policy.
• The applicant should disclose the details of the working director(s).
• The applicant should not have any past record of disqualification
• The downlinked channel must have the required license from the relevant authority or broadcaster in the nation of transmission

Documents to be Arranged for Uplinking Downlinking Permission

• Incorporation certification
• MoA and AoA
• List of shareholders and directors
• The audited balance sheet
• Board resolution in favor of Uplinking/Downlinking registration
• Detail of non-Indian employee(s)
• A listicle of equipment in use
• FDI detail if the applicant firm sourced funds from abroad.
• A Document reflecting technical information about the equipment(s) involved with the downlinking operation
• Block schematic diagram concerning downlinking
• Records for the past ninety days

Process for Securing Uplinking Downlinking Permission

Follow the given steps to secure uplinking downlinking permission from the authority concerned

Arrange the Mandatory Documents

Gathering the required Documents as mentioned above is the step in this process. Make sure that all the Documents are in pristine condition to avoid any future hassle.

File the Prescribed Application

In this step, you are required to file the prescribed application. The application can be filed online. Make sure to fill out the application with legit information or else it will encounter cancellation. Once you are done with the filing requirement, head over to the payment gateway for fee submission.

Application Vetting

After application submission, the authority will perform the extension verification of the same along with the attested paperwork. Upon finding severe errors in the application or paperwork, the authority may revoke the request for uplinking or downlinking authorization.

Note: it is worth noting that the authority will vet the application against several grounds, including financial stability, legal adherence, and technical competency.

Grant of Letter of Intent and Fee Submission

After finding no issues with the application and the paperwork, the authority will grant the letter of intent. In response, the applicant is required to furnish the standard fee for the first years along with the performance bank guarantee.

Note: Grant of letter of intent enables the applicant to perform Uplinking and downlinking operations for the subsequent five years. Further, the applicant is also required to submit annual fees for continuing the operation during the validity tenure.

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