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PAKISTAN ELECTRONIC MEDIA

REGULATORY AUTHORITY

INFORMATION MEMORANDUM (IM)


FOR DIRECT-TO-HOME (DTH) DISTRIBUTION
SERVICE LICENSING

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TABLE OF CONTENTS

INTRODUCTION .................................................................................................................... 3 
1  Preamble............................................................................................................................. 3 
2  Definitions .......................................................................................................................... 4 
3  Disclaimer .......................................................................................................................... 6 
4  Scope of the DTH Licences ............................................................................................... 7 
5  Licences to be issued & Fees ............................................................................................. 8 
6  Overview of the award process .......................................................................................... 8 
7  Successful bidders losing access to the licence ............................................................... 11 
8  Timeline for the DTH Licensing Process ........................................................................ 12 
9  Instructions for applying .................................................................................................. 13 
10  Supplementary information ............................................................................................. 14 
11  Eligibility criteria ............................................................................................................. 14 
12  Shortlisting of Applicant Companies ............................................................................... 17 
13  Bidding process................................................................................................................ 17 
14  Payments .......................................................................................................................... 20 
15  Special provisions ............................................................................................................ 22 
16  Confidentiality of applications......................................................................................... 22 

Annexures
Annex-A ............................................................................................................................... 224 
  Annex-I Technical details of DTH ................................................................................. 35 
Annex-B ............................................................................................................................... 228 
Annex-C ................................................................................................................................. 39 
Annex-D ................................................................................................................................. 40 
Annex-E ................................................................................................................................. 41 
Annex-I Authority Letter/Power of Attorney …………………………………………..42 
Annex-II Bid Form .......................................................................................................... 43

Licence Terms and Condition ................................................................................................ 44 

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INTRODUCTION

Pakistan Electronic Media Regulatory Authority (PEMRA), established under the PEMRA
Ordinance 2002, as amended by the PEMRA Amendment Act 2007 (the PEMRA Ordinance
thereafter), has the mandate to regulate, inter alia, the establishment and operation of all
broadcast media (Satellite TV, FM Radio etc.) and distribution services (Cable TV, IPTV,
Mobile TV, DTH, etc.) in Pakistan.

To promote, extend and provide a wider choice to the people of Pakistan, PEMRA intends to
grant up to three non-exclusive Direct-to-Home (DTH) Distribution Service Licences to
companies incorporated in Pakistan.

The present Information Memorandum (IM) sets out the rules, process, planned timetable and
other background information to help prospective applicants decide if they wish to apply to
participate in DTH Licensing. It provides all the relevant information for potential applicants
of the DTH licences to apply.

1 Preamble

1.1 PEMRA’s primary objectives for the introduction of DTH service in Pakistan are:
i. To promote the Electronic Media in Pakistan
ii. To make available more options in electronic media to the public with dynamic
programming packages and to encourage private sector participation
iii. To provide interactive services in electronic media /distribution service to the
people of Pakistan
iv. To increase the coverage of electronic media, satellite TV, and FM radio services,
making them available to more people
v. To make available to the people superior quality audio and video programmes
vi. To promote Pakistani culture and ideology
vii. To promote Pakistani programming content
viii. To achieve the Digitalization objective by the end of 2015
ix. To provide quality television service, on a non-discriminatory basis, to every
citizen
x. To introduce healthy competition in the Distribution Service sector
xi. To provide a wider range of Entertainment, News, Information and Education to
the Pakistani citizens
xii. To curb the illegal penetration of foreign/Indian DTH

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1.2 Additional economic and social objectives include:
i. Generation of economic activity
ii. Direct and Indirect employment opportunities
iii. Attract private sector investment and FDI in electronic media
iv. Revenue generation through regulatory fees and taxes
v. Growth of Manufacturing Sector
vi. Capacity leasing of Pakistani satellites (Paksat-1R)

1.3 The DTH licences will be issued through a competitive bidding process under Section
19 of the PEMRA Ordinance.
1.4 The purpose of the IM is to provide information on the licensing process, including:
i. Number & duration of licences
ii. Eligibility Criteria
iii. Application instructions
iv. Documents to be submitted along with the Application
v. Bidding procedure
vi. Fees & taxes, bank guarantee and payment plan
vii. Timeline
viii. Licence terms and conditions

1.5 The terms and conditions of the DTH licence shall prevail if there is a discrepancy
between the Licence and this IM. The expressions used but not defined herein shall
have the same meaning as are assigned to them under the PEMRA Ordinance, the
PEMRA rules and the PEMRA regulations.
1.6 All correspondence related to this IM, including any queries, pre-bid conference,
submission of application & allied documents, bidding procedure and issuance of DTH
Licence etc. should be addressed in writing through letter, fax or email to:
Director General (Licensing)
4th Floor PEMRA HQ Building
Mauve Area Sector G-8/1 Islamabad
Phone: 051-9107114
Fax: 051-9107140
Email: dth@pemra.gov.pk

2 Definitions

“Applicable Licence Fee” means the licence fee prescribed by the Authority or where
applicable determined through bidding by the Authority;

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“Authority” means the Pakistan Electronic Media Regulatory Authority (PEMRA) established
under section 3 of the Ordinance;

“Broadcaster” means a person engaged in broadcast media, except broadcast journalists not
actively involved in the operation, ownership, management or control of the broadcast media;

“Broadcast station” means physical, technical and software infrastructure for the operation of
radio and television and also include satellite uplinking from ground, repeaters and all such
other accessories;

“Chairman” means the Chairman of the Authority;

“Channel” means the set of frequencies that a broadcast station occupies for broadcasting;

“Company” means a company as defined in the Companies Ordinance 1984 (XLVII of 1984);

“Copyright” means copyright as defined in the Copyright Ordinance 1962 (XXXIV of 1962);

“DTH Service” means Direct to Home distribution of audio-visual signals received via satellite
to small dish antennas across the footprint of the satellite to subscribers;

“Decryption or decoder equipment” means a device used for decrypting or decoding a


television channel for carriage by the DTH operator;
“Frequency” means the frequency of the electromagnetic wave number measured in Hertz and
used for transmission;

“Gross revenue” means the total revenue receipts (except for sales and rentals of set-top boxes,
if any) calculated before realizing the expenses or liabilities;

“Licence” means the licence issued by the Authority to establish and operate a broadcast media
or distribution service; unless noted otherwise, this refers to the DTH licence governed by the
present terms and conditions;

“Licensee” means a person or company to whom the Authority has issued a Licence; unless
noted otherwise, this refers to the company that was awarded the DTH licence governed by the
present terms and conditions;

“Member” means a member of the Authority;

“Ordinance” means the Pakistan Electronic Media Regulatory Authority Ordinance, 2002, as
amended by the PEMRA (Amendment) Act 2007;

“Programme” means the systematic broadcasting of visual or sound images by a broadcast


station but does not include an advertisement;

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“Regulations” mean the regulations made under the Ordinance;

“Rules” means the rules made under the Ordinance;

“Schedule” means the schedule annexed to the rules;

“Set-Top Box” means a device for selectively receiving and decoding channels through DTH
service whose output is connected to a television receiver;

“Subscriber” means a person who subscribes to a service provided by a Licensee without


further transmitting it to any person;

“Subscription fee” means the fee prescribed for receiving a broadcast or distribution (e.g.
DTH) service by a subscriber;

“Uplinking” means transmission of an audio-video signal from a ground transmission facility


to a satellite, in order to transmit any programme within or outside Pakistan;

“Transmission” means relaying of television channels to the subscribers;

“Thematic channels” means channels relayed by the DTH Licensee and transmitted
exclusively with its DTH service;
“Value-added service” means any service provided by the DTH Licensee in addition to
subscriptions to a set of TV channels;

“VOD (Video on Demand)” means the capacity for users to view content on demand through
a two-way connection via a hybrid set-top box connected to an interactive network;
Words and phrases used, but not defined in this document, unless the context otherwise
requires, shall have the meanings assigned to them in the Ordinance, the Rules and Regulations
made thereunder.

3 Disclaimer

3.1 PEMRA does not warrant the accuracy of the information herein, and it reserves the
right to update, amend, modify, or add or omit any information in this IM before the
start of the bidding process. Any such change, alteration, modification, amendment,
addition, omission, supplement, replacement or any deletion will be communicated
before the start of the bidding process to the prospective applicants, via the PEMRA
website or any other mode of communication, and shall become an integral part of the
IM and the licensing process.
3.2 PEMRA reserves the right, in its sole discretion, to take any action, including
amendment of this IM it considers necessary, to ensure that the award process is carried

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out in a fair, open and transparent manner, in accordance with law and in a manner that
discourages and strongly penalizes any attempted collusion or predatory bidding that
may block the entry of potential applicants into the bidding process or otherwise inhibit
an efficient outcome.
3.3 Applicants are warned not to indulge in collusion. In case there is any evidence of
collusion, PEMRA reserves the right to disqualify that applicant from the licensing
process. If PEMRA confirms evidence of collusive bidding before or during the
bidding /auction, PEMRA has the right to cancel the bidding /auction and for all
colluding applicants to forfeit their Pre-Bid Deposits, and claim damages from them.
3.4 PEMRA reserves the right to add, modify, amend, supplement, cancel, annul or replace
any or all of the bidding / award process at any stage without incurring any liability to
the affected bidders or any obligations thereunder. PEMRA further reserves the right
to modify or terminate the bidding / award process at any time in its sole discretion. In
such an event, the bid security deposit, defined in section 14 of this IM, will be returned
to the applicant within thirty (30) working days without bearing any liability, unless
the amount is otherwise required to be forfeited.
3.5 If any difficulty or ambiguity arises regarding any provision of the Information
Memorandum, including the eligibility criteria, the decision of PEMRA shall be final.
3.6 Any representation or warranty, express or implied, including the accuracy or
completeness of the information contained in this IM or any other written information
and any liability in respect of such information or accuracy in this IM or omission from
this IM is disclaimed.
3.7 The IM is for information purposes only. It does not form part of any contract, whether
explicit or implied.
3.8 The terms and condition of the Licence shall have precedence over the present
Information Memorandum.

4 Scope of the DTH Licences

4.1 The Licensees shall be authorized to establish and operate a DTH Distribution Service
by uplinking from within Pakistan.
4.2 The Licensee shall be authorized under the Licence to uplink eligible television
channels / FM radio transmissions to a designated satellite (preferably Pakistani) for
direct distribution to individual subscribers in all of Pakistan.
4.3 The Licensee may relay twenty (20) thematic channels or as many as determined by
Authority from time to time.

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4.4 The content to be aired over the thematic channels shall be copyrighted pre-recorded
local or international content including movies, dramas, educational programmes,
entertainment programmes, recorded sports content, weather information and kids
programmes. The content shall be in accordance with the code of conduct given in the
Rules. The thematic channels shall not be regular satellite television channels.
4.5 The Licensee shall offer a DTH service that covers the whole of Pakistan and provide
access to every citizen without discrimination.
4.6 The Licences shall be valid for a period of fifteen (15) years, on a non-exclusive basis,
starting from the date of issuance by the Authority, unless terminated earlier for default,
insolvency, non-compliance or violations of PEMRA Laws.
4.7 The Licences can apply for renewal of licence thirty six (36) months before the end of
the validity of licence, which should not be refused unless blatant violations of PEMRA
laws by the licensee have been recorded,
4.8 The detailed terms and conditions of the Licence are set in a separate document “DTH
LICENCE TERMS & CONDTITION” that is an integral part of the present
Information Memorandum.

5 Licences to be issued & Fees

5.1 Three (3) licences for Direct-To-Home distribution service (DTH Licence), provided
that there are enough eligible applicants, shall be awarded. A single DTH Licence shall
be awarded to any single applicant company.
5.2 The Base Price for DTH Distribution Service Licence shall be Pak Rs. 200 million (two
hundred million Rupees).
5.3 An annual variable licence fee of 2% of the gross revenue generated from DTH service
& fixed annual fee of PKR 10 Million will be paid to PEMRA, as defined in the terms
& conditions of the licence. The variable fee shall be waived of for initial three years
w.e.f. the date of issuance of license.

6 Overview of the award process

6.1 The Licences for DTH Distribution Service shall be awarded through an open and
transparent bidding process under Section 19 of the PEMRA Ordinance 2002
(Amendment Act 2007).
6.2 Open queries
i. From the day of publication of this information memorandum and related
documents until the pre-bid conference, prospective applicants are allowed to

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submit comments and questions in writing to PEMRA. Comments & queries
received after the pre-bid conference will not be responded.
ii. PEMRA will make reasonably efforts to respond to queries on a daily basis, by
publishing the answers with the questions online on the website
(www.pemra.gov.pk).
iii. The name of the party making the question or comment will not be disclosed.
iv. No prospective applicant will receive special treatment or special information from
PEMRA.
v. Questions and comments can be submitted in writing with an envelope labelled
“DTH Licensing Queries” and sent to (Director General (Licensing) 4th Floor,
PERMA HQ Building, Mauve Area, Sector G-8/1 Islamabad), by Fax to the
number (051-9107140), or by email with “DTH Licensing Queries” as the Subject
to: (dth@pemra.gov.pk)

6.3 Pre-bid conference


i. An information session will be held to better inform prospective bidders on the
award process and relevant laws, as well as to respond to all queries, questions and
comments.
ii. This will be the last opportunity for prospective applicants to ask questions.
iii. Only prospective applicants shall be allowed to participate in the conference,
whose only purpose will be to clarify any questions that prospective applicants
may have about the DTH licensing process and the bidding/auctioning.
iv. Prospective applicants who wish to participate in the Pre-Bid Conference will be
required to register themselves with DG (Licensing) PEMRA HQ Building Mauve
Areas Sector G-8/1 Islamabad in writing or via e-mail at dth@pemra.gov.pk.
Deadline for registration will be 8th October, 2015 (1600 hrs) PST.

6.4 Optional update of the award documents


i. The information memorandum (IM) and associated documents may be updated to
include clarifications.
ii. PEMRA reserves the right to determine which of the comments and questions
received are relevant and may require clarifications.

