01. 05. 2009

PROBLEM WITH THE ILLEGAL STATIONS: ANEM OFFICIAL LETTER AND RESPONSE OF RATEL

Advocating for the improvement of the conditions at the media market, ANEM attentively monitored the work of regulatory bodies on clearing up the spectrum and reacted on several occasions, demanding the closure of the illegal stations. As it was evident, regulatory bodies were not efficient enough in solving this issue and parallel existence of legal and illegal broadcasters is still apparent in the market. 

A continuation of illegal stations work not only economically jeopardizes legal stations, but also prevents their right to perform their work without disturbance on the designated frequencies. ANEM has several times publicly appealed for more efficient solution in resolving the issue of illegal broadcasters. Among other, this was occasion for joint press conference in December 2008 and it was also the part of anti crisis measures that ANEM suggested.

Additionally, in February 2009, ANEM invited its member stations to provide necessary data of illegal broadcasters in their local environments and, according to these data, submitted to the regulatory agency - Ratel, an official letter on harmful interferences.

In the response on ANEM letter, on April 30, 2009. Ratel provided the information on measures that were undertaken in closure of stations broadcasting without license. In Ratel answer, it was stated that out of 151 illegally used frequencies that were verified, from September 1st to April 2009, only one third, or 55 frequencies, were released. Ratel performs the necessary measurements from their centers in Dobanovci and Nis, along with field work with frequency measurement vehicle. Closures of illegal broadcasters perform together controllers of RBA and Ratel, where Ratel conducts necessary measurements and both agencies perform forced closures. 

This procedure includes issuance of decision on prohibition and submitting the request for initiation of infringement procedure against persons in charge. If the persons in charge do not respond on decision on prohibition, Ratel launches the procedure of stations’ sealing, namely, their forced closure.

Analyzing the procedure of the closure, available legal competencies, conduct of the users of illegal frequencies and achieved results, Ratel came to the conclusion that many illegal station once again start broadcasting, or delay the process of closure (e.g. avoid to receive the decisions), and therefore, the increased number of illegal broadcasters is evident. At the same time, Ratel agreed with ANEM statement that the situation like this provokes the justly bitterness of legal broadcasters, justifying regulatory bodies’ ineffectiveness by lack of cooperation of state authorities.

As it was announced in reply to ANEM official letter, Ratel intends to undertake the following:
1. submit penalties against owners who oppose the process of closure
2. increase attention of the court on these particular cases
3. demand more active assistance of Ministry of Internal Affairs in process of closure of illegal stations
4. ask other interested parties for assistance (associations, organizations and owners of legal stations)
5. find the way for confiscation of equipment, which is seen as a key solution and should be foreseen by the provisions of the new law or with changes of the provisions of the existing law.   

Ratel also presented data of conducted activities related to illegal broadcasters which ANEM reported in its official letter. Regarding those illegal stations, Ratel stated that: for 6 illegal stations the requests for banning were submitted; 3 are in the process of transmitters' sealing; for 8 stations additional measurements and recheck has to be conducted and 3 stations were not recorded at all.