Policy: Guidelines for Setting up Community Radio Stations

The matter has been reconsidered
and the government has now decided to broad base the policy by bringing 'Non-profit'
organizations like civil society and voluntary organizations, etc under its
ambit in order to allow greater participation by the civil society on issues
relating to development and social change

Basic Principles

An organization desirous of operating a Community Radio Station (CRS) must
be able to satisfy and adhere to the following principles:

• It should be explicitly constituted as a 'non-profit'
  organization and should have a proven record of at least three years of
  service to the local community.

• The CRS to be operated by it should be designed to serve a
  specific well-defined local community.

• It should have an ownership and management structure that is
  reflective of the community that the CRS seeks to serve.

• Programs for broadcast should be relevant to the
  educational, developmental, social and cultural needs of the community.

• It must be a legal entity ie it should be registered (under
  the registration of Societies Act or any other such act relevant to the
  purpose).

Eligibility Criteria

The following types of organizations shall be eligible to apply for
Community Radio licenses:

• Community based organizations, which satisfy the basic
  principles listed at para 1 above. These would include civil society and
  voluntary organizations, State Agriculture Universities (SAUs), ICAR
  institutions, Krishi Vigyan Kendras, Registered Societies and Autonomous
  Bodies and Public Trusts registered under Societies Act or any other such
  act relevant for the purpose. Registration at the time of application should
  at least be three years old.

Educational Institutions

The following shall not be eligible to run a CRS:

• Individuals;

• Political parties and their affiliate organizations
  to these parties>;

• Organizations operating with a motive to earn profit;

• Organizations expressly banned by the union and state
  governments.

Selection Process & Processing of Applications

• Applications shall be invited by the Ministry of I&B
  once every year through a national advertisement for establishment of
  Community Radio Stations. However, eligible organizations and educational
  institutions can apply during the intervening period between the two
  advertisements also. The applicants shall be required to apply in the
  prescribed application form along with a processing fee of Rs 2,500 and the
  applications shall be processed in the following manner:

• Universities, deemed universities and government run
  educational institutions will have a single window clearance by putting up
  cases before an inter-ministerial committee chaired by secretary (I&B) for
  approval. No separate clearance from MHA & MHRD shall be necessary. Once
  the WPC Wing of the Ministry of Communication & IT earmarks a frequency at
  the place requested by the institution, a letter of intent (LOI) shall be
  issued.

• In case of all other applicants, including private educational
  institutions, LOI shall be issued subject to receiving clearance from
  Ministries of Home Affairs, Defence & HRD (in case of private educational
  institutions) and frequency allocation by WPC wing of Ministry of
  Communication & IT.

• A time schedule for obtaining clearances as below shall be
  prescribed:

• Within one month of receipt of the application in the
  prescribed form, the Ministry of I&B shall process the application and
  either communicate to the applicant deficiencies, if any, or will send the
  copies of the application to the other ministries for clearance as prescribed
  in para 3(a)(i) and 3(a)(ii) above, as the case may be.

• The ministries concerned shall communicate their clearance
  within three months of receipt of the application. However, in the event of
  the failure of the concerned ministry to grant the clearance within the
  stipulated period of three months, the case shall be referred to the committee
  constituted under the chairmanship of secretary (I&B) for a decision for
  issue of LOI.

• In the event of more than one applicant for a single frequency
  at a given place, the successful applicant will be selected for issue of LOI
  from amongst the applicants by the committee constituted under the
  chairmanship of secretary (I&B) on the basis of their standing in the
  community, the commitment shown, the objectives enunciated and resources
  likely to be mobilized by the applicant organization as well as its
  credentials and number of years of community service rendered by the
  organization.

• Within one month of the issue of the LOI the eligible
  applicant will be required to apply, in the prescribed format and with the
  requisite fee, to the WPC Wing of the Ministry of Communication & IT,
  Sanchar Bhawan, New Delhi for frequency allocation & SACFA clearance.