6.5 Submission of Applications


i. Applicant companies will send their applications, with all the required
information, to PEMRA before the deadline defined in section 7.
ii. No application received after this date, or received incomplete by this date, shall
be considered.
iii. PEMRA reserves the right to reject any or all applications by assigning reasons in
writing as per PEMRA laws.

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6.6 Shortlisting
i. The applications and the documents required will be examined to evaluate the
technical, financial, managerial and other capabilities of the applicants.
ii. PEMRA shall shortlist the applicants based on the eligibility criteria, strictly in
accordance with PEMRA Laws.
iii. Only those companies who fulfil the eligibility criteria shall be considered for
shortlisting.
iv. PEMRA may ask for supplementary information or clarifications from the
applicants on specific points, as specified in section 10.
v. Only the shortlisted applicants shall be invited to participate in the bidding
/auctioning process.

6.7 Bidding process


i. The Authority will invite the shortlisted applicants to participate in the bidding
/auctioning process under Section 19 of the PEMRA Ordinance 2002 (Amendment
Act 2007).
ii. The bidding process shall be conducted as per the process set out in section 13.
iii. Participants shall provide a pre-bid deposit of 15% of their initial bid which shall
be raised to 15% of the applicable license fee in case of successful bidders.

6.8 Adjustment of Pre-Bid Deposit


i. The bid security deposit of the successful bidders shall be adjusted to 15% of the
applicable licence fee within 10 calendar days as per section14.3
ii. The bid security deposit of the unsuccessful bidders shall be released as per section
14.4.

6.9 Approval of the Authority


After the bidding process, the approval of the Authority for each successful
bidder shall be obtained. However, license for DTH shall be awarded only after
completion of all legal requirements and payment of requisite fee and taxes as
per payment plan given in 6.11.

6.10 Legal requirements


Each successful bidder shall go through the process of fulfilling legal
requirements, including:
 Security clearance from the Ministry of Interior as required under Rule 7
(d) of the PEMRA Rules 2009;
 Provincial Consultation as required under Section 21 of the PEMRA
Ordinance 2002 (Amendment Act 2007) where the uplink is to be
established;

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 Public Hearing as required under Section 24 (2) of the PEMRA Ordinance
2002 (Amendment Act 2007).

6.11 Payment
i. Within 30 days of the completion of the legal requirements, the successful bidders
shall pay either the applicable licence fee (in case of lump sum payment) or the
applicable percentage of upfront fee (in case of payment by instalment), after
deduction of the paid bid security deposit as set out in section 14.6.
ii. The successful bidder shall pay all taxes applicable as per policy of government of
Pakistan. Advance tax if any shall be payable up front.
iii. Within 30 days of the completion of legal requirements, the successful bidders
shall pay the bank guarantee as set out in section 14.7.

6.12 Award of Licence


The licence shall be awarded to the successful bidders within fifteen (15)
calendar days after completion of all legal requirements and the required
payments.

7 Successful bidders losing access to the licence

7.1 A successful bidder shall be considered ineligible and lose all rights to a DTH licence:
i. If approval under clause 6.8.ii is refused by the Authority. The bid security deposit
shall be returned by the Authority.
ii. If it fails to fulfil any of the legal requirements including the security clearance,
provincial consultation, public hearing etc. The deposited bid security deposit shall
be returned by the Authority.
iii. If it fails to make the payments required in clause 6.11. The deposited bid security
and any other amounts paid in regard to this licence shall be forfeited. The
Company and its Directors shall be blacklisted for future licensing.
iv. If it fails to commercially launch a DTH service within one year of the award of
the licence as per section 6.12, for any reason other than force majeure and not
receiving the necessary official permissions in due time. The bid security deposit
and any other amounts paid to the Authority in relation to the licence shall be
forfeited.
v. If, for any reason, it is not awarded the licence within three years from the date of
bidding, the successful bidder shall remain entitled, on request, to a refund by the
Authority of the deposited bid security deposit and any other amounts paid in this
regard.

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7.2 In any of the cases above, no claim whatsoever shall be maintainable by the successful
bidder.
7.3 The authority may reissue the corresponding licence in a separate process within a
timeline to be advertised accordingly.

8 Timeline for the DTH Licensing Process

8.1 The award shall follow the following schedule.

Event Tentative Timeline

Approval of Authority of the Recommendations of


Consultant & Notification of PEMRA (Eligibility
Criteria and Bidding Procedure for Direct to Home T0: 9th September, 2015
(DTH) Distribution Service Licensing) Regulations-
2015)

Publication of Advertisement inviting applications,


T0 + 1day: 10thSeptember,
uploading of Information Memorandum, etc. Start of
2015
open queries period.

T0 + 4 weeks: 9th October,


Pre-bid Conference & end of the open queries period
2015

Optional update of the information memorandum and T0 + 5 weeks: 15th October,


associated documents 2015

T0 + 8 weeks: 6th
Deadline for submitting applications November, 2015,1600 Hrs
Pakistan Standard Time

T0 + 11 weeks: 27th
Shortlisting and notification of shortlisted applicants
November, 2015

Bidding for DTH Licences and announcement of T0 + 13 weeks: 7th


provisional successful bidders December, 2015

T0 + 15 weeks: 29th
Approval of the successful bidders by the Authority
December, 2015

Within 10 calendar days of


Submission of remaining bid security deposit, if any the bidding date i.e. upto
17th December, 2015

Within 30 calendar days


Payment of the DTH Licence, or payment of the upfront
after all conditions set in
part in case of payment in instalments
section 6.10 are satisfied

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Within 15 calendar days
after conditions set in
section 6.10 are satisfied
Award of the licence
and the required payments
have been received as set in
section 6.11

8.2 The Authority reserves the right to amend the overall timetable of the licensing process,
and to amend this schedule from time to time, as circumstances require. Any such
change shall be communicated by uploading on PEMRA website.

9 Instructions for Applying for DTH License

9.1 The applicant shall submit duly filled application given in Annex A and all the required
documents given in section 11.19, in duplicate (original & a copy), not later than 16:00
Pakistan Standard Time, on 6th November, 2015 at the following address:
Director General (Licensing)
4th Floor, PEMRA HQ Building
Mauve Area, Sector G-8/1
Islamabad
Telephone: 051-9107114
Fax: 051-9107140

9.2 A non-refundable application processing fee shall be deposited with the application, as
set out in section 11.19 (xxi) & 14.1, in the form of demand draft or pay order in favour
of PEMRA.
9.3 In order to avoid any loss of content, the applications and processing fee shall be sent
through reliable and dependable couriers in a sealed envelope marked as follows:
i. Application Form For DTH Distribution Service Licence
ii. Company’s name and contact person
iii. Address
iv. Telephone Number
v. Fax Number

9.4 Faxed or emailed or incomplete applications or those received after the due date and
time shall not be accepted.
9.5 The applications & all allied documents shall be in English.
9.6 Applicant companies shall immediately report to PEMRA in writing any material
change in the information provided in its application (including any information

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relevant to any Director or Shareholder of the company) prior to the bidding date, or as
and when required by PEMRA. Failure to report such material change shall constitute
grounds for disqualification. The material change itself may also lead to the
disqualification of the company.
9.7 The applicant companies that are pre-qualified or shortlisted shall be informed in
writing by fax, mail, email and/or courier at their specified addresses within an
appropriate time.
9.8 PEMRA shall be under no obligation to return any application or supporting materials
submitted by an applicant company.

10 Supplementary information

10.1 At any time, in particular during the shortlisting process, but also thereafter, PEMRA
reserves the right to require any supplementary information, documentation and
clarification for evaluating the application. This may include information on the
applicant company and on any Director or shareholder of the applicant company.
10.2 Whenever such request is made, the applicant company shall respond within such time
as PEMRA may require. If the applicant company fails to provide such information,
documentation and clarification within the stipulated time period, its application may
be rejected without any further processing.

11 Eligibility criteria

11.1 Each applicant must be a company that has been registered with the Securities and
Exchange Commission (SECP) of Pakistan.
11.2 Applicants must not already be a Licensee who owns, controls or operates directly or
indirectly any broadcast media licence or landing rights permission, in compliance with
Rule 13 of the PEMRA Rules 2009.
11.3 An applicant company shall not control, directly or indirectly, more than one DTH
licences.
11.4 Applicants must have a minimum paid-up capital of Rs. 100 Million.
11.5 The applicant company shall demonstrate that it has sufficient financial & technical
resources & capabilities to successfully launch, establish and operate the DTH
Distribution Service.
11.6 Applicants shall have less than 50% of the shares owned or controlled by foreign
nationals or companies whose management or control is vested in foreign nationals or
companies, in compliance with Section 25 (c) of the PEMRA Ordinance.

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11.7 The object clause in the Memorandum & Article of Association of the applicant
company shall allow entry into the business of electronic media / DTH.
11.8 The applicant company or any of its directors/shareholders must not be defaulter of
PEMRA, any financial institution, tax authorities or Government of Pakistan or any
provincial/regional government.
11.9 Applicants shall have Management Control by Pakistani citizens, with a majority of
Pakistani citizens on the Board. Moreover, the Chief Executive Officer of the company
shall be a resident Pakistani.
11.10 Applicants shall not be funded or sponsored by a foreign government or
organization, in accordance with Section 25 (d) of PEMRA Ordinance.
11.11 The applicant company must be in compliance with the relevant provisions of
the PEMRA Ordinance 2002, PEMRA Rules 2009 and regulations made thereunder
and as amended from time to time.
11.12 In case the applicant already holds, directly or indirectly, another licence issued
by the Authority, it is not eligible unless all outstanding dues in respect of all the
licences held by such applicant company, directly or indirectly, have been paid.
11.13 Any director or shareholder of one Applicant Company shall not be a director or
shareholder in any other applicant company for DTH Distribution Service Licence.
11.14 The Applicant shall be able to demonstrate that it has the financial and technical
capabilities to successfully launch and operate the DTH service.
11.15 The Applicant shall demonstrate that it will contribute to the economic and social
objectives, such as promoting Pakistani culture and ideology, promoting Pakistani
programming content, generating economic activity, generating direct and indirect
employment, attracting private sector investment and FDI in electronic media, and
growth of the manufacturing sector.
11.16 The applicant must not be ineligible as per the provisions of Section 25 of the
Ordinance. The applicant shall submit an undertaking to this effect.
11.17 The applicant shall submit an undertaking to the effect that all information
submitted along with the application are true and nothing has been concealed or
misrepresented therein. Any concealment of facts or misrepresentation revealed
subsequently may result in disqualification of the applicant / licensee.
11.18 The applicant company shall undertake to abide by the bidding procedure.
11.19 The applicant company shall submit the duly filled application form (Annex-A)
along with all information required therein & documents, including, but not limited to:
i. Board Resolution of the applicant company authorizing filing of the application
for grant of DTH licence

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ii. Certificate of Incorporation from SECP, Statutory Returns, Memorandum &
Articles of Association and Forms regarding ownership/management of the
applicant company, e.g. Form A, Form 29, Form 3, etc.
iii. Copy of NTN certificate of the applicant company
iv. A description of the applicant company’s ownership and control structure,
v. Names and detailed CVs of the Directors and shareholders of the applicant
company
vi. Attested copies of CNICs of Directors and shareholders or Passports of the
Directors (in case of foreigner)
vii. A description of the electronic media /distribution service experience of the
company
viii. Details of other businesses of the applicant company, if any
ix. The official audited accounts and annual reports of the company for the last two
years where applicable
x. Income tax returns of the applicant company for last two years (where applicable)
or the tax returns filed by Board of Directors for the last two years in case of new
company
xi. A summary of the services the company intends to provide, including value-added
and interactive services other than the basic TV and Radio services
xii. A description of the financial capability of the company
xiii. Financial feasibility containing information as per application form
xiv. Technical feasibility containing information as per application form
xv. Bank statement of the company for at least one year (the most recent year)
xvi. NOC (No Objection Certificate) from FBR for tax clearance or undertaking on
stamp paper for tax clearance;
xvii. Affidavit of applicant company that neither the applicant company nor any of its
directors or shareholders are defaulter of PEMRA, any financial institution, or
government and tax authorities & that the company or any of its Directors / CEO
has never been blacklisted (Annex-B);
xviii.Affidavit of applicant company that it shall abide by all PEMRA Laws, the Rules,
Regulations, Code of Conduct, licence terms & conditions and directions issued
by the Authority from time to time (Annex-C);
xix. Affidavit of the applicant company that neither the applicant company nor any of
its directors and shareholders are directly or indirectly, holding a broadcast media
licence or a landing right permission (Schedule-D);
xx. Affidavit that the applicant company is in compliance with Section 25 of the
PEMRA Ordinance 2002 (Schedule-E).
xxi. Demand Draft or Pay Order in favour of PEMRA amounting to rupees FIVE
HUNDRED THOUSAND (PKR 500,000/-) as application processing fee, which
shall be non-refundable.

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12 Shortlisting of Applicant Companies

12.1 The applicant companies shall be provisionally shortlisted as per the above criteria on
the basis of the documents/information provided by them. Incomplete applications may
be rejected.
12.2 Shortlisting of the applicant company however, shall not guarantee grant of licence.
The licence shall be granted to the successful bidder only after fulfilment of all legal
requirements.
12.3 Shortlisting does not include security clearance, public hearing, content presentation
for thematic channels and provincial concurrence. These shall be done after completion
of the bidding process and before grant of the licence.
12.4 The provisionally shortlisted applicant companies shall be invited to participate in the
bidding/auctioning.

