NEW DELHI: The government has approved FM broadcasters setting up subsidiaries, 
but the foreign investment limit of 20 per cent would stay. 

The Union Cabinet presided over by Prime Minister Manmohan Singh, however, has 
taken no decision on permitting private FM radio channels to broadcast news.

 FM broadcasting companies are allowed to create subsidiaries and even go in 
for mergers or demerger and amalgamation of companies by way of transfer of 
shares. However, no shareholder, with or without foreign investment, would be 
allowed to change the ownership pattern of the company through transfer of 
shares without the written permission of the Ministry of Information and 
Broadcasting. 

The permission will not be allowed for a period of five years from the date of 
operationalisation of the channel, subject to the condition that the new 
shareholder conforms to all the prescribed eligibility criteria. 

The request for transfer of shares for the purpose of creation of a subsidiary 
company, amalgamation of companies of the same group, de-merger of company etc 
would be allowed within a period of five years on the following conditions: 

The majority shareholders would continue to remain as majority shareholders and 
together should hold at least 51 per cent of the total shares; 

The new corporate entities would also maintain their FDI component within the 
prescribed limit and would not violate the terms and conditions of the tender 
document and grant of permission agreement; 

They should have minimum prescribed net worth and adhere to all the terms and 
conditions of the tender document and the provisions of the agreement; 
The new company would be required to sign a fresh agreement with the Government 
on identical terms and conditions for the remaining period of license of the 
original company; 
The transfer of shares would be permitted only once in the first five year 
period from the date of operationalisation. 
No new tax regime will be designated to provide any incentive to encourage 
creation of subsidiaries, mergers, demergers and amalgamation of FM 
Broadcasting companies; 
Tax implications would be governed by the Income Tax Act of 1961; 
The action taken by the companies need to be compliant with the Companies Act, 
1956. The applicant will not dilute such requirement through its Articles of 
Association or any Agreement.
The changes are aimed at facilitating the policy for the private FM Radio Phase 
II to give fillip to expansion of the sector. 

Information and Broadcasting and Parliamentary Affairs minister Priyaranjan 
Dasmunsi said the changes were made in keeping with the difficulties being 
experienced by private FM broadcasters and to give them financial flexibility 
and promote growth of the sector. 

The immediate beneficiary will be Reliance ADAG's Big FM. Though Reliance had 
housed its FM radio business under Adlabs, it had subsequently applied to the 
ministry for transferring it to Reliance Unicom Ltd (RUL).

Says Big FM VP finance Ismail Dabhoya, "The government approval will help to 
further raise funds independently."

TV Today Network is planning to merge Radio Today with itself. Says Radio Today 
CEO Anil Srivastsa, "Allowing the setting up of subsidiaries is a great step 
taken by the ministry as it will now help the serious players in the business 
to grow. Players who were losing money can now restructure their business and 
make further investments. As for raising the FDI limit, I am sure that in the 
next phase the government will tackle this issue."

My FM COO Harrish M Bhatia welcomes the government's move. "It's a step in the 
right direction and will help grow the industry."

Agrees B.A.G Films and Media Limited MD Anurradha Prasad: "It is a good step by 
the government. This move will help unlock the value and create new potential 
for the FM industry."

 
http://indiantelevision.com/headlines/y2k8/sep/sep101.php
_________________________
Jaisakthivel, Chennai, India


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