68th e-auction MPEG-4 slot on DD Free Dish

Admin Team
68th e-auction MPEG-4 slot on DD Free Dish

Prasar Bharati

(India’s Public Service Broadcaster)

Directorate General: Doordarshan

Doordarshan Bhawan,

Copernicus Marg: New Delhi

No. DTH/3(2)/2023/P-VIl/e-Auction (MPEG-4 Slots) Dated: 24/03/2023

Notice for 6th e-auction of DD Free Dish slots

Subject: Notice inviting applications for allotment of vacant MPEG-4 slots of DD Free Dish

Platform on a pro-rata basis for the period from 15.04.2023 to 31.03.2024

1. Prasar Bharati invites applications for allotment of MPEG-4 slots of DD Free Dish Platform on

pro-rata basis for the period from 15.04.2023 to 31.03.2024 through 68" e-auction process to be

tentatively held on 05.04.2023.

2. The e-auction will be conducted in accordance with E-auction Methodology for allotment of

DD Free Dish slots to private TV channels, notified by Prasar Bharati on 27.01.2023 which is

available on the website, http://prasarbharati.gov.in.

3. Only satellite channels licensed by the Ministry of I&B would be allowed to participate in the

e-auction. Only companies holding valid permission from Ministry of I[&B can apply for

participation in e-auction for allocation of DD Free Dish slot.

4. International Public Broadcasters licensed by the Ministry of I & B can also participate in

e-auction.

The applicant company desirous of participating in the e-auction will be required to submit a duly

filled and signed Integrity Pact, in the format provided in Annexure-4

6. Bidding in the e-auction of MPEG-4 slots will be open to all genre (language) Channels at starting

reserve price of Rs. 1,63,50,000/-(Rupees One Crore Sixty Three Lakhs Fifty Thousand Only),

exclusive of GST.

7. Change of name and or logo of a channel placed on DD Free Dish may be allowed subject to

necessary permissions from Ministry of | & B.

8. Interested broadcasters may apply online at https:/fdslots.prasarbharati.org and upload all

requisite documents as prescribed in the application. Please note that it is mandatory to pay the

non-refundable processing fee of Rs.25,000/- online at above portal to submit the application. The

participation fee of Rs. 10.0 Lakhs (Rupees one Ten lakhs only) is to be paid only through Demand

Draft. A copy of the participation fee demand draft is to be uploaded online.

9. Before, starting filling up of online application, please ensure that copies of all documents

provided in ANNEXURE-1, including participation fee Demand Draft, are available with you in

pdf format for uploading.

10. After submission of online application, the original demand draft for participation fee along with

printout of acknowledgement for submission of online application, which will be sent to you

on your authorized e-mail, is to be submitted in sealed cover either in person or by

Speed/Registered Post addressed to Director (Platforms), Room No. 601, Tower-A, Directorate

General: Doordarshan, Doordarshan Bhawan, Copernicus Marg, New Delhi-110001 latest by

03.04.2023 (Monday) by 03.00 P.M.

11. Online training will be provided to all eligible participants before the commencement of actual

e-Auction.

12. If required, Prasar Bharati can extend e-Auction to the next day or as the case maybe.

13. For details like e-auction process, terms & conditions and payment schedule etc. please refer to

E-auction Methodology available on the website http:/prasarbharati.gov.in.

Prasar Bharati reserve the rights to accept/reject/cancel/amend the e-Auction/slot at any time

during the e-Auction or after e-Auction.

For unsuccessful bidders, participation fee will be refunded within three weeks after the

declaration of the results of e-auction.

After the successful conduct of e-auction, a Letter of Allotment will be issued by Prasar Bharati to

the successful bidders along with the payment schedule for payment of bid amount and prescribed

format of agreement to be signed between Prasar Bharati & bidders.


Every successful bidder will be required to sign an Agreement with Prasar Bharati in two original

copies within 15 days of issue of Letter of Allotment. The prescribed format of the Agreement is

available on the website https:/prasarbharati.gov.in.


Successful channels will be placed on vacant Logical Channel Numbers (LCNs) of DD Free Dish,

After completion of e-auction, successful channel may apply giving three options in the order of

preference for allotment of LCN. However, this does not guarantee for placement of successful

channel on preferences given for LCN. All such requests shall be considered by Prasar Bharati in

accordance with prescribed procedure for allotment allotment/change of LCN to private TV

channels, which is available on the website https://prasarbharati.gov.in. Prasar Bharati’s decision in

this regard shall be final.

