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5 “Downlinking Guidelines” PART A Programme and Advertising Code prescribed under the Cable Television Networking (Regulation) Act 1995 and the Rules framed under it. 3 In 2012, MBL applied for uplinking and downlinking of a ‘non-news television channel’ called ‘Media One Life’, and news television channel, ‘Media One Global’. MBL withdrew the application for ‘Media One Global’. On 26 August 2015, MIB granted permission to uplink and downlink ‘Media One Life’ for a period of ten years.

(i) The order issued by MIB revoking the permission granted to uplink and downlink the channel, Media One, is unconstitutional for the following reasons:
(a) Security Clearance is a pre-condition only for the grant of permission to operate the channel and not for the renewal of the existing permission. Under Clause 10.2 of the Uplinking Guidelines, the renewal of the existing permission is subject only to the channel not having been found guilty of violating the terms and conditions of the Programme and Advertising Code on five occasions or more;

D. Requirement of security clearance for renewal of permission 22 Paragraph 10 of the Uplinking Guidelines stipulates the conditions for renewal of existing permissions. According to paragraph 10, renewal of permission is to be considered for ten years, subject to the condition that the channel should not be found guilty of violating the terms and conditions of permission, including any violation of the programme and advertising code on five or more occasions. Paragraph 10.4 stipulates that the terms and conditions applicable at the time when permission is granted would be applicable at the time of renewal, subject to modifications made by the terms of the permission. The relevant paragraphs of the provision are extracted below: