HC extends Red FM licence for Delhi, Mumbai and Kolkata

Sun Group's radio channel Red FM got a breather on Tuesday after the Delhi High Court extended its licence to operate in the national capital as also in Mumbai and Kolkata until further orders on the company's plea to allow it to migrate from phase II to phase III.

The company in its petition has sought issue of a direction by the court to the centre to allow it to migrate from II to phase III. While other radio channels were allowed to migrate to phase III in Delhi, Kolkata and Mumbai, Red FM said, it has not been granted any such permission till date.

Justice Rajiv granted the extension of licence after the radio channel said that while other channels were allowed to migrate to Phase III in Delhi, Kolkata and Mumbai, Red FM has not been granted any such permission till date. It's licence is to expire tomorrow.

The channel "shall be allowed to maintain and operate its FM radio channel under phase II regime till further orders" and listed the matter for further hearing on November 18,'' Justice R S Endlaw said while extending the licence.

It also issued notice to ministry of information and broadcasting (MIB) and sought its response on the plea of Digital Radio Broadcasting Ltd, which runs radio operations under the name of Red FM.

Counsel for Red FM, senior advocate Harish Salve, told the court that it had communicated to the government its willingness to migrate to phase III but has received no response, including the amount to be paid for migration.

He said since the existing licence has not been extended and permission for migration has not been granted, Red FM will have to shut operations and go off-air from 1 October.

Salve and senior advocate Rajiv Nayar, appearing for the channel, said that on 26 September the company learnt that other radio operators, including Entertainment Network India Ltd which runs Radio Mirchi and Music Broadcast Private Ltd, which runs Radio City, have been issued letters by government regarding steps to be taken for migration to phase III.

Digital Radio, in its plea, has sought enforcement of its right to migrate to FM phase III regime and maintain and operate its existing channel at Delhi, Mumbai and Kolkata.

It alleged that the ministry has "deliberately without giving any reason" not taken the requisite steps to enable the channel to migrate from phase II to III regime despite fulfilment of all eligibility criteria for migration.