Successful channels shall be required to make payments as per payment schedule prescribed in

Letter of Allotment which will also be part of agreement to be signed between Prasar Bharati &

successful bidders.

In case of any instalments not paid within the scheduled dates, a notice to this effect shall be issued

to the defaulter to deposit the payment due along with interest @ 14.5% per annum, within seven

days. Interest @ 14.5% per annum shall be charged from the due date of payment. In case the

instalment due along with the interest is not paid within seven days from its scheduled due date, the

Participation Fee along with any instalment already deposited by the Broadcaster/Channel till that

date, will be forfeited and the channel will be discontinued from DD Free Dish Platform without

any further notice and the channel will have no right to be carried on DD Free Dish on vacated slot.


Successful channel will be placed on DD Free Dish after receipt of payment for 1st instalment of

carriage fee, as provided in allotment of letter. In case the Channel Provider fails to place its

channel on its allocated slot within one month of the allotment commencement date, the allotment

shall stand cancelled automatically and the Participation Fee along with any instalment already

deposited shall be forfeited.

In case the Channel Provider withdraws his channel prematurely or terminates the contract

prematurely the Participation Fee shall be forfeited along with any instalment already deposited.

Successful Channels will be required to arrange their own IRD Box in advance at DTH Earth

Station, Todapur, New Delhi, to place their Channel on DD Free Dish Platform.

The Last Date for submission of applications and original Demand Draft is

03.04.2023 (Monday) latest by 03.00 P.M.

Inderjeet Grewal

Director (Platforms)


1. COMMITMENTS OF PRASAR BHARATI

a) PRASAR BHARATI undertakes that no official of PRASAR BHARATI, connected directly or

indirectly with the e-auction process, shall, either personally or through any of his family

members, will demand, take a promise for, or accept, directly or through intermediaries, any

bribe, consideration, gift, reward, favor or any material or immaterial benefit or any other

advantage from the CHANNEL PROVIDER, either for himself or for any person or

organization, in exchange for an advantage to the CHANNEL PROVIDER in the e-auction

process.

b) PRASAR BHARATI shall treat all the applicant channel providers fairly and equally.

¢) In case any misconduct on the part of any official of PRASAR BHARATI is reported by the

CHANNEL PROVIDER to PRASAR BHARATI with full and verifiable facts and the same is

prima facie found to be correct by PRASAR BHARATI, necessary disciplinary proceedings, or

any other action as deemed fit, including criminal proceedings, may be initiated by PRASAR

BHARATI and such person shall be debarred from further dealings related to the e-auction

process. In such a case, while an enquiry is being conducted by PRASAR BHARATI, the e-

auction process would not be stalled, unless considered necessary.


2. COMMITMENTS OF THE CHANNEL PROVIDER

a) The CHANNEL PROVIDER commits himself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of the e-auction process or during

any pre-agreement or post-agreement stage in order to secure any benefit or in furtherance of

securing it.

The CHANNEL PROVIDER shall not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favour, any material or immaterial benefit or other advantage,

commission, fees, brokerage or inducement to any official of PRASAR BHARATI connected

directly or indirectly with the e-auction process, or his family member, or to any person,

organization or third party claiming to be having access to or acting on behalf of such official, in

exchange for any advantage in the e-auction process or thereafter.

The CHANNEL PROVIDER further declares that it has not given, offered or promised to give,

directly or indirectly, any bribe, gift, consideration, reward, favour, any material or immaterial

benefit or other advantage, commission, fees, brokerage, or inducement, to any official of

PRASAR BHARATI, or his family member, or otherwise, in order to influence the e-auction

process, or for showing or forbearing to show favour or disfavour to any person in relation to the

e-auction process.


The CHANNEL PROVIDER will not collude with other channel providers participating in the e-

auction process to impair the transparency, fairness, and progress of such process or

implementation of the decisions taken in the course of such process.


The CHANNEL PROVIDER commits to refrain from giving any complaint directly or through

any other manner without supporting it with full and verifiable facts,


If the CHANNEL PROVIDER, or any employee of the CHANNEL PROVIDER, or any person

acting on behalf of the CHANNEL PROVIDER is a relative of any officer of PRASAR

BHARATI; or alternatively, if any relative of an officer of PRASAR BHARATI has financial

interest/stake in the CHANNEL PROVIDER’s firm, the same shall be disclosed by the

CHANNEL PROVIDER. The term, relative for this purpose would be as defined in Section

2(77) of the Companies Act, 2013.