13 Bidding process

13.1 Shortlisted companies that participate in the bidding /auctioning shall provide a
separate Power of Attorney/authority letter (Annex-I), on stamp paper and executed,
notarized, witnessed, stamped and authenticated as required by law, for the person
representing the company in the bidding process. The company shall be bound by the
decisions of that person so authorized or to whom power of attorney has been given in
matters connected to the bidding / auctioning.
13.2 The attorneys of the companies shortlisted for participation in the bidding process for
DTH licences shall be required to sign the attendance sheet. A maximum of two
representatives per company shall be allowed to participate in the bidding.
13.3 In case less than three shortlisted bidders appear on the bidding date, the matter shall
be referred to the Authority for decision, and the Authority shall decide within thirty
(30) calendar days whether to declare the bidder or bidders provisionally successful or
not. The decision of the Authority shall be final.
13.4 The Bidding Committee, duly constituted by the Authority, shall conduct the bidding
process. In case of any dispute during the bidding process, the decision of the Bidding
Committee shall be final.
13.5 The bidding shall consist of the following two rounds:
i. First Round through sealed bids.
ii. Second Round through open outcry. The second round shall start immediately after
the first round.

Page 17 of 74
13.6 Only authorized persons of the shortlisted applicant companies shall be allowed to
participate in the bidding process on provision of the authorization letter.
13.7 The bids shall be offered in Pak Rupees. The conditional bids, having ‘ifs’ and ‘buts,’
shall out-rightly be rejected.
13.8 First Round: Sealed Bids
i. The Authority shall invite the shortlisted bidders to submit the sealed bids for the
DTH licence.
ii. Eligible bidders shall submit bid security deposit equal to 15% of the Offered Bid
(valid for a minimum period of one hundred & twenty days) along with the Sealed
Bids in favour of PEMRA in the form of demand draft or pay order.
iii. The base price for a DTH licence shall be Rs. 200 million. Bids offered less than
the base price shall not be accepted.
iv. The sealed bids shall be dropped in the box reserved for this purpose, along with
the bid security deposit, in the presence of the Bidding Committee.
v. No addition, alteration or omission in the sealed bid shall be acceptable.

13.9 The Bidding Committee shall open sealed bids in the presence of authorized
representatives of the bidders. The bidders whose sealed bids equal or exceed the base
price set for a DTH licence shall be eligible to participate in the second round (open
outcry). The Bidding Committee shall announce:
i. The Offered price of each bidder
ii. The prices of the three highest bids
iii. The names of Qualified Bidders

13.10 If there are three short-listed applicants, the corresponding applicants shall be
deemed to have won the licence with the Applicable Licence Fee (ALF) equal to the
licence base price.
13.11 Second (open outcry) Round: If there are more than 3 short-listed applicants,
the second round shall be held with a simultaneous ascending price auction.
i. The three highest bid amounts concluded in the first round shall be the starting bid
prices for the open outcry bidding in the second round. The bidding Committee
shall announce the amounts of these three bids.
ii. The amount of new bids shall be strictly higher than the current third highest bid,
and shall be different from the amounts of the two highest bids. All bids shall be
amounts that are multiples of PKR 2 million.
iii. The highest bid shall not exceed the current highest bid by more than PKR10
million.
iv. Each eligible bidder shall raise their hand before offering the bid.

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v. Each bidder shall cry-out his bid, write it on a prescribed form (Annex-II) duly
signed by the authorized representative, and hand it over to the Bidding
Committee.
vi. The Authorized Representative of a Bidder shall not be allowed to participate in
any activity on behalf of any other Bidder during the bidding process.
vii. After every bid, the bidding Committee shall announce the amounts corresponding
to the three highest bids.
viii. One bidder shall bid for a single license only.
ix. The Bidding Committee shall continue the open outcry session until the three
highest prices are not further contested.
x. Each highest bid will get a maximum time of FIVE MINUTES, comprising of
three announcements of one minute each. Each bidder shall be granted a timeout
of fifteen minutes each, on request, only twice during the entire bidding process.
xi. The Bidding Committee shall have the right to change the maximum time defined
above before the start of the bidding, with prior announcement.
xii. When there are no further bids, the Bidding Committee shall announce the names
of the three companies who offered the three highest bids and the three respective
bid amounts.
xiii. The three highest bidders shall be considered successful bidders, and the
‘Applicable Licence Fee (ALF)’ shall be the lowest of the three highest bids.

13.12 Without prejudice to any other remedy that may be available to it, the Authority
reserves the right, on the recommendation of the Bidding Committee, to disqualify any
Bidder and forfeit its money for any of the reasons given below:
i. Inaccuracy or misrepresentation of any facts in any part of the application or bid.
ii. Illegal conduct, disruption during the bidding process, or indulgence in improper
attempts to influence the outcome or delay the process.
iii. Any “corrupt practice,” such as the offering, giving, receiving or soliciting of
anything of value to influence any official of the Authority in relation to the
bidding process.
iv. Any fraudulent practice or misrepresentation of facts in order to influence the
results of the bidding process.

13.13 Reservation of Rights


i. The Authority reserves the right to reject any or all of the bids before acceptance
of bids as per relevant Rules, by recording reasons in writing.
ii. The Authority reserves the right, in its sole discretion, to take any action which it
deems necessary to ensure that the Bid process occurs in a fair, open and
transparent manner, in accordance with law, and discourage collusion and

Page 19 of 74
predatory bidding that may block the entry of potential bidders into the bidding
process.
iii. No suit, prosecution or other legal proceeding shall lie against the Authority or any
member of the Bidding Committee or employee of the Authority in respect of
anything done or intended to be done by the Authority in good faith in connection
with the bidding process.

14 Payments

14.1 A non-refundable application processing fee for a DTH licence of Rs. 500,000 shall be
deposited along with the application in the form of demand draft or pay order in favour
of PEMRA.
14.2 To participate in the bidding process, eligible bidders shall submit, with their sealed
bids, a bid security deposit equal to 15% of the offered bid in the form of demand draft
or pay order in favour of PEMRA, valid for a minimum period of one hundred and
twenty (120) calendar days.
14.3 If the Applicable Licence Fee is higher than the base price, the bid security deposit of
the successful bidders shall be adjusted to 15% of the Applicable Licence Fee, with an
additional payment (balance of the 15% of applicable license fee), within ten (10)
calendar days of the bidding date.
14.4 After the bidding date, the bid security deposit of the unsuccessful bidders will be
reimbursed on request within sixty (60) calendar days, without bearing any liability by
the Authority towards interest, indexation, inflation, deflation, etc.
14.5 The successful bidders of the bidding /auction, after completion of all legal
requirements, may choose to pay the licence fee upfront or in instalments:
i. Upfront: 100% payment of the balance of the applicable licence fee as a one-time
upfront amount
ii. Instalments: an upfront payment of the balance towards 50% of the applicable
licence fee, and the remaining amount in 10 years in 10 equal annual instalments
with a cumulative mark-up rate at the KIBOR rate, applied from the period of the
date the upfront payment is due to the payment date. A winner in the bidding
process may pay the remaining balance of the Applicable License Fee at any time
in advance of the scheduled instalment, subject to the cumulative mark-up up to
such date of payment

14.6 Within 30 calendar days of the completion of legal requirements, the successful bidders
shall pay either the licence fee (in case of upfront payment) or the first payment (in
case of payment by instalment), after deduction of the paid bid security deposit.

Page 20 of 74
14.7 Within 30 calendar days of the completion of legal requirements, the successful bidders
shall provide a bank performance guarantee equal to 10% of the Applicable Licence
Fee from a scheduled bank with an AAA rating. The Performance Guarantee shall be
valid for the entire licence period. PEMRA may encash the performance guarantee if
the Licensee does not fulfil its obligations.
14.8 The successful bidders shall pay all the taxes applicable as per policy of government
of Pakistan while advance taxes if any shall be payable up front.
14.9 The applicant companies shall bear all their costs associated with the preparation and
submission of their application. The Authority shall in no case be responsible for these
or any other costs, regardless of the conduct or outcome of the application process.
14.10 Without prejudice to any other remedy that may be available to it, the Authority
reserves the right, on the recommendation of the Bidding Committee, to disqualify any
Bidder and forfeit its deposited money for any of the reasons given below:
i. Inaccuracy or misrepresentation of any facts in any part of the application or
bid.
ii. Illegal conduct, disruption during the bidding process, or indulgence in
improper attempts to influence the outcome or delay the process.
iii. Any “corrupt practice,” such as the offering, giving, receiving or soliciting
of anything of value to influence any official of the Authority in relation to
the bidding process.
iv. Any fraudulent practice or misrepresentation of facts in order to influence
the results of the bidding process.

14.11 Reservation of rights:


i. If at any time either before grant of licence or after grant of licence, it comes to
the notice of the Authority that the applicant company or any of its representative
had provided any false or misleading statement/information, advertently or
inadvertently, the application shall be rejected immediately and the earnest
money shall be forfeited; and if the licence has already been issued, the licence
shall be revoked and security deposit and other dues deposited by the applicant
company or licensee shall be forfeited.
ii. The profiles of successful bidder companies will be referred to the Ministry of
Interior for security clearance. The licence will be granted only after fulfilment
of all legal requirements including receipt of NOC from the Ministry of Interior,
successful provincial consultation, public hearing and compliance with the
relevant laws, rules & regulations prevalent at the time of grant of licence and
payment of applicable licence fee, security deposit and applicable taxes.
iii. The schedule for payment of applicable licence fee shall be as given in section
14.5. In case of non-compliance with the schedule of payment given above, the
earnest money and all other sums deposited by the applicant company shall be
forfeited.

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iv. The provisions of the PEMRA Ordinance 2002, PEMRA Rules 2009,
Distribution Service Operations Regulations-2011, and (Eligibility Criteria &
Bidding Procedure for DTH Licensing) Regulations-2015 shall have effect
notwithstanding anything contained in this notification.
v. In the event successful bidder fails to fulfil the legal requirements for grant of
DTH licence, the Authority may reject its application by recording reasons in
writing; and the Authority may, in its discretion, grant opportunity of meeting
the applicable licence fee to the next highest bidder or re-bid the licence.
14.12 The Authority may issue determinations for clarification or revision of any of
the provision of this notification.

15 Special provisions

15.1 Each applicant company that submits an application for the grant of a DTH Distribution
Service Licence exempts and discharges PEMRA and its consultants, advisors, officers
and personnel completely and unconditionally from any responsibility or liability for
the decisions that may be made with respect to its shortlisting, or otherwise, to
participate in the bidding process for a licence.
15.2 No suit, prosecution or other legal proceedings shall lie or be brought against PEMRA,
the Chairman, Members, consultants, officers or other employees of PEMRA, in
respect to anything contained in or arising from these guidelines.

16 Confidentiality of applications

16.1 By submitting its application, each applicant company agrees to maintain the
confidentiality of all information (whether written, verbal or otherwise) supplied to it
in connection with the shortlisting process and agrees to keep its own application
confidential, whether or not it is among those shortlisted by the Authority.
16.2 The Authority shall maintain confidentiality of the information designated by the
applicant companies as confidential, shall not release such information for any purpose
other than the evaluation of the application and shall not (unless disclosure is required
by mandatory law) release any such information without having first obtained
permission of the applicant Company; however, no permission for disclosure of
information submitted by the applicant company in connection with the application
shall be required for release of information to the Government of Pakistan.
16.3 Refusal by an applicant company to permit the Authority to make such controlled
disclosure of information as is necessary to evaluate the application, may be sufficient
grounds for the Authority, in its sole discretion, to disregard or discount such
information and may also lead to disqualification.

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16.4 However, neither the Authority nor any of its employees, representatives, advisors or
consultants shall be liable in any respect whatsoever to any applicant or any of its
members or representatives for damages or harm resulting from a failure to maintain
such confidentiality.

Page 23 of 74
ANNEX-A
NON-TRANSFERABLE
No. DTH/Company Name/2015/------
Please read the following instructions before filling the Application Form:

 Give complete answers, use extra sheets if required, attach copies of any relevant
documents required to illustrate the answers.

 Use the typescript or write in black ink in capital letters.

 Attach documentary evidence of your authorization to act on behalf of the applicant


Company.

 Submit the Application Form along with all the required documents & information in
duplicate.

1. PROFILE OF THE APPLICANT COMPANY

1.1 Company Name


1.2 Name of the CEO
1.3 CEO National Identity Card & Passport No.
1.4 Company registration No.
1.5 National Tax No.
1.6 Date of establishment/incorporation
1.7 Business Address
1.8 Mailing Address
1.9 Telephone No. ________________________ Cellular No.
1.10 Fax No. _____________________________ Email
1.11 Website
1.12 Does the object clause in the Article & Memorandum of Association of the
company allows entry of the company in electronic media / DTH?
1.13 Does the company have, or will it have offices outside Pakistan? If so, please
specify the countries
1.14 Location of applicant’s Head Office
1.15 Paid-up Capital of the Company Rs.
1.16 Bank account details
1.17 Amount of application processing fee paid Rs.
1.18 Bank Draft/Pay Order No.

