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The Law of Republic of Armenia "On Television and Radiobroadcasting"

[ unofficial translation ]

Chapter IV. Public Television of Armenia

Article 28. The Status and Principles of Operation of Armenian Public Television

The public television is a state enterprise with a special status. This Law regulates the legal part of the Armenian Public Television. It is launched by the State to guarantee the Constitutional rights of people to freely receive political, economic, educational, cultural, children's, teenagers, scientific, Armenian language and history, sport, entertainment and other popular information. It is operating according to this law, to its regulations and the RA legislation.

The Public Television Company carries out its activities in the sphere of producing and broadcasting the television programs of the Public TV and Radio Company, and the Public Radio Company carries out its activities in the sphere of producing and broadcasting the radio programs of the Public TV and Radio Company. Their supreme body of management is the Council of Public TV and Radio Company.

The production of an official statement, subject to broadcast by the Public TV and Radio Company, is carried out by the staff (the department) of the body that has presented that statement, or the Public TV and Radio Company, or other TV and radio companies, with the consent of that body.

According to the article 80 of the Constitution, the Public TV and Radio Company carries out the production of the video recording of the National Assembly sessions convened with the purpose of making inquiries to the government of the Republic of Armenia, as well as the live broadcasting of the National Assembly sessions and, in cases defined by the National Assembly, the video recordings (the audio recordings) of the National Assembly sessions. The staff of the National Assembly carried out the production of the video recording of the time period allotted for the parliament members’ announcements taking place at the last session of each Tuesday of the three-day sessions of the National Assembly, as well as the production of the “Parliament Hour” TV program and other programs stipulated by the law of the Republic of Armenia “Regulations of the National Assembly.”

The Public television and radio functions based on principle of democracy, objectiveness, unbiased and provide freedom of speech and creativeness.

Public Television and Radio Company is obliged to:

a) Broadcast the programs stipulated by the RA law “Regulations of the National Assembly” according to the procedure and time defined by that law
b) Allot at least two third of the programs to national production
c) To ensure the diversity of the programs with the possible selection of programs and series.
d) To make and realize a program policy:

1) To use the most convenient airtime for the most publicly popular program, presenting the official statement on the subject.
2) To provide the audience with programs that considers the interests of ethnic minorities, different social groups and different regions of Armenia.

e) To make sure deaf and mute people have access to information.

Public Television and Radio can provide airtime for the ethnic minorities in their languages.

The volume of those programs should not exceed to one hour per week for television and one hour per day for radio.

In public television and radio companies:

a) Commercial advertisement should not exceed 5 per cent of all programs.
b) A program in a process of a broadcast cannot be interrupted for a commercial advertisement.
c) In the aired program there shall not be a dominance of political orientation and political advertisement out of campaign period.
d) The length of the official statements of the President of the Republic, the National Assembly, the government cannot exceed 3 minutes a day for each of them.
e) During the state mourning the broadcast of advertisements and entertainment programs is prohibited. 

At least one channel of public television and radio shall cover the entire
country.

It is forbidden to use the frequencies used by the public television and radio by other broadcasting companies without particular agreement. During the strike of the staff of Public television and radio the company is obliged to provide with at least two news programs a day.

The National Assembly approves the regulation of the public television and Radio Company.

The council of Public Television and Radio Company works out the regulations of the Public Television and Radio Company and introduces it to the government of the Republic of Armenia. The government of the Republic of Armenia presents the regulations, as a legislative initiative, to the RA National Assembly, attaching its conclusion. The National Assembly of the Republic of Armenia ratifies the regulations of the Public Television and Radio Company by a law.

Article 29. The Council of Public Television and Radio Company

The executive body of the public Television and Radio Company is the Council. 

The President of the Republic appoints members of the Council.

The Council comprises of 5 members. Members are appointed for the period of six years. The Council elects a Chairman and members from among its staff. The functioning periods of the members of the first staff of the Council are defined in the additional provisions of this law.

The Head and the members of the Council are paid from the part of the budget for the Public Television and Radio Company.

The members of the Council are selected from the journalism, jurisdiction, the management of the television and radio broadcasting, science, cultural sphere and other qualified professionals, having graduated from institutions of higher education and having fluent knowledge of Armenian.

Those who cannot be members of the Council:

a) the leaders of political parties, 
b) foreign citizens and persons without citizenship,
c) the directors of public and private television and radio companies, 
d) persons who are in a contractual relationship with the broadcasting companies.

