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Finally,
the rules of the news channel game have been spelt
out. It's as good a time as any to examine the implications.
First
the rules.
The Indian Cabinet on Tuesday put a 26 per cent foreign
direct investment (FDI) cap on television news companies
desirous of uplinking from India. This is at par with
the FDI cap prevalent in the print medium relating
to news and current affairs.
The
26 per cent FDI cap, unlike that in other sectors
like DTH and the print medium, is inclusive of investments
in a television news company by foreign financial
institutions, overseas corporate bodies and non-resident
Indians.
Existing
news channels (like CNBC India and Zee News) that
are currently on air but do not satisfy these conditions
have a year in which to restructure themselves as
per the new policy.
The
government has also made it clear that though 100
per cent FDI is allowed in entertainment channels,
if there is any amount - small or big - of news and
current affairs programming, the same terms and conditions
as apply to news channels would be in force in this
case as well.
The
finer points of the new policy would be "finalised
by the I&B ministry as soon as possible."
In a smart move, the Cabinet also decided that the
communications ministry would finalise another set
of guidelines that would stop backdoor uplinking.
Some channels use V-sat networks to uplink from point
to point from, say, Delhi to Singapore. This, the
government has said, would be stopped and permission
for bandwidth for uplinking broadcasting material
through V-sat networks would not be given now and,
if given, then the FDI cap would be applicable as
per the case. Channels like CNBC India use this route,
finally going through Videsh Sanchar Nigam Ltd. (VSNL),
to uplink from India.
Tuesday's
Cabinet decision has to be ratified by the Indian
Parliament when it reconvenes next month.
What are the implications of this decision by the
government?
In
the immediate term, it more or less rules out Star
News being able to uplink out of India on 1 April
D-day, which is when the "new improved" channel replaces
Prannoy Roy's NDTV as far as the content it delivers
is concerned.
The
Virgin Island-registered Star News Broadcasting will
now have to apply afresh or amend its existing application
for uplinking from India after locating an Indian
partner(s) for the venture.
Does
that mean there will not be a Star News on 1 April.
Little chance of that happening. According to information
available with indiantelevision.com, Star India plans
to fly down over 50 people to Hong Kong to anchor
and package news content for the Star News channel.
The
backup plan is simple: have a remote control news
facility in Star's Hong Kong headquarters ready for
the news channel to be put on air once the agreement
with NDTV comes to an end on 31 March. Semi-finished
feed and material could be sent through VSNL to Hong
Kong via a satellite for the graphics to be put in
and read out by the newsreader or anchors. The same
way as other foreign news channels do with programmes
like Question Time India (on BBC) , sacrificing
those precious few minutes in case of important events
when one needs to go live - from the site of the event
to the broadcast centre. But then most foreign news
channels like CNN or BBC don't need to go live from
India so often as do channels Zee News and Aaj Tak
(uplinking from India) because the latter mostly cater
to very India-specific audiences with India-related
news.
Of
course, when the communications ministry comes out
with a fresh set of guidelines, then VSNL too, would
have to adhere the those guidelines while facilitating
uplink from India despite it not being a fully owned
government company any more. As and when the communications
ministry guidelines come in, Star may not be able
to send absolutely finished products.
The
A-priority obviously, will be to get the Indian partners
in place or buy 26 per cent equity stake into an Indian
company that, preferably, has an uplink licence too.
While probable partners in places like Bangalore,
Mumbai and Delhi may have already been sounded out,
getting all the paperwork done will still take time.
And that race against time is what is worrying Star.
But
Star's aim would also be to ensure that the screens
don't go blank for Star News on 1 April. Even if that
means putting on Fox News and BskyB footages under
the garb of Star News with some local content packaged
in Hong Kong. Of course, the US-led invasion of Iraq
will be in full swing by then and will push all other
news aside anyways (assuming of course that it continues
that long). So it gives Star that much more time to
sort out exactly how it will get around this.
After
Star, it is CNBC India that would be hit hard by the
new guidelines. Television Eighteen Ltd, the 49 per
cent Indian joint venture partner in the Mauritius-registered
CNBC India that runs the business news channel, looks
like having a difficult task on its hands to salvage
the situation. The reason being that it is difficult
to visualise the Singapore-based CNBC Asia Pacific
(which holds the controlling 51 per cent stake in
this JV) accepting such a drastic whittling down of
its holding in the franchise.
It needs noting that of the seven feeds that CNBC
has in the region, four (Asia, Australia, Singapore
and Hong Kong) are wholly owned subsidiaries, while
in South Korea it is present through a licencing deal.
A
JV arrangement similar to that of CNBC India exists
vis-a-vis Nikkei CNBC in Japan. Nikkei CNBC is 51
per cent owned by Nikkei and 49 per cent by CNBC Japan,
which is CNBC Asia's Japanese affiliate.
Even if CNBC were to agree to offloading 25 per cent
of its stake (which looks highly unlikely) there is
the "small" matter of TV18 having to raise the resources
to buy out that share.
But
then India is such a big market - and promises to
get bigger over the years - that CNBC may actually
agree to reduce its shareholding in CNBC India. After
all, closing down the business channel - at a time
when CNBC India has managed to establish its brand
equity - would not be the right response to the Indian
government's policy decision, something that is the
prerogative of any country.
Still,
TV-18 insiders indicate that the Indian company is
"best suited" to become the majority partner in the
JV as getting in another company may complicate matters
further. Moreover, when the time comes, TV-18 may
just be able to cobble together the funds to buy the
additional equity stake in CNBC India. Alternately,
some other devise can also be worked out that may
not result in a big outflow of money from TV-18's
coffers.
The
other problem case is Subhash Chandra's Zee News.
Parent company Zee Telefilms would have to restructure
itself to continue uplinking Zee News from Noida,
on the outskirts of Delhi. The foreign shareholding
in Zee Tele, including that of the NRI promoter Chandra,
is much over the permissible limit of 26 per cent.
One possible option could be to create a whole new
company in which the stakeholding conforms to the
requirements. That offers a (relatively) simpler solution
than trying to reorganise Zee Tele.
According
to Zee insiders, the FDI cap should not be too big
a problem as some quantum of shareholding can be transferred
to India and Indians.
For
the other two big names in the fray, the TV Today
Network and NDTV, both at present, have less than
26 per cent foreign holding so there are no issues
there. But any future expansion plans would be what
is of concern to both of them. The restrictions would
likely hamper their efforts.
It's not an easy road ahead for the news channel players.
But those who were hoping for an "Open Sesame" route
were barking up the wrong tree, the government says.
And for all those crying foul, the government does
have a point. No one allows unfettered access in the
news space. And whether you agree or not, there has
been no lack of clarity of thought or purpose in the
framing of these rules.
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