Page 24 of 74
Please attach the processing fee payment order in original & its copy.
2. INFORMATION TO BE PROVIDED

Supplied
The following information and documents need to be provided. Remarks
Yes/No
1. Company registration with SECP
a. Certificate of Incorporation
b. Memorandum & Articles of Association
c. Form-29, and Form-A / Form-3
2. A clear, comprehensive and detailed view of the applicant
ownership and control structure, including sister companies.
a. Description of ownership structure
b. Description of the control structure
c. Description of all direct and indirect relationship with
companies or individuals who own, control or operate
directly or indirectly any broadcast media licence or
landing rights permission, including any common
shareholder, director or ultimate beneficiary.
d. Description of all direct and indirect relationship with
companies or individuals who own, control or operate
directly or indirectly any distribution license, including
any common shareholder, director or ultimate
beneficiary.
e. Forms provided in annex for identifying foreign
shareholding of the applicant company
f. Forms provided in annex for identifying foreign
shareholding of foreign companies that hold shares in
the applicant company.
g. List of directors and shareholders with details of their
shareholding, relations to other PEMRA licensees and
applicants for a licence.
3. A company profile
a. Names of the members of the Board Directors and the
Management, along with their detailed CVs, copy of
their passport (foreign nationals) or National Identify
Card (Pakistan nationals), their job description and
responsibility in the Company.
b. A description of the broadcast service /distribution
experience of the company, of key management
personnel and of key shareholders, including experience
relevant to managing large Pay-TV deployments.
c. Organisation chart
d. Other business of the company

Page 25 of 74
e. The official company accounts and annual reports for
last two years (where applicable)
f. List of other companies in which the Directors hold
shares or positions
4. A summary of the services the company intends to provide,
including:
a. Channels to be offered, including any radio channels
b. Subscription packages with subscriber pricing
c. Added-value services envisaged with subscriber pricing
d. Thematic channels
e. Timeline for the rollout of these services
f. Set-top boxes distribution strategy (direct and/or retail),
with expected price level
5. A description of the financial capability of the company,
including:
a. Description of financial capabilities of the company for
the last two years
b. Audited financial statements for the most recent
available two years, duly certified by a firm of chartered
accountants
c. Tax return for the company for the most recent two
years
d. Similar financial and operating information for any
parent company, affiliates and associated undertaking or
companies
e. The tax returns filed by Board Directors for the last two
years together with the tax assessment orders of the
relevant income tax authorities
6. A summary of the project financial feasibility, including:
a. Brief Description of the project
b. Capital costs with break-up
c. Forecast balance sheets, profit & loss accounts / income
statements and cash flow statements for the first 5 years
of operation showing the source of revenues
(subscriptions, advertisement, etc.)
d. Break-even analysis & payback period
e. Sources of financing, foreign and local, including equity
and long term debt and debt to equity ratio
f. Brief description of committed financial resources to
meet capital and operational expenditures of the project
for the 1st year, with relevant proofs, such as bank
statement of company’s accounts, letter of intent or
memorandum of understanding signed with the relevant

Page 26 of 74
investors or banks. If such financial commitments are
from foreign company shareholders, include evidence
of the foreign shareholder board resolution authorising
the investment for DTH services.
7. A summary of the project technical feasibility, with the
technical equipment envisaged, including:
a. Brief description of the technical project
b. List of the main head-end equipment envisaged,
including:
i. Subscriber Management and billing System
ii. Compression systems
iii. Encryption systems
iv. Transmission systems
v. Details of monitoring equipment
c. Set-top-box specification
d. Description of the conditional access system solution,
including
i. Head-end equipment
ii. Integration in the set-top box
iii. With smart card or cardless
e. Customer premise antenna specification
f. Location of the head-end and uplink
g. Satellite(s) envisaged, including
i. The corresponding footprint
ii. The transponder capacity to be used
iii. Signal power level in dBW
h. Proposed schedule of the project including construction,
installation and commencement of services date
8. Description of how the company will contribute to the
economic and social objectives such as:
a. Promoting Pakistani culture and ideology
b. Promoting Pakistani programming content
c. Generating economic activity
d. Generating direct and indirect employment
e. Attracting private sector investment and FDI in
electronic media
f. Growth of the manufacturing sector.
9. Undertakings and affidavits and Power of attorney
a. Undertaking as per annex
b. Affidavit as per annex.
c. Power of Attorney, on stamp paper and executed,
notarized, witnessed, stamped and authenticated as
required by law, as evidence for grant of authority in

Page 27 of 74
individual signing the application and related
documents.

3. ORGANIZATIONAL SET-UP
3.1 Details regarding Ownership / Control of the Company:
(Information regarding CEO, Directors and Shareholders).

Nationality

Position in

Any other
Company

Extent of
Address
Father/
Spouse

details
NIC #
Home
S. No.

Share
Name

name

the

(Please attach organisational chart/financial standing/position. Use separate sheets if


required)
3.2 Names and addresses of the ultimate beneficial ownership of the Company

S. No. Name, address, CNIC Number, Passport No.

Page 28 of 74
(* Use additional sheet if required)
3.3 Details of other applications of the company under process with the Authority
Description
/Category/ Date of City/Area/ Any other
S. No.
Application Application Region details
for

(* Use additional sheet if required)

3.4 Detail of other electronic media already owned:


Type of
shareholding

Distribution
Broadcast
Detail of

Services

Media Any other


Medias
S. No.

Name
(electroni details
c/Print)

3.5 Particulars of other businesses / activities of the applicant Company

Page 29 of 74
S. Name of business/ Activities of the %age equity in the
No. company business/ company business/company

(* use additional sheet if required)

3.6 Financial information of the proposed investment in the Company:


S. No. Source of funding Amount (in Rs.) Amount (in %)

(a) Debt

(b) Equity

(c)Foreign Investment

(i) Foreign nationals

(ii) Foreign companies

(iii) Expatriate Pakistanis

(d) Others (please specify)

(* use additional sheet if required)

3.7 Details of other applications of the company under process with the Authority:
S. DESCRIPTION/CATEGORY Date of CITY / AREA ANY OTHER
No. / APPLICATION FOR Application / REGION DETAILS

Page 30 of 74
(* use additional sheet if required)

3.8 Detail of licences obtained from PTA (if any)

S. Licence Description Licence


Date of issuance City / Area / Region
No. /Category Number

(* use additional sheet if required)


4. SHAREHOLDING PATTERN OF APPLICANT COMPANY

Shareholding of (company name)

___________________________________________________________________________

As on (date)

___________________________________________________________________________

Face value of the Share, Rs.

________________________________________________________________________________________

Page 31 of 74
Shareholding

Direct Investment Indirect Investment


S.
Category of Shareholders % of % of
No.
No. of total No. of total
shares Paid Up shares Paid Up
capital capital

1. Local individual

2. Local company*

3. Foreign individual

4. Foreign company

5. Non-Resident Pakistani

6. Any other

* The shareholding information of any local shareholding company shall also be provided.

5. SHAREHOLDING OF ALL LOCAL APPLICANTS’ SHAREHOLDERS

List here the details of the shareholding patterns of each local company shareholder who owns
shares in the applicant company. Fill this form separately for each local company shareholder.

Shareholding of (company name)

___________________________________________________________________________

As on (date)

___________________________________________________________________________

Page 32 of 74
No. & % of shares held by the company in the applicant company:

___________________________________________________________________________

Face value of share


Rs:
___________________________________________________________________________

Share Holding

Direct Investment Indirect Investment


S.
Category of Shareholders % of % of
No.
No. of total No. of total
shares shares
Paid Up Paid Up
capital capital

1. Local Individual

2. Local company (*)

3. Foreign individual

4. Foreign company

5. Non-Resident Pakistani

6. Any other

(*) Fill this form again for any local company who owns shares.

6. DETAIL OF THE DTH PLATFORM

6.1 Name of the satellite* proposed to be used

6.2 Projected date of commencement of services

Page 33 of 74
6.3 Location of Headend/Uplink within Pakistan

Co-ordinates of the site:

Longitude: _______ Degrees: _______ Minutes: _______ Seconds: _______


Longitude: _______ Degrees: _______ Minutes: _______ Seconds: _______

6.4 Height of site above mean sea level (meters):

6.5 Proposed Valued Added Services:

6.6 In addition, the applicant shall provide details as per Annex-I subsequently.

* The satellite proposed shall preferably be Pakistani.

7. Any other information

____________

Page 34 of 74
ANNEX- I

Details of DTH Space Segment, Uplink and CPE:

A. Space Segment of DTH Platform

1. Name of the satellite (preferably Pakistani) proposed to be used


______________________________________________________

2. GS Orbital location

3. Type and number of transponders to be hired__________________________________

4. Type of signal code: Analog Digital

5. Downlink frequency band: GHz

6. Frequency band of operation: 10.95 – 11.2 GHz / 11.45 – 11.7 GHz (downlink)(circle
appropriately): 12.2 – 12.5 GHz / 12.5 – 12.75 GHz or any other

7. Transponder capacity: ______________________________________________________

8. Transponder Center frequencies: _____________________________________________

9. No. of TV /radio channels in each transponder:__________________________________

10. Details of data rate, FEC, modulation, bandwidth and specific frequency range for each
TV Channel (if possible)
________________________________________________________________________
________________________________________________________________________

11. Satellite transmit Max. & Min. EIRP over Pakistan in dBW:

(enclose satellite transmit antenna/EIRP, Gain contours over Pakistan)

B. Details of Uplink Service

1. DTH uplink station location:_________________________________________________

2. Uplink frequency band (circle appropriately): 13.75 – 14 GHz / 14.0 – 14.25GHz / 14.25 –
14.5 GHz or any other

Page 35 of 74
3. Uplink antenna size: ________________________________________________________

4. Uplink antenna gain: _______________________________________________________

5. Uplink EIRP (Max.): (Min.):

6. Equipment Model and Name of Manufacturer:

7. Description of Conditional Access System (CAS) and Subscriber Management System


(SMS) ___________________________________________________________________

_________________________________________________________________________

8. Description of compression technology to be used:

C. Details of Customer Premises Equipment (CPE)

1. Size of downlink antenna:____________________________________________________

2. Features of Set Top Box:_____________________________________________________

3. Equipment Model and Name of Manufacturer:___________________________________

4. Whether the STB is interoperable with other service providers or not

D. Satellite details

(Please enclose Lease Agreement and Footprint of the satellite on which the transponders are
proposed to be hired)

Page 36 of 74
UNDERTAKING

I/We__________________, the applicant company do hereby declare that the all facts given
herein are correct in all respects and nothing has been concealed or misrepresented therein.
I/We also undertake that:
 I/we shall respect the sovereignty, security, integrity and ideology of the Islamic
Republic of Pakistan.
 I/we shall respect the national, cultural, social and Islamic values and the principles of
public policy as enshrined in the Constitution of the Islamic Republic of Pakistan and
to safeguard the ideology of Pakistan.
 I/we have read and understood the eligibility criteria and bidding procedure and shall
strictly comply with the same in letter and spirit.
 I/we, if granted a licence, shall comply with PEMRA Ordinance, rules and regulations
made thereunder, the Code of Conduct, licence terms & conditions and instructions as
notified by the Authority from time to time and pay licence fee, annual fee including
such percentage of annual gross advertisement revenue as may be applicable, security
deposit and all such other dues as notified by the Authority.
 I/we, if granted a licence, shall broadcast programmes in the public interest specified by
the Federal Government or the Authority in the manner indicated by the Government
or, as the case may be, the Authority.
 I/we shall abstain from broadcasting any programme or advertisement in violation of
copyrights or other intellectual property rights.
 I/we shall obtain NOC from PEMRA before import of any transmitting apparatus for
broadcasting as required under Section 20 of the PEMRA Ordinance 2002.
 I/we shall not sell, transfer or assign any of the rights conferred by the licence without
prior written permission of the Authority.
 I/we have provided all documents which are required to be submitted along with the
application for DTH distribution licence and shall provide any further information if
and when required by the Authority.

Seal of the Company Signature of Applicant


For and on behalf of

M/s. ________________________
Place __________________
Dated _________________

Attested by Magistrate 1st Class on stamped paper of Rs. 1000

Page 37 of 74
Annex-B

NON-DEFAULTER STATUS AFFIDAVIT


(To be provided on Stamp Paper of Rs. 1000 and attested by Oath Commissioner)

I, ___________________________________________S/o____________________________
(Designation)___________________________ of M/s______________________________
(hereinafter referred as “the applicant company”) do hereby solemnly state and affirm on oath
that neither the applicant company nor any of its CEO, Directors and shareholders are defaulter
of PEMRA, any financial institution, tax authorities or the Government of Pakistan or any
provincial and Local Government.

M/s _________________________ do hereby solemnly state and affirm on oath that neither
the applicant company nor any of its CEO, Directors and shareholders have ever been
blacklisted by PEMRA, any organization of the Government of Pakistan or any other
government.

DEPONENT

VERIFICATION:
I, the above named deponent do hereby solemnly affirm on oath that the contents of the above
affidavit are correct and true to the best of my knowledge and nothing has been concealed
therein.

DEPONENT

Page 38 of 74
ANNEX-C

AFFIDAVIT FOR COMPLIANCE


(To be provided on Stamp Paper of Rs. 1000 and attested by Oath Commissioner)

I, ___________________________________________S/o____________________________
(Designation) ______________________________ of M/s____________________________
(hereinafter referred as “the applicant company”) do hereby solemnly state and affirm on oath
that the applicant company and its CEO, Directors and shareholders shall abide by the PEMRA
Ordinance 2002, the Rules, Regulations, licence terms & conditions, guidelines, eligibility
criteria, bidding procedure, Code of Conduct made thereunder and as amended from time to
time as well as the directions issued by the Authority from time to time. I also undertake to pay
the applicable licence fee, annual fee including the percentage of the gross revenue as provided
in these regulations and the terms & conditions of license, bid security and bank guarantee as
amended by the Authority from time to time and all the applicable taxes.

DEPONENT
VERIFICATION:
I, the above named deponent do hereby solemnly affirm on oath that the contents of the above
affidavit are correct and true to the best of my knowledge and nothing has been concealed
therein.

DEPONENT

Page 39 of 74
ANNEX-D

AFFIDAVIT - CROSS MEDIA OWNERSHIP


(To be provided on stamp Paper of Rs. 1000 and attested by Oath Commissioner)

I, _______________________________________S/o____________________________
(Designation) ___________________________ of M/s____________________________
(hereinafter referred as “the company”) do hereby solemnly state and affirm on oath that neither
the applicant company nor any of its CEO, Directors or shareholders directly or indirectly own,
operate or manage any broadcast media service license or landing rights permission which may
disqualify my company for getting the DTH distribution service licence in terms of Rule 13 of
the PEMRA Rules 2009.

DEPONENT

VERIFICATION:
I, the above named deponent do hereby solemnly affirm on oath that the contents of the above
affidavit are correct and true to the best of my knowledge and nothing has been concealed
therein.

