30. 12. 2010

ANEM suggestions for adjusting valid broadcasting licenses to the conditions for digital terrestrial broadcasting

On December 30, 2010, ANEM submitted to the Ministry of Telecommunications and Information Society, the RBA and RATEL, its written suggestions for adjusting valid broadcasting licenses to the conditions for digital terrestrial broadcasting. Adjustment of licenses has been foreseen as one of the activities in the fourth quarter of 2010, as provided by the Action Plan of the Strategy for Switchover from analog to digital broadcasting of radio and television programs. According to the Plan, it should be done in a way that does not affect the programming aspect, does not change the service area and does not shorten the period of validity of licenses, all in accordance with the Rule Book on switchover from analog to digital broadcasting of radio and television programs and multiplex access in digital terrestrial broadcasting.

Considering that the implementation of this activity is very important to the broadcasters, as well as that potential problems in this area have already been identified, ANEM has timely submitted this letter to the competent authorities, thus representing the interests of its members.

The essence of ANEM suggestions are as follows:

• Issuing broadcasting licenses falls within the competence of the RBA and is regulated by the Broadcasting Law. Therefore, it is unacceptable for RATEL to continue regulating this matter after the switchover to digital broadcasting with its act, as stated in the Draft Rule Book governing the switchover and multiplex access, which ANEM has already objected to, in a letter sent to the Ministry on December 2, 2010.
• Adjusting the licenses does not include changing valid licenses, only replacing licenses issued to electronic media, namely radio and television stations, as part of unique licenses for radio and television program broadcasting, with permits to multiplex access, in line with the Broadcasting Law.
• As follows from the Feasibility Study and Plan for radio coverage with digital TV signal in the Republic of Serbia, presented at RATEL on December 15, 2010, it is obvious that there is an issue with the sustainability of the existing service areas granted by valid licenses, especially in relation to local broadcasters, which needs to be resolved as soon as possible.
• Hence, urgent consultations and negotiations between license holders and the RBA need to be initiated, with the active participation of RATEL and the Ministry of Telecommunications and Information Society, regarding:

a) validity extension of the broadcasting licenses issued in accordance with the Broadcasting Law

b) introduction of acceptable regulatory obligations as a condition of extending the validity of issued licenses, by binding or generally binding guidelines; with these guidelines, the longer validity of issued licenses, which would, out of technical reasons, grant wider service areas, would be conditioned with the acceptance of regulatory obligation not to misuse the expansion of the area, namely with incentive measures for the consolidation of the market.

The essence of these negotiations lies in preventing possible serious disturbance in the functioning of the media system after the digital switchover - either unequal position of local and regional broadcasters, or further media shutdown, uncontrolled media concentration and the creation of monopolistic influence on public opinion.