30. 10. 2013

ANEM REQUEST TO RBA FOR ACCESS TO INFORMATION OF PUBLIC IMPORTANCE

On October 30, 2013, ANEM submitted to the RBA the request for access to information of public importance regarding the Public tender (open competition) for issuing TV broadcasting license for the territory of the Republic of Serbia, published in the daily "Politika" on October 25, 2013.

In its request, ANEM asked for documentation and answers to ANEM questions be provided.

ANEM questions:

• What is the legal basis for calling an Open Competition, having in mind that the announcement for the tender also calls on the Rulebook on Frequency Allocation Plan that has not yet entered into force?

• How is it possible that the list of frequencies that comprise a new national network for TV program broadcasting also includes the frequencies that are not available, at least according to the official registry of the Republic Agency for Electronic Communications, namely the following:

Channel 27 - Avala, with the Public Company "Broadcasting Equipment and Communications (ETV) as the radio station license holder,

Channel 31 - Crveni Cot, with the Public Company "Broadcasting Equipment and Communications (ETV) as the radio station license holder,

Channel 64 - Ovcar, with the Public Company "Broadcasting Equipment and Communications (ETV) as the radio station license holder.

In this regard, ANEM has requested the answer to the question whether a national network can cover 60 % of the population of Serbia even without these three frequencies, bearing in mind the obligation prescribed in the Article 47 of the Broadcasting Law.

• How is it possible that the list of frequencies that comprise a new national network of television program broadcasting includes the following frequencies:

Channel 64 - Jastrebac - this frequency belonged to broadcaster TV Zona from Nis; the license for radio station was revoked on January 26, 2013;

Channel 51 - Kikinda - this frequency belonged to Super TV from Subotica, who was issued a license for coverage in the territory of the Autonomous Province of Vojvodina (one of the frequencies is also Channel 51 - Kikinda). The license for the radio station was revoked back on March 15 2009.

In this regard, ANEM requested answers also to the following questions:

• Upon the revocation of the broadcasting license of TV Zona from Nis, has a new tender been announced for the same coverage area, given the legal obligation under Article 49 Paragraph 2 Broadcasting Law?
• If yes, has the frequency Channel 64 - Jastrebac been included in the announcement for the new tender?
• Upon the revocation of the broadcasting license of TV Super from Subotica, has a new tender been announced for the coverage in the territory of AP Vojvodina?
• If yes, has the frequency Channel 21 - Kikinda been included in the announcement for the new tender?
• If no, why a competition for commercial broadcasters in the territory of AP Vojvodina has not been announced since 2009, in keeping with the provisions of the Broadcasting Development Strategy until 2013, which explicitly points out that Article 47 of the Broadcasting Law stipulates the existence of commercial broadcasters at the provincial level, namely treats the existence of such commercial broadcasters as a legal obligation?
• In relation to the above two questions, has the Broadcasting Development Strategy been amended/put out of force; if not, has the provision of the Article 47 of the Broadcasting Law been violated, given that there is no commercial broadcaster for the territory of AP Vojvodina?

Required documents:

• Documentation of the Republic Agency for Electronic Communications (RATEL), namely the Ministry of Foreign and Internal Trade and Telecommunications, based of which the RBA Council has decided to call the competition for the issuance of licenses for national coverage;

• Calculations showing that 21 frequencies contained in the relevant public tender have all required technical elements that will allow future broadcaster to cover 60% of the population of the Republic of Serbia, pursuant to the obligation of all commercial broadcasters prescribed in the Article 47, Paragraph 3 of the Broadcasting Law.

Attached is the official request of ANEM (in Serbian).
RBA's RESPONSE TO ANEM (available only in Serbian)