Government sources said companies with 20 per cent foreign equity will also be allowed uplinking facility.

"However, the order is unlikely to put any other restrictions on the channels such as mandatory uplinking through Videsh Sanchar Nigam Ltd," they added.

"Private channels would be given freedom to chose the company through which they want to uplink or a satellite they wish to uplink to," sources said.

Significantly, all channels eligible to uplink from the country would have to uplink to foreign satellites since Indian private participation in the sector is yet to be allowed.

Information and broadcasting minister Sushma Swaraj has already gone on record stating that she wants to de-link the uplinking clause from the much-awaited Broadcasting Bill. It is believed that the government feels that by allowing this facilityit may be able to enhance its foreign exchange reserves. A group of legal experts however, feel that any such order may undermine the 1995 Supreme Court judgment which states that private broadcasting in the country should be regulated by a public body.

The experts felt that the matter should be decided by Parliament and not by the government. In the latter case, it would be against the principle of freedom of speech, they added.

According to the experts, private broadcasting is an important policy decision and a subject like uplinking should be covered by a legislation. According to them, without a legislation one may not be in a position to derive any punitive powers.

Without such punitive powers there will be no deterrent for enforcing programming code or any other similar codes. Further, whatever has been suggested by the earlier Broadcasting Bill, that no political or religious bodies or advertising agency should be allowed to broadcast, might be undermined. A contrary view has also been floatedsupporting the ministry's decision to allow uplinking. Those who subscribe to the second view are of the opinion that, in case the Prasar Bharati Act is passed in its original shape the question of regulation may be solved by setting up the Broadcasting Council.

They stated that the council may assume a role similar to the Press Council and overlook the entire broadcasting sector. The I&B ministry also feels that the council can take care of a substantial portion of task that is to be handled by the proposed Broadcasting Authority of India in the earlier Broadcasting Bill.