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25. 08. 2011

ANEM PROPOSALS FOR REGULATING THE RIGHTS AND OBLIGATIONS OF LICENSES HOLDERS AND ADJUSTMENT OF LICENSES IN THE PROCESS OF DIGITAL TRANSITION

The Strategy for Switchover from analogue to digital broadcasting of radio and television programs in the Republic of Serbia determines April 4th, 2012, as the date for full switchover to digital terrestrial TV broadcasting. However, to this day, only 7 months before the transition date, the rights and obligations of licenses holders as well as the procedure for licenses adjustment in the process of digital transition have not been defined yet. Although, according to the Action plan for the Strategy, these issues should have been regulated by the Rulebook on switchover from analogue to digital broadcasting of radio and television programs and multiplex access in digital terrestrial broadcasting, the said Rulebook, brought in February 2011, have regulated none of these issues due to inconsistency of the Law on Electronic Communications and the Broadcasting Law. Deeming such position unacceptable for broadcasters, ANEM has prepared its written suggestions by which shortcomings of legal acts could be overcome and submitted them to the Ministry of Culture, Media and Information Society on August 25, 2011, calling on the Ministry to consider these suggestions and start the proposed consultations without delay.

The essence of ANEM suggestions is the following:

  • The simplest way to solve the issue of licenses adjustment is their changing, which should be done based on inter-party negotiations and reached agreement between licenses holders, the Republic Broadcasting Agency, the Public company "Broadcast equipment and communications" and the Ministry of Culture, Media and Information Society.
  • In order to reach such an agreement, it is necessary to provide licenses holders with an opportunity to obtain more favorable conditions for distribution and broadcast, that is access to the multiplex of the Public company "Broadcast equipment and communications" (reducing the costs of broadcasting), as well as remaining broadcasting licenses in force, but also the possible extension of their validity according to the provision of the Article 59 clause 3 of the Broadcasting Law. 
  • Having in mind that switchover to digital broadcasting would change the service zones of many licenses holders, as they would cover wider zones from ones they have licenses for, RBA could offer lower fees for broadcasting license and extension of its validity in return for undertaking of appropriate obligations when it comes to the program (program quota for the program of regional and local interest in the regions for which original licenses have been issued), or acceptance of the obligation of restraining from broadcasting programs specifically aimed at regional or local areas that have not been covered by the service zones of original licenses.
  • Successful completion of the negotiations would imply: conclusion of the contract between licenses holders and the Public company "Broadcast equipment and communications", by which the conditions for distribution and broadcasting, namely access to the multiplex, would be regulated in a manner acceptable to all parties and reaching an agreement on amendments and changes to the program elaboration which are considered as an integral part of a license for program broadcasting in line with the Rulebook on license issuing. By this, licenses holders would be enabled to return licenses voluntarily in return for the right to access to multiplex and an agreement in which this right and all accompanying rights and obligations would be clearly defined and regulated in a way acceptable to all parties.
  • Reaching of above said agreements would create a legal situation in which the Republic Broadcasting Agency, in accordance with the provisions of the regulations governing general administrative procedure, could replace the existing licenses by acting at the request of a party - a license holder.

This advocacy activity was supported by the Civil Rights Defenders

 

 

ANEM proposals for regulating the rights and obligations of licenses holders and adjustment of licenses in the process of digital transition are available (only in Serbian) here

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