The CHANNEL PROVIDER shall not lend or borrow any money or enter into any monetary

dealings or transactions, directly or indirectly, with any employee of PRASAR BHARATI,


PREVIOUS TRANSGRESSION, IF ANY, OF THE CHANNEL PROVIDER

The CHANNEL PROVIDER declares that no previous transgression has occurred during the last

three years immediately preceding the signing of this INTEGRITY PACT, with any other entity

in any country in respect of any corrupt practices envisaged here under, or with any Public Sector

Enterprise in India, or any Government Department in India that will justify CHANNEL

PROVIDER ’s exclusion from the TENDER /e-auction process.

The CHANNEL PROVIDER agrees that if it makes any false declaration as referred to in the

immediately preceding para, it may be disqualified from the e-auction process, and if selected,

such e-auction may be declared by PRASAR BHARATI as null and void. As a natural

consequence, an agreement for carrying TV channel(s) on DD Free Dish, if already entered into,

may be terminated on such ground.


SANCTIONS FOR VIOLATIONS

Any breach by the CHANNEL PROVIDER of any provision contained in clauses 3 and 4, or by

any one employed by it or acting on its behalf (whether with or without the knowledge of the

CHANNEL PROVIDER), shall entitle PRASAR BHARATI to take all or any one of the following

actions, wherever required: -


To immediately disqualify the CHANNEL PROVIDER for participation in the e-auction process

without assigning any reason, or giving any compensation. The e-auction process with other

applicants shall continue.

The Participation fee /Security Deposit shall stand forfeited either fully or partially, as decided by

PRASAR BHARATI and PRASAR BHARATI shall not be required to assign any reason there

for.

To rescind the agreement for carrying TV channel on DD Free Dish, if already signed, without

giving any compensation to the CHANNEL PROVIDER.

To recover all sums payable by CHANNEL PROVIDER, with interest thereon at 2% higher than

the prevailing Benchmark Prime Lending Rate of State Bank of India. If any outstanding

payment is due to the PRASAR BHARATI from CHANNEL PROVIDER in connection with

carriage of any other TV channel, such outstanding payment may also be utilized to recover the

aforesaid sum and interest.


To encash any bank guarantee or performance bond furnished by the CHANNEL PROVIDER, in

order to recover any money payable by CHANNEL PROVIDER with any interest thereupon.


To rescind all or any other contract with the CHANNEL PROVIDER. The CHANNEL

PROVIDER shall be liable to pay compensation for any loss or damage to PRASAR BHARATI

resulting from such rescission and PRASAR BHARATI shall be entitled to deduct the amount so

payable from the money(s) due to the CHANNEL PROVIDER.

To debar the CHANNEL PROVIDER from participating in future e-auction/bidding processes of

the Government of India/ PRASAR BHARATI for one to three years, which may be further

extended at the discretion of PRASAR BHARATI

if any transgression by the CHANNEL PROVIDER, or any one employed by it, or acting on its

behalf (whether with or without the knowledge of the CHANNEL PROVIDER) constitutes an

offence as defined in Chapter IX of the Indian Penal code, 1860, or Prevention of Corruption

Act, 1988, or any other statute enacted for prevention of corruption, PRASAR BHARATI may

take suitable legal action in this regard.

The decision of PRASAR BHARATI to the effect that a breach of the provisions of the

INTEGRITY PACT has been committed by the CHANNEL PROVIDER shall be final and

conclusive on the CHANNEL PROVIDER. However, the CHANNEL PROVIDER can approach

the IEM appointed for the purposes of the INTEGRITY PACT.

INDEPENDENT MONITORS

PRASAR BHARATI has appointed an Independent External Monitor (here in after referred to as

“MONITOR”) for this INTEGRITY PACT in consultation with the Central Vigilance

Commission (Address and contact details of the Monitor is:

Shri Vishwanath Giriraj, IAS (Retd.)

Flat1001, A Wing, Landmark Towers, Opp Wadala Telephone Exchange,

G D Ambekar Marg, Naigoan, Dadar East, Mumbai-400014 Ph: 022-24169883

Mobile No: 09821937549 Email: vgiriraj @rediffmail.com

The MONITOR shall be authorized to review independently and objectively, whether and to

what extent the parties are complying with the obligations under the Integrity Pact.