DEPONENT

Page 40 of 74
ANNEX-E

AFFIDAVIT - FOREIGN OWNERSHIP


(To be provided on stamp paper of Rs. 1000 and attested by Oath Commissioner)

I, _______________________________________S/o____________________________
(Designation) ____________________________ of M/s____________________________
(hereinafter referred as “the applicant company”) do hereby solemnly state and affirm on oath
that the applicant company is not ineligible for grant of licence in terms of Section 25 of the
PEMRA Ordinance 2002 as amended from time to time or as provided in the eligibility criteria.

DEPONENT

VERIFICATION:
I, the above named deponent do hereby solemnly affirm on oath that the contents of the above
affidavit are correct and true to the best of my knowledge and nothing has been concealed
therein.

DEPONENT

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ANNEX-I

AUTHORITY LETTER/POWER OF ATTORNEY


(To be submitted on Stamp Paper of Rs. 500, duly attested by Oath Commissioner,
accompanied with Board Resolution)

M/s _____________________________________________ (the Applicant company) hereby


authorize Mr./Ms.____________________________________________________________
S/o / D/o_______________________________ holding CNIC No. / Passport No.(attested copy
attached) _______________________________ Designation:_____________________ of the
applicant company to submit licence application for grant of DTH Distribution Service to
PEMRA and make any statement or give any undertaking on behalf of the company. The said
Mr./Ms. _______________________________________, is fully authorized to participate in
the bidding process and to take such on-the-spot decision or give bids which shall be binding
on the Applicant company.

_______________________________ _______________________________

(the Applicant company) (Attorney)

Designation ____________________

Seal/Stamp of the Applicant company

Date:___________________

Witnesses:

1. Name:_______________ CNIC No.______________ Signature ____________

2. Name:_______________ CNIC No.______________ Signature ____________

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Annex-II

BID FORM

Name of Bidder /Applicant company_____________________________________________

Name of Authorized Representative _____________________________________________

Bid Amount in Figures Rs._____________________________________________________

Bid Amount in Words Rs.______________________________________________________

___________________________________________________________________________

I solemnly declare that this bid for the grant of Direct to Home (DTH) Distribution licence is
unconditional, irrecoverable and is valid for three years from the date of its submission and the
bidder/applicant company undertakes to comply with all other conditions of the bidding
process.

_______________________________

Signature of Authorized Representative of Applicant Company

Date: _________________________

Page 43 of 74
LICENCE TERMS & CONDITIONS

Page 44 of 74
1 Definitions (for the purpose of this licence)

“Applicable Licence Fee” means the licence fee prescribed by the Authority or where
applicable determined through bidding by the Authority;
“Authority” means the Pakistan Electronic Media Regulatory Authority (PEMRA) established
under section 3 of the Ordinance;
“Authorized officer” means Chairman or Member, or any member of staff, expert, consultant,
adviser, other officer or employee of the Authority to whom the Authority has, by general or
special order, delegated its powers, responsibilities or functions under the Ordinance for
carrying out the purposes of the Ordinance, Rules or Regulations made there under+
“Basic Service” means the channels of national broadcasters, non-commercial educational
channels licensed by the Authority and such other free to air television channels as determined
by the Authority to be distributed by the DTH operator to its subscribers, along with channels
that the licensee may decide to include, against a monthly subscription fee at a subscription fee
not higher than maximum prescribed by the Authority;
“Broadcaster” means a person engaged in broadcast media, except broadcast journalists not
actively involved in the operation, ownership, management or control of the broadcast media;
“Broadcast station” means physical, technical and software infrastructure for the operation of
radio and television and also include satellite uplinking from ground, repeaters and all such
other accessories;
“Catch-Up TV” means the capacity for users to view programs that they missed through a two-
way connection using a hybrid set-top box connected to an interactive network;
“Chairman” means the Chairman of the Authority;
“Channel” means the set of frequencies that a broadcast station occupies for broadcasting;
“Company” means a company as defined in the Companies Ordinance 1984 (XLVII of 1984);
“Copyright” means copyright as defined in the Copyright Ordinance 1962 (XXXIV of 1962);
“Council” means Council of Complaints, established under section 26 of the Ordinance;
“Customer Premises Equipment (CPE)” means equipment at the subscriber’s end for
receiving the DTH service, which includes satellite dish antenna, LNB, Set-Top-Box, coaxial
cable, connectors, etc.;
“DTH Service” means Direct to Home distribution of audio-visual signals received via satellite
to small dish antennas across the footprint of the satellite to subscribers;
“Decryption or decoder equipment” means a device used for decrypting or decoding a
television channel for carriage by the DTH operator;

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“Eligible channels” means a TV channel licensed by the Authority uplinked from within
Pakistan or otherwise declared to be eligible for reception and distribution in the country;
“Encrypted” means treated electronically or otherwise for the purpose of preventing
intelligible reception by unauthorized persons;
“Foreign company” means a company or body corporate organized, and registered under the
laws of a foreign government;
“Foreign content” means the content that is produced under the direct or indirect creative
control of foreigners, foreign companies or foreign broadcasters’
“Frequency” means the frequency of the electromagnetic wave number measured in Hertz and
used for transmission;
“Genre EPG” means the capacity for users to browse the program guide by content genre.
“Gross revenue” means the total revenue receipts (except for sales and rentals of set-top boxes,
if any) calculated before realizing the expenses or liabilities;
“Head-end” means a set of equipment for receiving and retransmitting the terrestrial and
satellite TV channels for re-transmission or distribution at a specific location;
“Illegal Operation” means the broadcast or transmission or distribution of, or provision of
access to, programmes or advertisements in the form of channels without having a valid licence
from the Authority;
“Licence” means the licence issued by the Authority to establish and operate a broadcast media
or distribution service; unless noted otherwise, this refers to the DTH licence governed by the
present terms and conditions.
“Licensed Area” means the geographical area to be covered by the Licensee under this
Licence;
“Licensed Service” means the distribution service provided under this Licence by the Licensee;
“Licensee” means a person or company to whom the Authority has issued a Licence; unless
noted otherwise, this refers to the company that was awarded the DTH licence governed by the
present terms and conditions.
“Member” means a member of the Authority;
“Must-Carry Channels” means the channels of national broadcasters, non-commercial
educational channels licensed by the Authority and such other free to air television channels as
determined by the Authority to be distributed by the DTH operator to its subscribers; there shall
not be more than 15 must-carry channels.
“Ordinance” means the Pakistan Electronic Media Regulatory Authority Ordinance, 2002, as
amended by the PEMRA (Amendment) Act 2007;

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“National broadcaster” means the Pakistan Broadcasting Corporation, the Pakistan Television
Corporation and the Shalimar Recording and Broadcasting Company;
“Pay TV channel” means a TV channel for which fee is to be paid to the broadcaster or its
authorized distributor for its reception;
“PTA” means the Pakistan Telecommunication Authority established under the Pakistan
Telecommunication (Reorganisation) Act, 1996 (XVII of 1996);
“Programme” means the systematic broadcasting of visual or sound images by a broadcast
station but does not include an advertisement;
“PushVoD” means a service whereby encrypted content is pushed in the background to the
hard drive of a set-top box when there is free bandwidth, and the content is then offered as paid
video-on-demand to the users;
“Regulations” mean the regulations made under the Ordinance;
“Rules” means the rules made under the Ordinance;
“Schedule” means the schedule annexed to the rules;
“Schedule recording” means the capacity for users to get content recorded on the hard drive
of their set-top box, usually from the electronic program guide.
“Set-Top Box” means a device for selectively receiving and decoding channels through DTH
service whose output is connected to a television receiver;
“Series linking” means the capacity for users to get complete series recorded on the hard drive
of their set-top box, usually from the electronic program guide.
“Subscriber” means a person who subscribes to a service provided by a Licensee without
further transmitting it to any person;
“Subscription fee” means the fee prescribed for receiving a broadcast or distribution (e.g.
DTH) service by a subscriber;
“Uplinking” means transmission of an audio-video signal from a ground transmission facility
to a satellite, in order to transmit any programme within or outside Pakistan;
“Subscriber Management System” means a combination of hardware and software used in
DTH to control the services of a subscriber, including individual television channel;
“Transmission” means relaying of television channels to the subscribers;
“Thematic channels” means channels carried by the DTH Licensee and transmitted
exclusively with its DTH service; the content to be aired over these channels shall be
copyrighted pre-recorded local or international content including movies, dramas, educational
programmes, entertainment programmes, recorded sports content, weather updates and kids
programmes. The content shall be in accordance with the code of conduct given in the Rules.
The thematic channels shall not be regular satellite television channels;

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“Value-added service” means any service provided by the DTH Licensee in addition to
subscriptions to a set of TV channels;
“VOD” means the capacity for users to view content on demand through a two-way connection
which requires a hybrid set-top box connected to an interactive network.

Words and phrases used, but not defined in this document, unless the context otherwise
requires, shall have the meanings assigned to them in the Ordinance, the Rules and Regulations
made thereunder. The following terms and conditions, inter alia, shall apply in addition to other
terms and conditions provided in the Ordinance, the rules and regulations made thereunder.

2 Scope of the licence

2.1. The Licensee shall be authorized to establish and operate a DTH Distribution Service
by uplinking from within Pakistan.
2.2. The Licensee shall offer DTH services that cover the whole of Pakistan and shall
provide access to every citizen without discrimination.
2.3. The Licensee shall launch the DTH service within one year of the grant of the licence,
shall inform the Authority one-month in advance of the start of the service and shall
obtain a commencement letter from the Authority before the start of service which shall
be issued after physical inspection of the technical premises of the licensee and
provision of technical information as per Annex-I to the satisfaction of Authority.
2.4. The licensee shall install a censuring system to make sure any content aired through
the DTH services is in accordance with the code of conduct as given in the rules.
2.5. The licensee shall ensure in-house monitoring of the content to be aired over the
thematic channels for compliance with the code of conduct prescribed in the rules.
2.6. The Licence shall be valid for a period of fifteen (15) years, on a non-exclusive basis,
from the date of its issuance, subject to compliance with PEMRA laws, directions of
Authority issued from time to time and payment of required fees.
2.7. The Licensee shall be authorized under the Licence to uplink eligible television and
radio channels to a designated satellite for direct distribution to subscribers in the whole
of Pakistan.
2.8. The Licensee may relay twenty (20) thematic channels or as many as determined by
the Authority. The content to be aired over these channels shall include copyrighted
pre-recorded local or international content including movies, dramas, educational
programmes, entertainment programmes, recorded sports content, weather updates and

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kids programmes. The content shall be in accordance with the code of conduct given
in the Rules. The thematic channels shall not be regular satellite television channels.
2.9. The Licensee shall always offer at least one Basic Service Package that includes the
must-carry channels, for which it does not charge a subscription fee at a rate higher
than the maximum fee prescribed by the Authority. The price of other packages and
services is left to the Licensee to determine.
2.10. The Licence is non-transferable for two years. Any transfer thereafter shall require
prior approval of the Authority as per the Provisions of PEMRA Ordinance, the rules,
regulations. The Authority can exceptionally grant transfer in the first two years if
national interests are involved.
2.11. The Licence shall not enable the provision of voice or data services, Internet services
or other services prohibited under the relevant laws, unless the relevant authority has
granted a separate licence for these services.

3 General terms

3.1. The Licensee shall operate in the whole of Pakistan on a non-discriminatory basis and
make the service available to all Pakistanis, regardless of location.
3.2. The Licensee shall preferably use Pakistani satellite that covers the whole of Pakistan
and that generally does not require a satellite antenna with a diameter larger than 0.9
meter to receive the Licensed Service.
3.3. The licensee shall make available or make reasonable efforts to make available, directly
or through third parties, the subscriber equipment throughout Pakistan without any
discrimination.
3.4. The Licensee shall maintain a record and register of the channels distributed by it for
at least ninety (90) days, and provide the same to the Authority whenever required.
3.5. The Licensee shall maintain a complete record of programmes and advertisements
aired on its thematic channels for a period of at least ninety (90) days and provide the
same to the Authority whenever required.
3.6. The Licensee shall comply with all directions, whether general or specific given to it
by the Authority with regard to advertisements or methods of advertising or
sponsorship on the thematic channels, including, but without limitation, directions with
respect to:
(a) the classes and descriptions of advertisements and methods of advertising or
sponsorship to be excluded; and

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(b) the exclusion of a particular advertisement or its exclusion in particular
circumstances.

3.7. During a regular programme on a thematic channel a continuous break for advertising
shall not exceed three minutes and duration between two such successive breaks shall
not be less than fifteen minutes as prescribed in the Rules.
3.8. The licensee shall preferably hire satellite capacity from Pakistani satellite(s).
However, in case of non-availability of space on Pakistani, the licensee may hire
satellite capacity from other operators.

4 Restrictions

4.1. The Licensee shall distribute only the eligible TV and or FM radio channels.
4.2. The Licensee shall not assign, transfer, subcontract, dispose of, or in any manner
alienate this licence or any part thereof, or any benefit or interest therein or thereunder
without prior written approval of the Authority. In any case, the Authority shall not
grant the same earlier than two (2) years after the licence was granted, with a possible
exception if national interests are involved.
4.3. The Licensee shall not provide its signal to any other entity for further distribution to
subscribers; however, the Licensee may enter into agreements with hotels and
restaurants that may redistribute the signal solely within their premises, provided the
latter have any necessary authorization from the Authority at that time.
4.4. The Licensee shall not change the location of its head-end and earth station without
prior written permission of the Authority.
4.5. The Licensee shall not use any equipment as part of its DTH platform that is identified
as unlawful by the Authority or its authorised officer or any other applicable laws of
Pakistan.
4.6. The Licensee shall not be authorised, by or under the licence, to distribute anything
other than Licensed Services and Value-Added Services.
4.7. The Licensee shall comply with the local laws of Pakistan and shall not enter into any
foreign or local agreement that is in violation of the Ordinance, the rules and
regulations made thereunder.
4.8. The Licensee shall immediately discontinue the airing of any channel that has been
suspended, cancelled or revoked by the Authority or otherwise directed by the
Authority not to be carried for reasons to be specified in writing.