The Council functions based on this Law, its regulations, other legislative norms, and is independent within its jurisdiction. 
The Council can be liquidated in case this law is considered invalid or there is an amendment to the law.

Article 30. The Order of the Activities of the Council

The work of the Council is being organized through daily activities and session meetings.

The President of the Council calls the session meetings for no less than once a month.

The President of the Council for two reasons calls the extraordinary session.

a) by his/her initiative
b) by the request of at least two members of the Council.

The session meeting of the Council is legal if it is run by the President or by a vice president with the President's authorization and there should be more then half of the members present.

The session meeting of the Council is open. The Council provides with the publicity of its' functions.

Article 31. The President of the Council and the Members

The President of the Council is being elected from the members of the Council. The President:

a) Organizes the work of the Council and its staff.
b) Calling the meeting session of the Council and runs them, sign the decisions of the Council and the minutes of the meetings.
c) Coordinates and assures the work of the Public Television and Radio company. The President and the members of the Council during the implementation of their duty cannot be engaged in another paid work, except pedagogical, creative and scientific activities.

The members of the Council cannot be called back from their job before the end of term with the exclusion of the following cases when the member:

a) Has resigned.
b) Is elected or appointed in another state position.
c) Without valid reason over three months is not participating the work of the Council.
d) Is sentenced by the court verdict.
e) Has lost the citizenship of RA,
f) In case of death.

In cases of above mentioned the work of the Council can be terminated before the expiry date by the Decree of the President.

In case of a vacant place in the Council the President of the Council informs the

President of the Republic and it shall be filled within one-month time.

The same person cannot be elected a member of the Council more then twice.

Article 32. The Jurisdiction of the Council

The Council of Public Television and Radio Broadcasting Company:

a) Defines the overall broadcasting volume of the Public TV and radio company programs, as well as the number of TV and radio channels.
b) Approves the structure and the schedule of the programs.
c) Writes and provides the government with its Regulations for approval.
d) Sets the expenditure regulations.
e) Approves the status of the staff (Television and Radio Broadcasting Company), their contracts and payments.
f) Defines the category of staff who are cannot to work in other television and radio broadcasting companies and media.
g) Defines the rules of competition for the vacancy of the Head of Public Television and Radio Company. 
h) Appoints the executive directors of Public Television and Radio Companies who passed the competition for vacancy.
i) Approves the deputy heads presented by the executive directors of Public Television and Radio Companies.
j) At least once a year receives a report by the Heads of the Public Television and Radio Companies.
k) In case of unsatisfactory work fires the Heads of Public Television and Radio Companies.

The implementations of the decisions of the Council are obligatory for the Heads of the Public Television and Radio Companies.

The Function of the Council is public. The Council shall inform media regularly about its activities and taken decisions.

The Council provides the President of RA and the National Assembly with the annual report.

Article 33. The Jurisdiction of the Executive Body of the Council

The executive body of the Council appoints the Executive Directors of the Public Television and Radio Companies on a competition basis.

The executive Directors and Deputy Directors of Public Television and Radio Companies:

Direct the current activities of the Public Television and Radio Companies.
Approves the administrative structure, release orders, sign agreements and
monitor their implementation.
Approves the size of the payments for the staff.
Participate in the work of the Council with the right to advising voice.
In the country, outside the country present the Public Television and Radio
Company.

The executive Directors of Public Television and Radio Companies are appointed or fired by the two third of the Council's voice.

Article 34. The Staff of the Council

The Council organizes its work with its staff. The Council decides the structure and the number of the staff presented by the President of the Council.

Article 35. The Financing of Public Television and Radio Company Expenditure

Each year the council of the Public TV and radio company forms the budget of the expenses of the public TV and radio company for the following year, indicating in a separate line the sum of money allotted to the public TV and radio company Council, Public TV company and Public radio company, presenting it to the government of the Republic of Armenia. The latter presents it to the RA National Assembly for confirmation.

The Preliminary calculations for the expenditures shall satisfy the implementation of Council's functions based on this Law.

Article 36. The Annual Statement of the Council

Before March 1 of each year, the Council introduces to the National Assembly a statement (including a policy and financial statement) on the previous year’s activities of the Public TV and Radio Company.

The chairman of the Council presents the statement at the session of the National Assembly. The statement is discussed at the session of the National Assembly according to the procedure defined by the RA law “Regulations of the National Assembly” and is taken into account.

The Council shall publish the statement in the press.

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