• A time frame of six months from the date of application is
  prescribed for issue of SACFA clearance. In the event of non-receipt of such
  clearance from the Ministry of Communication & IT within the stipulated
  period of six months, the case will be referred to the committee constituted
  under the chairmanship of secretary (I&B) for a decision.

• On receipt of SACFA clearance (a copy of which shall be
  submitted by the applicant), the LOI holder shall furnish a bank guarantee in
  the prescribed format for a sum of Rs 25,000. Thereupon, the LOI holder will
  be invited to sign a Grant of Permission Agreement (GOPA) by Ministry of
  I&B, which will enable him to seek wireless operating license (WOL) from
  the WPC Wing of the Ministry of Communication & IT. The community radio
  station can be made operational only after the receipt of WOL from the
  Ministry of Communication & IT.

• Within three months of receipt of all clearances ie signing of
  GOPA, the permission holder shall set up the community radio station and shall
  intimate the date of commissioning of the community radio station to the
  Ministry of I&B.

• Failure to comply with time schedule prescribed above shall
  make the LOI/GOPA holder liable for cancellation of its LOI/GOPA and
  forfeiture of the bank guarantee.

Grant of Permission Agreement Conditions

• The Grant of Permission Agreement period shall be for
  five years.

• The Grant of Permission Agreement and the permission letter
  will be non-transferable.

• No permission fee shall be levied on the permission holder.
  However, the permission holder will be required to pay the spectrum usage fee
  to WPC wing of Ministry of Communication & IT.

• In case the permission holder does not commence his
  broadcasting operations within three months of the receipt of all clearances
  or shuts down broadcasting activity for more than 3 months after commencement
  of operation, its permission is liable to be cancelled and the frequency
  allotted to the next eligible applicant.

• An applicant/organization shall not be granted more than one
  permission for CRS operation at one or more places.

• The LOI holder shall furnish a bank guarantee for a sum of Rs
  25,000 (rupees twenty five thousand) only to ensure timely performance of the
  permission agreement.

• If the permission holder fails to commission service within
  the stipulated period, he shall forfeit the amount of bank guarantee to the
  government and the government would be free to cancel the permission issued to
  him.

Content Regulation & Monitoring

• The programs should be of immediate relevance to the
  community. The emphasis should be on developmental, agricultural, health,
  educational, environmental, social welfare, community development and
  cultural programs. The programming should reflect the special interests and
  needs of the local community.

• At least 50% of content shall be generated with the
  participation of the local community, for which the station has been set up.

• Programs should preferably be in the local language and
  dialect(s).

• The permission holder shall have to adhere to the provisions
  of the Program and Advertising Code as prescribed for All India Radio.

• The permission holder shall preserve all programs broadcast by
  the CRS for three months from the date of broadcast.

• The permission holder shall not broadcast any programs, which
  relate to news and current affairs and are otherwise political in nature.

• The permission holder shall ensure that nothing is included in
  the programs broadcast which:

• Offends against good taste or decency;

• Contains criticism of friendly countries;

• Contains attack on religions or communities or visuals or
  words contemptuous of religious groups or which either promote or result in
  promoting communal discontent or disharmony;

• Contains anything obscene, defamatory, deliberate, false and
  suggestive innuendoes and half truths;

• Is likely to encourage or incite violence or contains anything
  against maintenance of law and order or which promote-anti-national attitudes;

• Contains anything amounting to contempt of court or anything
  affecting the integrity of the nation;

• Contains aspersions against the dignity of the president/vice
  president and the judiciary;

• Criticizes, maligns or slanders any individual in person or
  certain groups, segments of social, public and moral life of the country;

• Encourages superstition or blind belief;

• Denigrates women;

• Denigrates children;

• May present/depict/suggest as desirable the use of drugs
  including alcohol, narcotics and tobacco or may stereotype, incite, vilify or
  perpetuate hatred against or attempt to demean any person or group on the
  basis of ethnicity, nationality, race, gender, sexual preference, religion,
  age or physical or mental disability.