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5 Must-carry channels

5.1. The Licensee shall always offer at least one package that includes the channels of
national broadcasters, non-commercial educational channels licensed by the Authority
and such other free to air television channels as determined by the Authority from time
to time (the Must-Carry Channels), for which it shall not charge a subscription fee at a
rate higher than the maximum fee prescribed by the Authority. However, the number
of channels required to be carried shall not exceed 15.
5.2. The Licensee shall carry the Must-Carry Channels provided that the licensee gets free
of cost the right to distribute them from the corresponding TV Channels along with any
decryption equipment needed.
5.3. The Licensee shall carry the must-carry channels free of cost.

6 Renewal of licence

6.1. In the event that the Licensee intends to renew the Licence at the expiry of its term, the
Licensee shall submit to the Authority a written request for renewal at the earliest but
not earlier than thirty six (36) months prior to the expiry of the term of the Licence.
6.2. Within three months after the receipt of the Licensee’s request, the Authority shall
either:
i. Renew the Licence, on such terms and conditions as determined by the Authority
at that time OR
ii. Refuse to renew the licence giving reasons to be recorded in writing.

6.3. The renewal shall not be refused unless blatant violations by the Licensee of PEMRA
laws or other laws have been recorded. The reason(s) may include the Licensee’s
repeated, grave or continuing violations of PEMRA laws including the terms and
conditions of the Licence, or that the Licensee is a defaulter of PEMRA or any
organization owned or operated by the Government of Pakistan.
6.4. In case of refusal as per point ii. above, the Licensee shall within 60 days make
representations in response to the Authority’s written notice. Within 30 days after the
conclusion of such 60 day period, the Authority shall hold a hearing. The Licensee
may, as part of its representation, indicate such conditions it is prepared to accept, to
reduce the likelihood of continued violations of the terms and conditions of licence or
relevant laws. Following such hearing, the Authority shall, within 15 days of such
hearing, give its determination, either:
i. Not to renew the Licence at the expiry of the Licence term, and provide its reasons
for making such a determination, or

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ii. To renew the Licence on such terms and conditions as determined by the Authority
at that time, including such additional terms as the Authority considers appropriate.

6.5. The renewal shall be subject to an administrative fee not in excess of the equivalent of
50,000 USD in PKR or as determined by the Authority at that time.

7 Fee structure & bank guarantee


7.1. The Licensee shall deposit with the Authority a bank guarantee equal to 10% (Ten
percent) of the Applicable Licence Fee as a performance guaranty from any bank of
AAA rating, which shall remain with the Authority for the entire duration of the DTH
licence period.
7.2. The Authority may, in its discretion, during the validity of the licence, encash the Bank
Guarantee in full or part thereof in the event of non-payment of the annual fees or any
fine(s) imposed by the Authority for violation of any of the terms & conditions of the
licence.
7.3. The Licensee shall pay, to the Authority, the following annual fees:
i. A fixed annual fee of PKR 10 million.
ii. A variable annual fee of 2% of the Gross Revenue of the Licensed Service
including the advertisement revenue of the thematic channels as per audited
accounts to be provided by the licensee to the Authority, excluding any potential
revenues from the set-top-box sales or set-top-box rentals. Provided that the
variable fee shall be waived of for initial three years after issuance of licence.

7.4. The fixed part of the annual fee shall be due each year with effect from the date of
issuance of licence while the variable part to be provided as per audited account shall
be due each year (with effect from the 4th year) within three months of the closing of
financial year.
7.5. The Authority reserves the right to vary the fees, including the fixed part and the
percentage of Gross Revenue, from time to time, after a due consultation process with
the Licensees.
7.6. A late payment fee at the rate of five percent per month, up to a maximum of fifteen
percent, for late payments of annual fee or licence renewal fee, as the case may be,
shall be payable.

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8 Subscription rates/tariff

8.1. The Licensee shall offer access to licensed TV channels, optionally with radio
channels, for a subscription fee, grouped into various channel packages.
8.2. The Licensee shall always offer at least one Basic Service Package that includes the
must-carry channels, for a monthly subscription fee equal to or lower than the
maximum fee prescribed by the Authority.
8.3. The Licensee shall set the rates of all other packages and services freely. The Licensee
may offer any other packaging, including, but not limited to, pay-per-view, pay-per-
day, a la carte channels, and any scheme of his choice for value-added services. The
Licensee shall be free to change the composition of the bouquets after giving a
reasonable notice in advance to the subscribers, except when such change is made for
reasons out of his control.
8.4. The Licensee may either sell, rent or provide DTH set-top boxes and other DTH
consumer premises equipment either on outright purchase basis or in instalments to its
subscribers, or may arrange a third-party retail market for the same.
8.5. The Licensee shall publish clearly on its website the prices and rates of various
packages offered by it and of the subscriber equipment in case they are sold or rented
by him.
8.6. The Licensee shall not discriminate against any consumer in offering service and
setting charges.
8.7. The Licensee shall not change the rates of higher packages without giving a reasonable
notice in advance to the subscribers. However, any such change shall not be applicable
to pre-paid subscribers during the validity period of their current subscription for that
package.

9 Value added services

9.1. The Licensee can provide Value-Added Services enabled by the DTH infrastructure.
These may include:
i. Licensed radio channels, including FM radio channels and the radio channels of
national broadcasters as part of any bouquet
ii. Genre EPG
iii. PushVoD
iv. Schedule recording
v. Series linking
vi. Catch-Up TV

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vii. VOD
viii. Two-way connectivity, email, Internet browsing and Internet streaming from DTH
terminals using satellite uplinks and downlinks, subject to permissions from the
relevant authorities as required in clause 9.3 of the terms & conditions of this
licence.

9.2. Value-Added Service different from the ones listed above shall be provided only after
the approval of the Authority.
9.3. The Licensee shall not use the DTH platform for the provision of other services,
including voice, fax, data, Internet, etc. unless a licence for the provision of these
services has been obtained from the relevant authorities.

10 Permission for Thematic Channels

10.1. The Licensee may carry as many as twenty (20) thematic channels on its DTH platform.
10.2. The Licensee may carry advertisement on these channels. However, the advertisements
shall be in accordance with the Ordinance, the rules, the code of advertisement
prescribed in the rules and the terms & conditions of licence as amended from time to
time.
10.3. The content to be aired over these channel shall be as given in clause 2.8.
10.4. The fees for twenty thematic channels shall be included in the annual DTH licence fee.
However the Authority reserves the right to charge fee separately for any additional
thematic channels at a later stage.
10.5. Every thematic channel shall be registered with PEMRA before it is launched.
i. The Licensee shall give a content presentation covering the content referred to in
clause 2.8 to PEMRA highlighting the main features and layout of the programs
to be carried on the respective channel.
ii. PEMRA reserves the right to reject the proposed content if it is not compatible
with the type of content generally admissible in Pakistan or which is against the
code of conduct. The proposed content shall not be rejected for other reasons such
as the proposed content category.

11 Copyrights

11.1. The Licensee shall be responsible for ensuring that copyright obligations, with respect
to the content in general or over the thematic channels, programmes or channels being
relayed over the system, are fulfilled.

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11.2. Neither the Authority, nor any employee of the Authority, shall be liable for any
offence, damage or other injury that anyone may suffer because of the negligence or
violation of any law or code of conduct by the Licensee or ensuing from any other
source.

12 Relations with licensed TV channels

12.1. The Licensee and a licensed TV channel or FM radio stations may enter into a
distribution service agreement with each other without involvement of the Authority.
The agreement may provide revenue to the Licensee from the licensed TV channel or
vice versa.
12.2. In case a broadcast media Licensee believes that the Licensee has failed to meet its
obligations or vice versa, such Licensee can request the Authority to act as a mediator
by following procedure given as under:
i. The complaining Licensee shall notify the other Licensee, in writing, of the
claimed failure and reasons in support of its claim.
ii. The other Licensee, on receipt of the notification, shall respond immediately, but
not later than five working days, in writing, and either commence to comply with
its obligations or state its reasons for believing that it is already in compliance with
its obligations.
iii. In case a complaining Licensee does not receive a response within five working
days or is not satisfied with the response, the complaining Licensee may complain,
in writing, to the concerned regional office of the Authority.
iv. The concerned regional office of the Authority, upon receipt of the complaint, shall
place the same before the Council of Complaints at the earliest but not later than
40 days of the receipt of complaint, for appropriate recommendations to the
Authority
v. The Authority, on receipt of the recommendations of the Council, may pass such
recommendations to both parties as deemed appropriate.

13 Consumer protection
13.1 Any person desirous of obtaining a service connection may procure the required
equipment from any legal source and approach an installer or contact the Licensee to
recommend one. Installers may or may not be related to the Licensee. After the
installation is performed, and the subscription fee is paid and provisioned to the
Licensee, the subscriber shall get access to the service within three working days,
subject to following the instructions of the Licensee.
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13.2 The Licensee shall maintain records of its subscribers that shall include name, citizen
ID (CNIC), addresses and contact number, and provide the same to the Authority
whenever required.
13.3. The Licensee shall publish on its website all details of the available subscriptions, the
various products & channel packages available, including value-added services, with
the associated pricing; including pricing of subscriber equipment (if provided by the
Licensee) and a list of authorized dealers or third party distributors and installers (if
provided by third-parties).

a. Complaint handling
13.4 The Licensee shall establish a call centre, open round the clock, and communicate its
telephone number to the subscribers and each regional office of the Authority. The
telephone number shall be available on the Licensee’s website.
13.5 The licensees shall make efforts to resolve complaints of subscribers within a
reasonable time, which shall not exceed 48 hours for 95% of the complaints unless the
same is beyond the reach of the licensee due to force majeure.
13.6 Only the services and products provided by the Licensee shall be of the responsibility
of the Licensee. Licensees that do not provide installation services and Consumer
Premises Equipment, such as set-top boxes, satellite dishes and accessories, shall not
be responsible for the same.
13.7 In case the licensee fails to rectify a complaint within time specified in clause 13.6, the
subscriber will be at liberty to complain to the Authority or the concerned regional
office of the Authority for any violation of the Licensee’s contractual obligations, under
the contract that the Licensee has with its subscriber, or violation of the code of
conduct.
13.8 The regional general manager or the authorized officer may issue show cause notice to
the Licensee in order to investigate such complaint and may also summon the Licensee
to explain his position, and thereafter pass such orders as deemed appropriate, including
imposition of a fine not exceeding a maximum of one hundred thousand rupees for
each violation of relevant laws.
13.9. Provided that where violation is of a severe nature, the authorized officer may refer the
case to the Council of Complaint or the Chairman, along with appropriate
recommendations.
13.10 The licensee shall keep the record of all the complaints for a period of 90 days and
provide the same to the Authority whenever so required.

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b. Billing Procedure
13.11 The Licensee may choose freely to collect the revenues for its services through pre-
paid, post-paid when technically feasible, through top-ups, scratch cards, short message
service activation, electronic recharge or any other method available.
13.12 For pre-paid services, the billing shall be transparent and the licensee shall keep record
of the same for a period of at least 90 days and provide the same to the Authority
whenever so required.
13.13 For post-paid services, the following shall apply:
i. The Licensee shall provide its subscriber the bill for the charges due and payable
by such subscriber for each month, or for such other period as agreed upon with
the subscriber.
ii. Every bill, as referred to in point i. above, shall indicate the telephone numbers of
the helpdesk of the Licensee and contain such other necessary detail, including
breakup of charges, the applicable taxes and services being provided.
iii. A subscriber shall be liable to pay such charges within ten working days from the
date of receipt of the bill.
iv. In the event that any discrepancy has been found in the bill, the same shall be
brought to the notice of the Licensee within five days from the receipt of the bill.
v. The Licensee shall clarify or rectify the discrepancy reported by the subscriber
within five working days.

c. Disconnection of Service
13.14. The Licensee shall not suspend its service to a subscriber except in the following
circumstances:
i. A specific request in writing, or through e-mail, has been made by the subscriber
in this regard.
ii. In case of pre-paid, the suspension can be automatic if the subscriber has not paid
his subscription in advance.
iii. In case of post-paid, if the subscriber had defaulted in payment of his dues for
which two months prior notice was served to the subscriber. On payment of
outstanding dues by the subscriber, a suspended connection shall be restored by
the Licensee within three working days.

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14 Quality of service standards

14.1 The Licensee shall provide a service which is available at least 98% of the time,
including scheduled maintenance period.

15 Inspection and operations

15.1. An authorized officer may physically inspect the DTH headend or uplink station at any
time, and if any violation of the Ordinance, rules, regulations or licence terms and
conditions is found, the officer shall direct the operator to rectify the same, within such
time as the officer may deem fit for this purpose, and may also, after the licensee has
been served a prior show cause notice, impose a fine not exceeding one hundred
thousand rupees. If the authorized officer is of the view that the violation is of a severe
nature, he may forward the case to the Council of Complaints or the Chairman, along
with appropriate recommendations.
15.2. A Licensee shall be served a prior show cause notice for such a violation, before the
seizure of equipment. Equipment seized may be returned after deposit of such a fine as
may be imposed. Equipment seized for being used for Illegal Operation, or without
having a valid licence, shall be confiscated.
15.3. The authorized officer may request assistance from the officers of the Federal
Government, Provincial Governments and Local Governments, including the Capital
Territory Police and the Provincial Police, in the discharging of its functions under the
provisions of the Ordinance, the rules, regulations and terms and conditions of licence
made thereunder.
15.4. The Licensee shall provide the Authority with up to ten set-top boxes, with free access
to all services and all content, including Value-Added Services for remote content
monitoring purpose.

16 Reporting to the authority

16.1. The Licensee shall maintain proper accounts, as required by the applicable laws, and
shall allow the audit of his accounts to be carried out by one or more auditors, who are
chartered accountants within the meaning of the Chartered Accountants Ordinance,
1961 (X of 1961) and shall submit the audited financial statement to the Authority not
later than three months after the closing date of its financial year.