The MONITOR shall not be subject to instructions by the representatives of the Parties and shall

perform his functions neutrally and independently. He will report his findings to the Chief

Executive Officer, Prasar Bharati (CEQ, PB).

The Parties accept that the MONITOR has the right to access without restriction, all the

documents relating to the e-auction process and post e-auction activities, including minutes of

meetings.

The CHANNEL PROVIDER accepts that the MONITOR has the right to access without

restriction, all information and documents related to the e-auction process, including those

provided by the CHANNEL PROVIDER. The CHANNEL PROVIDER shall also provide to the

MONITOR, upon his request and demonstration of a valid interest, any information as well as

unrestricted and unconditional access to its documents that have any relationship with the offer

made by it. The MONITOR shall be under contractual obligation to treat the information and

documents of the CHANNEL PROVIDER with confidentiality.

If so requested, The PRASAR BHARATI will provide to the MONITOR sufficient information

about all meetings among the Parties, which relate to the e-auction process. Parties will also

agree to the MONITOR s participation in such meetings, if so requested.

as soon as the MONITOR notices, or believe to notice, a violation of the INTEGRITY PACT,

he will so inform the authority designated by the PRASAR BHARATI for the purpose, with a

copy to the Chief Vigilance Officer, Prasar Bharati (CVO, PB), and request them to take

corrective action, if so required. He will also inform separately to CEQ, PB, with copy to CVO,

PB. The MONITOR may in this regard submit non-binding recommendations. Beyond this, the

MONITOR has no right to demand from the parties that they act in a specific manner, refrain

from action or tolerate action.

The MONITOR will submit a written report to CVO, PB within 4 to 8 weeks from the date of

reference or intimation to him by PRASAR BHARATI or CHANNEL PROVIDER, and should

the occasion arise, suggest corrective measures.

If the MONITOR has reported to CEO, PB and CVO, PB, about a substantial suspicion of an

offence under the relevant IPC/PC Act and they have not, within reasonable time, taken any

visible action, the MONITOR may also transmit the information directly to the Central Vigilance

Commissioner


FACILITATION OF INVESTIGATION

In case of any allegation of violation of any provisions of the INTEGRITY PACT, PRASAR

BHARATI or its agencies shall be entitled to examine all the documents including the Books of

Accounts of the CHANNEL PROVIDER and the CHANNEL PROVIDER shall extend full

cooperation in this regard, including providing necessary information and documents in English.

LAW AND PLACE OF JURISDICTION

This Pact is subject to Indian laws and courts at Delhi shall have jurisdiction,


OTHER LEGAL PROVISIONS/ACTIONS

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that

may follow in accordance with the provisions of the extant laws, both civil and criminal.

Any dispute or difference arising between the Parties with regard to the terms of the

INTEGRITY PACT, or any action taken by PRASAR BHARATI in accordance with the

INTEGRITY PACT, or interpretation thereof, shall not be subject to arbitration.

The Parties agree that the INTEGRITY PACT has precedence over any notification issued by

Prasar Bharati, calling for applications from Channel providers, or any agreement signed

between the Parties after the e-auction process.


VALIDITY

In case CHANNEL PROVIDER is successful bidder, the validity of the INTEGRITY PACT

shall be w.e.f. the date of its signing and shall extend up to 01 (one) year till the term of

allotment of slot, or till complete fulfillment of respective rights of the Parties available to them

under any post e-auction agreement, whichever is later.

b) In case the CHANNEL PROVIDER is un-successful bidder in the e-auction process, this

INTEGRITY PACT shall expire after six (06) months from the date of its signing.

¢) Should one or more provisions of the INTEGRITY PACT turn out to be invalid, the remainder of

it shall remain valid. In this case, the Parties will strive to come to an agreement to their original

intentions.

d) If any claim is lodged during the validity period of the INTEGRITY PACT, the same shall be

binding and continue to be valid despite its lapse as specified herein above.

IN WITNESS WHERE OF the Parties have put their hands on the day and year first here in above

written.

(For & On behalf of the Prasar Bharati) (For & On behalf of Channel Provider)

(Office Seal) (Office Seal)

Witness 1:

(Name & Address)

Witness 2:

(Name &Address)

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