• The permission holder shall ensure that due care is taken with
  respect to religious programs with a view to avoid:

• Exploitation of religious susceptibilities; and

• Committing offence to the religious views and beliefs of those
  belonging to a particular religion or religious denomination.

Imposition of Penalty/Revocation of Permission Agreement

• In case there is any violation of conditions cited in
  5(i) to 5(viii), government may suo motto or on basis of complaints take
  cognizance and place the matter before the inter-ministerial committees on
  Program and Advertising Codes for recommending appropriate penalties. On the
  recommendation of the committee a decision to impose penalties shall be
  taken. However, before the imposition of a penalty the permission holder
  shall be given an opportunity to represent its case.

• The penalty shall comprise of:

• Temporary suspension of permission for operating the CRS for a
  period up to one month in the case of the first violation.

• Temporary suspension of permission for operating the CRS for a
  period up to three months in the case of the second violation depending on the
  gravity of violation.

• Revocation of the permission for any subsequent violation.
  Besides, the permission holder and its principal members shall be liable for
  all actions under IPC, CrPC and other laws.

• In case of revocation of permission, the permission holder
  will not be eligible to apply directly or indirectly for a fresh permission in
  future for a period of five years.
  
  "Provided the penalty imposed as per above provision shall be without
  prejudice to any penal action under applicable laws including the Indian
  Telegraph Act 1885 and Indian Wireless Telegraphy Act 1933, as modified from
  time to time."

• In the event of suspension of permission as mentioned in para
  6 (ii) (a) & (b), the permission holder will continue to discharge its
  obligations under the Grant of Permission Agreement during the suspension
  period also.

Transmitter Power and Range

• CRS shall be expected to cover a range of 5-10 km. For
  this, a transmitter having maximum effective radiated power (ERP) of 100
  Watts would be adequate. However, in case of a proven need where the
  applicant organization is able to establish that it needs to serve a larger
  area or the terrain so warrants, higher transmitter wattage with maximum ERP
  up to 250 Watts can be considered on a case-to-case basis, subject to
  availability of frequency and such other clearances as necessary from the
  Ministry of Communication & IT. Requests for higher transmitter power
  above 100 Watts and up to 250 Watts shall also be subject to approval by the
  committee constituted under the chairmanship of secretary, Ministry of
  Information & Broadcasting.

• The maximum height of antenna permitted above the ground for
  the CRS shall not exceed 30 m. However, minimum height of antenna above ground
  should be at least 15 m to prevent possibility of biological hazards of RF
  radiation.

• Universities, deemed universities and other educational
  institutions shall be permitted to locate their transmitters and antennae only
  within their main campuses.

• For NGOs and others, the transmitter and antenna shall be
  located within the geographical area of the community they seek to serve. The
  geographical area (including the names of villages/institution etc) should be
  clearly spelt out along with the location of the transmitter and antenna in
  the application form.

Funding & Sustenance

• Applicants will be eligible to seek funding from
  multilateral aid agencies. Applicants seeking foreign funds for setting up
  the CRS will have to obtain FCRA clearance under Foreign Contribution
  Regulation Act, 1976.

• Transmission of sponsored programs shall not be permitted
  except programs sponsored by central & state governments and other
  organizations to broadcast public interest information. In addition, limited
  advertising and announcements relating to local events, local businesses and
  services and employment opportunities shall be allowed. The maximum duration
  of such limited advertising will be restricted to five minutes per hour of
  broadcast.

• Revenue generated from advertisement and announcements as per
  Para 8 (ii) shall be utilized only for the operational expenses and capital
  expenditure of the CRS. After meeting the full financial needs of the CRS,
  surplus may, with prior written permission of the Ministry of I&B, be
  ploughed into the primary activity of the organization ie for education in
  case of educational institutions and for furthering the primary objectives for
  which the NGO concerned was established.

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