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16.2. The Licensee shall submit a report to the Authority on a quarterly basis, or at such
intervals as may be directed by the Authority. The report shall contain the following
information:
i. The number of total subscribers
ii. Subscription rates being charged for all types of services
iii. The products offered by the Licensee, with the corresponding pricing, including
content packages and value-added services
iv. Number of subscribers receiving service in the basic service tier
v. Number of subscribers receiving service in particular subscription packages
vi. Number of complaints received and actions taken for their rectification
vii. Detail of areas of the country that are not yet served by the licensee and the reasons
thereof.

16.3. The Licensee shall provide to the Authority:


i. A copy of its Annual Return, when filed with the Securities and Exchange
Commission of Pakistan (SECP) under the Companies Ordinance, and a copy of
its Annual Report and Accounts after they are circulated to the shareholders, not
later than three months after the closing of its financial year.
ii. The statements of Annual Gross Revenue, in respect to each accounting period
with each Licensed Service listed separately including the DTH, the revenue
earned from each segment of DTH including subscription, advertisement on
thematic channels etc, in such form as the Authority may require.

16.4. The Licensee shall inform the Authority immediately, but not later than seven days,
when a judgment is awarded against it in any court proceedings, or any action is
brought against it in a court in respect to the Licensed Service, or of any defamatory,
seditious, blasphemous, pornographic or obscene matter, or any matter which
constitutes an injurious falsehood, or slander of title, or any tort, or an infringement of
any copyright, moral right in a performance, design right, registered design, service
mark, trademark, letters patent, or other similar monopoly right, or a contravention of
the provisions of the Official Secrets Act, violation of any security laws, or of any
statutory enactment or regulation for the time being in force, or a criminal offence, or
contempt of court.
16.5. The Licensee shall inform the Authority of any change in addresses for its main
business, data centre, complaint centre, etc.
16.6. Whenever so required, the Licensee shall provide a copy of
i. Any distribution service agreement he has with licensed TV channels or FM radio
stations or content providers.

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ii. Any distribution agreement with restaurants and hotels.
iii. Any agreement with a particular subscriber.

16.7. The standard contract of service for use with subscribers shall include the following:
i. Pricing or mechanisms by which prices are determined
ii. Confidentiality of subscriber information
iii. The services being offered by the licensee to the subscriber as part of the package
iv. Payment terms, including any overhead charges
v. Minimum contract period
vi. Right of termination by the subscriber and by the Licensee
vii. In case of post-paid services, the content and format of the billing

16.8. The Licensee shall provide a copy of the standard contract to the Authority, before the
commencement of service, for approval after verification of compliance with the
licence terms & conditions and other provisions of PEMRA laws.
16.9. The Licensee shall provide technical details to the Authority prior to commencement
of the Licensed Service as specified by the authority, and provide updates when there
are relevant changes, including:
i. Details of satellite used, including geostationary satellite orbital location, type,
number and capacity of transponder used, frequencies used, symbol rate, forward
error correction
ii. Details of uplink service, including station location, frequency band, antenna size
and gain, EIRP
iii. Details of head-end equipment used, including CAS, SMS, compression systems,
transmission systems and monitoring equipment
iv. Details of compatible customer premise equipment, including set-top boxes and
dish specifications
v. Scheduled commencement date

16.10. The Licensee shall provide before the commencement of the service the list of the
models of set-top boxes that have been certified by the Licensee, and provide updates
of this list to the Authority within 30 calendar days whenever new set-top box models
are certified.
16.11. The licensee shall facilitate the authorized officers for quality of service inspections on
quarterly basis or at such intervals as may be determined from time to time.

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17 Technical Standards

17.1. The Licensee shall comply with the minimum technical standards as specified and
updated from time to time by the Authority.
17.2. At the start of the licence, the Licensee shall comply with the following minimum
technical standards:
i. The European Telecom Standard Institute (ETSI) EN 300421 Digital Video
Broadcasting (DVB), Frame Structure, channel coding and modulation for 11/12
GHz satellite services.
ii. ETSI EN 300468 DVB, Specification for service information (SI) in DVB
systems.
iii. ETSI EN 301790 DVB interaction channel for satellite distribution systems.
iv. ETSI EN 301192 DVB; specification for data broadcasting.
v. ETR 211 Digital broadcasting systems for television; Guidelines on
implementation and usage of service information (SI) in DVB systems.
vi. ETR 289 Digital Video Broadcasting (DVB); Support for use of scrambling and
conditional access system (CAS) within digital broadcasting systems.
vii. ETSI EN 300 472 Digital Video Broadcasting (DVB); Specification for conveying
ITU-R System B Teletext in DVB Bit stream.
viii. ETSI TS 102 551-1; specifications for Satellite Earth Stations Systems (SES).
ix. ETSI EN 302 307 Digital Video Broadcasting (DVB); specifications for second
generation framing structure, channel coding and modulation systems for
broadcasting, interactive services, News Gathering and other broadband satellite
applications (DVB-S2).
x. TR 102006 Digital Video Broadcasting (DVB); specifications for system software
update in DVB systems.
xi. IEC 6069-24 (1991) Radio frequency connectors: Part 24 Radio frequency coaxial
connectors with screw coupling, typically for use in 75 Ohm cable distribution
systems (type F).
xii. IEC 60169-2 (1965) Radio frequency connectors: Part 2 Coaxial unmatched
connectors (including Amendment No. 1(1982)).
xiii. TR 101202 Specification for data broadcasting; Guidelines for the use of EN 301
192
xiv. The Set-Top Box (STB) shall comply with ETSI EN 50221.

17.3. The Licensee shall ensure that the installed equipment and system meet the minimum
criteria defined above and the technical specifications as laid down by ITU, ISO, ETSI
and other relevant international bodies, etc.

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17.4. The Licensee shall use a Subscriber Management System (SMS) for an efficient,
responsive and accurate billing and collection system. The SMS shall ensure the
security of personal subscriber information.
17.5. The content aggregated by the Licensee for the Licensed Service shall be protected by
a conditional access system, with encryption done within the head-end.
i. The conditional access system/scrambling shall provide an appropriate level of
robustness, benchmarked against accepted industry standards, from a content
owner and programming providers’ perspective.
ii. The conditional access system/scrambling shall conform to DVB-S2 (EN302307)
iii. The conditional access system shall support EMM-based fingerprint/subscriber
display functionality.
iv. The conditional access system/scrambling shall ensure uncompromised security
protection against all known types of card-sharing attacks.
v. The conditional access system/scrambling shall have the capability to secure the
network with transport stream encryption beneath the DVB-CSA layer.
vi. The conditional access system/scrambling should have provisioning of selective
control of software applications and STB functions, by using the security system
to control access rights.
vii. The conditional access system shall guarantee that the STB software is protected,
and uncertified code is not able to run in the STB.

17.6. The Licensee shall certify the set-top boxes that are compatible with its service. Only
set-top boxes that comply with the standards set in Annex-II shall be certified.
17.7. The Licensee shall either provide certified set-top boxes or take steps to enable third-
party companies to provide them to the subscribers.

18 Safety and Environmental Standards

18.1 The Licensee shall not cause interference with any other service by or through the
Licensed Service and shall not commit any act that is likely to harm the legitimate
interests of other Licensees or Licensed Services.
18.2 The Licensee shall comply with the safety and environmental standards of the local
and international bodies as adopted by the Authority from time to time.
18.3 The Licensee shall strictly follow the relevant ICNIRP (International Commission on
Non-Ionizing Radiation Protection) guidelines on limiting exposure to non-ionizing
radiation.
18.4 While installing the equipment for the Licensed Service, the Licensee shall be
responsible for obtaining any necessary permission from the relevant authorities.

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18.5 The Licensee shall take all necessary steps to ensure the safety and security of its
equipment, personnel, buildings, surroundings and the public at large. The safety
measures shall include, but are not limited to, the provision of fire-fighting equipment
at the DTH headend/ re-broadcast/ uplinking facilities. Appropriate measures shall be
taken by the Licensee to prevent unauthorised access to the aforementioned premises.

19 Type approval/noc for import of equipment

19.1. Any DTH equipment, accessories, set-top-boxes, descramblers, Conditional Access


System, Subscriber Management System etc. shall be imported only after obtaining
NOC/type approval, whichever is applicable, from the Authority.
19.2. Any equipment imported by the Licensee shall comply with the specifications given
under the terms and conditions of the licence, or as determined by the Authority from
time to time. The licensee shall maintain all relevant record and provide the same to
the Authority whenever so required.

20 Transfer of licence, change in management, shareholding

20.1. A Licensee, unless prior written permission of the Authority has been obtained, shall
not:
i. Sell, transfer or assign any of the rights conferred by the licence.
ii. Transfer a majority of the shares in the issued or paid up capital of the company.
iii. Transfer control of the company to persons not being the original shareholders of
the company at the time of the grant of licence.
iv. Merge or amalgamate with any other company/person.

20.2. The Authority, where it is satisfied that a proposed transaction is not contrary to the
public interest and shall not result in media ownership concentration or create a
monopoly and proposed shareholders/directors fulfil the eligibility criteria, shall allow
the same under the relevant provisions of the Ordinance, the rules and regulations.
20.3. The transfer of a licence, or change in management, shareholding or control of a
Licensee shall not be allowed before two (2) years after the licence is granted. Provided
that changes in management before two years may be allowed by the Authority in cases
outside of the control of the Licensee.

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21 Fair competition and exclusion of monopolies

21.1. The licensee shall not be entitled to the benefit of any monopoly or exclusivity, and the
Authority shall ensure that open and fair competition is facilitated. The Authority may
issue determinations and guidelines for this purpose, from time to time, for compliance
by the Licensees.
21.2. The Licensee shall not enter into any agreement with another Licensee, or otherwise
divide the market into segments through mutual agreements, or indulge in any unfair
market practices.

22 Compliance with government directives

22.1. The Licensee shall comply with all the directions of the Authority pursuant to any
direction of Government, under Section 5 of PEMRA Ordinance or otherwise, for the
purpose of enabling the Government to give effect to any international obligations or
in the best national interest.

23 National security and emergency conditions

23.1. The Licensee shall comply with the requirements of national security and with other
directions given by the Authority or its authorised officer, from time to time, for the
purpose, and the same shall be binding on the Licensee.
23.2. The Licensee shall ensure that the Licensed Service does not undermine national
security.
23.3. The Licensee shall not install anything in connection with the Licensed Service in any
area that has been identified as security sensitive by the relevant security authorities.
23.4. The Licensee shall ensure that in case of an emergency the following measures are
taken forthwith:
i. Appropriate arrangements are made to receive emergency related messages from
the Authority or the Government;
ii. Appropriate arrangements are made to be able to relay emergency-related
messages to the subscribers in the whole of Pakistan or the affected areas
iii. The Licensee shall comply with the prescribed procedure laid down by the
Authority for meeting all emergencies and national calamities.

23.5. The Licensee shall locate the headend and the uplink station within the territory of
Pakistan.

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23.6. The Authority reserves the right to take over the entire services and facilities of the
Licensee or suspend, cancel or revoke the Licence, for reasons to be recorded in
writing, in the interest of national security or in the event of an emergency /war or
similar type of situations, for the duration of such circumstances only.
23.7. All foreign personnel likely to be deployed by way of appointment, contract,
consultancy etc. by the Licensee shall be notified to the Authority, along with their
complete details, including names, nationalities, passport details and nature of job.

24 Force majeure

24.1. The Licensee shall not be in any way responsible for any failure to provide the Licensed
Service directly or indirectly caused by or arising from any circumstances beyond the
control of the Licensee, including without limitation, accident or breakdown of any
equipment or apparatus (caused otherwise than by wrongful act, neglect or default of
the Licensee, its personnel or agents), war damage, hostility, acts of enemy, civil
commotion, sabotage, fire, flood, explosion, epidemic, interference by strike, or act of
God (all or any of these circumstances are referred to as a force majeure event).

25 Revocation of licence

25.1. The licence shall be revoked if the Licensee fails to launch commercially the
distribution service within one year after the grant of the licence, for any reason other
than (a) force majeure or (b) not receiving the necessary official permissions in due
time. In such a case, any amount paid to the Authority in relation to the DTH licence
shall be forfeited.
25.2. The Authority may revoke or suspend the licence by an order in writing on one or more
of the following grounds:
i. The Licensee has failed to pay a due instalment of the Applicable License Fee, in
case the Licensee has chosen to pay the Applicable License Fee in instalments.
ii. The Licensee has failed to pay the annual licence fee or any other charges,
including fines, if any, according to the conditions herein.
iii. The Licensee has contravened any provision of the Ordinance, rules, regulations
or the terms and conditions made thereunder.
iv. The Licensee has failed to comply with any of the terms & condition of the licence.
v. The Licensee’s directors or shareholders have transferred majority of the shares in
the issued or paid up capital of the company, or if control of the company is
otherwise transferred to persons not being the original shareholders of the

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company at the time of grant of licence, without written permission of the
Authority.

25.3. A licence shall not be varied, suspended or revoked under the previous clause, unless
the Licensee has been given reasonable notice to show cause and a personal hearing.
25.4. No refund of the Licence Fee, Annual Fee, Bank Guaranty, fines deposited, if any, shall
be admissible to the Licensee, in case the licence is revoked or cancelled by the
Authority.

26 Confidentiality

26.1. The Licensee shall keep all secret and security-related matters / correspondence
exchanged between the Authority and itself as confidential, and shall not disclose any
such information to any third party or to the media.
26.2. The Licensee shall keep personal subscriber information confidential, except where
required to be disclosed by the laws, the terms of the licence or if required by the
Authority.

27 Suspension of service

27.1. The Licensee shall not cease or suspend the Licensed Service, except on account of
force majeure or with the prior approval of the Authority. The Authority may grant
approval to such a request, subject to the clearance of all outstanding liabilities by the
Licensee, including but not limited to:
i. Licence fee;
ii. Annual licence fee;
iii. Fines imposed by the Authority;
iv. National and international liabilities and obligations; and
v. Any other financial obligations.

