19. 02. 2010

ANEM PARTICIPATION IN PUBLIC DISCUSSION ON THE DRAFT RULES FOR REGULATING CABLE BROADCASTING

Broadcasting Law from 2002 stipulates that the Republic Broadcasting Agency (RBA) is competent for regulating the procedure for the issuance of licenses for cable broadcasting. However, this matter is still not regulated, which puts cable broadcasters in a far more favorable position than terrestrial ones, which, in turn, considerably impedes the functioning of the media market.

In December 2009, under pressure from the media to regulate this matter, the RBA laid down Draft Rules on Cable Broadcasting and tabled it for public discussion. Entitled to present their opinion and objections to the said Draft were cable broadcasters, but also media associations.

Believing that this matter needed to be promptly and adequately regulated and in view of the fact that the delayed regulation in this area has created problems for its member stations and other terrestrial broadcasters, ANEM submitted to the RBA its suggestions concerning the said Draft on February 19, 2010.

ANEM principal suggestions for amending the Draft are as follows:

• The RBA should not only verify formal compliance with documentation requirements for broadcasting license issuance, but also fundamentally assess each single application regarding the fulfillment of technical, organizational and program conditions for the production and broadcasting of program.

• In addition to formal requirements, the RBA should provide for technical, organizational and program conditions that will serve as a basis for assessing the fulfillment of requirements for the issuance of the license;

• The Rules must clearly stipulate that the RBA shall be authorized, on the basis of the assessed fulfillment of technical, organizational and program conditions, to pass a decision granting or denying a license for broadcasting of a particular radio or television program;

• Natural or legal persons declared as broadcasters under foreign regulations should be permitted to apply for localized channels only if the license granted in their country of origin does not apply to a channel localized for Serbia;

• Certain provisions of the Rules need to be conformed to the new Law on Copyright and Related Rights and therefore the competent Intellectual Property Office should be consulted with regard to the interpretation of the provisions of the said Law;

• Instead of the licenses being issued for just one year, as provided for in the Draft, a validity period of a maximum 8 years stipulated in the Law should be laid down, which period may be shorter only at the request of the applicant; furthermore, in accordance with the Law, its needs to be stipulated that the validity of the license may be extended, if the applicant lodges a request no later than six months prior to the expiry of the existing license, provided that the required documentation is submitted;

• Legal remedies should be provided where a request for the issuance of a license for the broadcasting of radio or television program is turned down; entitled to such remedies (objection) should be the natural or legal person wishing to air the said program;

• It should be stipulated that the Operator that has been granted a license for broadcasting a particular program and that is distributing that program must air that program without any signal modifications, unaltered and as received from the license holder, without inserting commercials, press releases or other similar content; if the license holder has been granted the status of broadcaster under foreign regulations, the Operator should air the said program unaltered and as aired in the state where the said status has been granted. Any changes to the program should be subject to a special authorization by the RBA;

• The Operator should be obliged to protect the right of the person holding the exclusive right to broadcast a particular program and substantiate that right, failing which it will be held accountable for damages; at the same time, the Operator should also be entitled to damages if it has acted under a request that was later established to be unfounded, unless where the request was undocumented;

• A new article should be added barring the discrimination by the Operator of terrestrial broadcasting license holders; such article should also empower the RBA to prevent any discrimination of program producers or disruption of competition.

                                                                                                                                                                          This ANEM advocacy activity was supported by Civil Rights Defenders. 

The integral text of ANEM’s objection to the Draft Rules on Cable Radio and Television Broadcasting may be consulted here (available only in Serbian)