27.2. The Licensee shall inform its subscribers about suspension of service, after approval
of the Authority as per the previous clause, at least thirty (30) days in advance.

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28 Miscellaneous provisions

28.1. Nothing in this Licence shall constitute or imply any warranty or obligation on the part
of the Authority as to the size or location of the areas actually capable of receiving the
Licensed Service in the whole or any part of the Licensed Area.
28.2. The headings and the annexes are for the convenience of references only and shall not
affect the framing or interpretation of the ‘Terms and Conditions’ of this licence.
28.3. Where the context otherwise requires, the singular includes the plural, the masculine
includes the feminine, and vice versa.
28.4. The undertakings and ‘Terms and Conditions’ of this licence shall be binding upon the
parties hereto and their respective successors and permitted assignees.
28.5. If there is a conflict in the interpretation or otherwise in any of the ‘Terms and
Conditions’ of the licence and the Regulations, Rules and the Ordinance, the latter shall
prevail.
28.6. In the event of any question, dispute, or difference arising out of the interpretation of
any provision of the ‘Terms and Conditions’ of this licence, the decision of the
Authority shall be final and binding on the Licensee.
28.7. The Licensee shall ensure that:
i. All Rights of subscribers, as laid down in these ‘Terms and Conditions’, are
protected.
ii. Technical and Performance / Quality of service standards prescribed by the
Authority as given in the terms & conditions or as prescribed by the Authority
from time to time are complied with.

28.8. The Licensee shall comply with all the Laws prevailing in Pakistan, including those
relating to labour and employment.
28.9. The Authority may vary/ alter/ amend/ modify/add or delete any provision of the
‘Terms and Conditions’ of the licence as and when required, where it deems that such
variation is in the public interest, subject to prior consultations with the Licensee.

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ANNEX- I

Details of DTH Space Segment, Uplink and CPE:

A. Space Segment of DTH Platform

1. Name of the satellite (preferably Pakistani) proposed to be used


______________________________________________________

2. GS Orbital location

3. Type and number of transponders to be hired__________________________________

4. Type of signal code: Analog Digital

5. Downlink frequency band: GHz

6. Frequency band of operation: 10.95 – 11.2 GHz / 11.45 – 11.7 GHz (downlink) (circle
appropriately): 12.2 – 12.5 GHz / 12.5 – 12.75 GHz or any other

7. Transponder capacity: ______________________________________________________

8. Transponder Center frequencies: _____________________________________________

9. No. of TV /radio channels in each transponder:__________________________________

10. Details of data rate, FEC, modulation, bandwidth and specific frequency range for each
TV Channel (if possible)
________________________________________________________________________
________________________________________________________________________

11. Satellite transmit Max. & Min. EIRP over Pakistan in dBW:

(enclose satellite transmit antenna/EIRP, Gain contours over Pakistan)

B. Details of Uplink Service

1. DTH uplink station location:_________________________________________________

2. Uplink frequency band (circle appropriately): 13.75 – 14 GHz / 14.0 – 14.25GHz / 14.25 –
14.5 GHz or any other

3. Uplink antenna size: ________________________________________________________

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4. Uplink antenna gain: _______________________________________________________

5. Uplink EIRP (Max.): (Min.):

6. Equipment Model and Name of Manufacturer:

7. Description of Conditional Access System (CAS) and Subscriber Management System


(SMS) ___________________________________________________________________

_________________________________________________________________________

8. Description of compression technology to be used:

C. Details of Customer Premises Equipment (CPE)

1. Size of downlink antenna:____________________________________________________

2. Features of Set Top Box:_____________________________________________________

3. Equipment Model and Name of Manufacturer:___________________________________

4. Whether the STB is interoperable with other service providers or not

D. Satellite details

(Please enclose Lease Agreement and Footprint of the satellite on which the transponders are
proposed to be hired)

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ANNEX-II

Technical Standards for DTH Set-Top Boxes (STB)

The set-top boxes certified for the licensed service shall comply with the following minimum
technical standards, in addition to those defined in the License terms or as prescribed by the
Authority from time to time.

1.1 Compliance with the following IEC standards


i. The European Telecom Standard Institute (ETSI) EN 300421 Digital Video
Broadcasting (DVB), Frame Structure, channel coding and modulation for 11/12 GHz
satellite services.
ii. ETSI EN 300468 DVB, Specification for service information (SI) in DVB systems.
iii. ETSI EN 301790 DVB interaction channel for satellite distribution systems.
iv. ETSI EN 301192 DVB; specification for data broadcasting.
v. ETR 211 Digital broadcasting systems for television; Guidelines on implementation and
usage of service information (SI) in DVB systems.
vi. ETR 289 Digital Video Broadcasting (DVB); Support for use of scrambling and
conditional access system (CAS) within digital broadcasting systems.
vii. ETSI EN 300 472 Digital Video Broadcasting (DVB); Specification for conveying ITU-
R System B Teletext in DVB Bit stream.
viii. ETSI TS 102 551-1; specifications for Satellite Earth Stations Systems (SES).
ix. ETSI EN 302 307 Digital Video Broadcasting (DVB); specifications for second
generation framing structure, channel coding and modulation systems for broadcasting,
interactive services, News Gathering and other broadband satellite applications (DVB-
S2).
x. TR 102006 Digital Video Broadcasting (DVB); specifications for system software
update in DVB systems.
xi. IEC 6069-24 (1991) Radio frequency connectors: Part 24 Radio frequency coaxial
connectors with screw coupling, typically for use in 75 Ohm cable distribution systems
(type F).
xii. IEC 60169-2 (1965) Radio frequency connectors: Part 2 Coaxial unmatched connectors
(including Amendment No. 1(1982)).
xiii. TR 101202 Specification for data broadcasting; Guidelines for the use of EN 301 192
xiv. The Set-Top Box (STB) shall comply with ETSI EN 50221.

1.2 Conditional Access/Scrambling


i. The conditional access system/scrambling shall conform to DVB-S2 (EN302307)

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i. The conditional access system/scrambling shall provide an appropriate level of
robustness, benchmarked against accepted industry standards, from a content owner and
programming providers’ perspective.
ii. The conditional access system shall support EMM-based fingerprint/subscriber display
functionality.
ii. The conditional access system/scrambling shall ensure uncompromised security
protection against all known types of card-sharing attacks.
iii. The conditional access system/scrambling shall have the capability to secure the
network with transport stream encryption beneath the DVB-CSA layer.
iv. The conditional access system/scrambling should have provisioning of selective control
of software applications and STB functions, by using the security system to control
access rights.
iii. The conditional access system shall guarantee that the STB software is protected, and
uncertified code is not able to run in the STB.

1.3 Performance Requirements


i. The manufacturer shall ensure compatibility/interfacing of STBs with consumer
electronic equipment, such as televisions, audio systems, VCRs, etc., in the country.
Audio and video interfaces that provide such compatibility are listed in Table I. below.
ii. The STB shall support reception and processing of DVB-S2 (EN 302307) compliant
digitally modulated signals. It shall be able to receive and process service information
(Sl) as laid down in EN 300468 and ETR 211. For data services (if implemented), it
shall be able to receive data bit streams compliant to EN 301192 and ETSI TR 101202.
iii. The STB shall provide targeted and secured advertisement and information services to
the subscribers that do not have broadband connectivity. The STB Software has to
provide the information of signal level and signal quality.
iv. Performance requirements: the STB has to be provided with a cold start time of no more
than 40 seconds and a start time from standby mode to no more than 5 seconds.
v. The STB hardware design has to be provided with an Annualized Failure Rate (AFR)
of not more than 2% over 3 years.

1.4 Video and Audio Decoding Requirements


i. The STB’s video decoder shall fully comply with the DVB Implementation Guidelines
for the use of MPEG-2 SDTV and H.264/AVC SDTV and HDTV video in satellite,
cable and terrestrial broadcasting applications, ETSI TS 101 154.
ii. Up-sampling of sub-sampled resolutions shall be made in accordance with ETSI TS 101
154 [28], i.e. sub-sampled luminance resolutions shall be up-converted by the Decoder
Format Converter into the full video raster of the Decoder Composition Output.
iii. The STB’s video decoder shall fully comply with standard ISO IEC 14496-10 [8] for
decoding MPEG-4 and ISO/IEC 13818-2 [9] for decoding of MPEG-2 coded signals.
The decoder must also comply with ETSI TS 101 154 [10] and must support VBR and
CBR.

Page 71 of 74
iv. The STB’s video decoder shall ensure synchronization between audio and video as
follows: audio must never lead the video program by more than 20 milliseconds, and
must never lag the video by more than 45 Ms
v. The STB’s video decoder shall be able to switch between 4:3 and 16:9 picture aspect
ratios. In case of receiving an anamorphic picture and pre-set 4:3 on TV, the STB shall
perform conversion to «16:9 letterbox»
vi. In case of RCA, or if any other analogue video output (YPbPr or RCA) is available, the
decoded HD video must be down-converted by SD format converter to SD resolution
for output via these interfaces. This will ensure compatibility of the STB with the TV
sets that do not have digital interfaces. Picture down-conversion must be implemented
from any of the incoming encoded HD full screen luminance resolutions of 1920x1080
and 1280x720 (as an OPTION also from 1440x1080, 1280x1080, 960x1080, 960x720
and 640x720) to 720x576 SD resolution. The down-converted video must be displayed
as 16:9 letterbox on 4:3 displays. The SD format converter should apply appropriate re-
interlacing.
vii. The STB’s audio decoder shall support reception of multi-channel (up to 5.1) audio, in
addition to the mandatory SDTV audio decoder requirements. The STB shall provide
analogue audio outputs for stereo/mono, S/PDIF output and an HDMI output for multi-
channel audio.
viii. The STB’s audio decoder shall provide at least one stereo audio decoder that is able to
meet minimum decoding requirements, based on MPEG 1 Layer II ("Musicam"
ISO/IEC 11172-3).
ix. The STB’s audio decoder shall also support AAC decoding according to ISO/IEC
14496-3 subpart 4.
x. The STB’s audio decoder shall fully comply with DVB Implementation Guidelines for
the use of MPEG-2 Systems, Video and Audio in satellite, cable and terrestrial
Broadcasting Applications ETSI TS 101 154.
xi. The STB’s audio decoder shall support decoding of audio in the following modes: dual
mono, stereo and joint stereo.

1.5 Marking
i. Each STB shall be legibly and indelibly marked with at least the following information:
a. Manufacturer's name or trade-mark (if any);
b. Model designation and serial No.;
c. Country of manufacture;
d. Input supply voltage and frequency;
e. Power consumption;
f. Satellite input terminal and satellite output terminal;
g. Sockets for audio and video output.

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1.6 Languages of Operation
The Graphic user interface (GUI) of the STB (through all the menu tree) shall support English.

1.7 Hardware security


i. The STB is required to support the “Hardware root of trust” concept by locking each
STB uniquely to the CAS embedded in a secured chipset.
ii. The STB should support a cardless CAS solution as a preferable solution, in order to
reduce costs for consumers (The cost of a cardless CA system over 5 years is 25% less
than that of a smartcard system; these savings arise out of reduced logistics costs and
from eliminating the need of the smartcard itself). In order to provide an equal protection
level to smartcard solutions in an environment without a return path, CAS keys should
be embedded in a secure chipset in the device upon manufacture, which ensures strong
authentication of the device.
iii. In the case of a cardless CAS, STBs should include a smartcard slot (minimal cost) as
mitigation against risks of “clone” type piracy attacks and the replacement of devices.

1.8 Requirements for set-top boxes

Parameters Requirements

1 Electrical specifications:
a) Input voltage range 170-250V AC
b) Frequency 50/60 Hz: 5 per cent
2 Connectors:
a) Satellite input 75 ohms impedance. Female connector (as per
IEC 60169-24)
b) Output video 1 X RC A type CVBS
c) Output audio 2 X RCA type
d) RF output 75 ohms impedance. Male connector (as per
IEC 60169-2)
e) Digital a/v output HDMI
OPTIONAL 1 x USB 2.0 port1
1 x LNB Loop through
1 x USB 2.0 port
1 x S/P DIF optical
3 RF characteristics of the DTH signal
a) System DVB-S2 (compliant to EN 302307)
b) Demodulation QPSK & 8PSK
c) Input symbol rate 45Msps (QPSK)

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45Msps (8PSK)
d) FEC mode DVB-S2: 1/2, 3/5, 2/3, 3/4, 4/5, 5/6, 8/9, 9/10
(QPSK) 3/5, 2/3, 3/4, 5/6, 8/9, 9/10 (8PSK)
e) Level of the input DVB-S2 signal -75dBmW to -25dBmW
4 LNB control STB shall have provisions to provide proper
power supply and switching signal for
oscillator selection and polarization selection
for LNB DiSEqC 1.2
5 Channel tuner performance:
Input level per carrier -80 dBm, Min; -25 dBm. Max
Input frequency range 950 MHz to 2150 MHz
RF input impedance 75 ohms
6 Decoded video formats MPEG-2: MP@ML, MP@HL
(ISO/IEC13818, part 2)
H.264 AVC: MP@L4.1(ISO/IEC 14496, part
Aspect ratio 10)
4:3; 16:9
7 Decoded audio formats MPEG-1 Layers 1, 2 (ISO/IEC 11172-3)
MPEG-2 AАC (ISO/IEC 13818-7) (optional)
MPEG-4 AAC (ISO/IEC 14496-3) (optional)
8 Main CPU Supporting MPEG2, MPEG4 (H.264) MPEG
AAC, MPEG Audio codec
Memory At least 8MB Flash and 128MB SDRAM
9 Remote Control RC should have two groups of mandatory
buttons: number pad (digits, volume
Up/Down, Channel Up/Down) and main
control pad (arrow keys, ok, back, exit, menu,
info, EPG) and optional (hot keys for different
functions of STB)
10 Operating temperature range O°C to 45°C
11 Operating humidity range 5% to 95% (non-condensing)

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