Legislation
Laws
The Law of Republic of
Armenia "On Television and Radiobroadcasting"
[ unofficial translation ]
Chapter VI. Licensing of the Television and Radio Broadcasting
Companies
Article 47. Licensing. The Licensee
The license is the only legal basis allowing to implement the
broadcasting of television and radio programs in using certain
frequencies, cable or wire network for the programs in the territory
of RA, Exclusions are stated in the Armenian legislation:
The license for broadcasting shall be given on a basis of a
competition according to the list of frequencies.
A license allows the licensee to sign lease contracts with the
organizations and enterprises that have telecommunication devices,
in order to carry out TV and radio broadcasting.
The licensed entity cannot sell or pass on the license to another
entity.
Article 48. The List of Frequencies
The state telecommunication body using the list of International
Telecommunication Union, ITU, is setting up the frequency list in
the territory of Armenia and providing the national Commission with
the list.
The National Commission:
1) At least once a year shall publicize the frequency list and shall
announce the tender for frequencies.
2) At the beginning of each year shall publicize the rules,
conditions and the time for tender.
3) Shall set up the rules for license payment.
Article 49. The Application for License
The application for licensing the broadcasting of television and
radio programs shall contain:
a) The type of a television and radio broadcasting company (airing,
cable, wire).
b) The name of an applicant and the juridical address.
c) The type of broadcasting programs (airing, cable, wire)
d) The subject and the specialization of television and radio
programs.
e) The regularity and the maximum volume of television and radio
programs.
f) The language of television and radio programs, as well as the
language programs, if there are any.
g) The territory covered by the program and the population number.
h) Information about the applicant's other licenses for other
television and radio companies or media, as well as about the
producing and broadcasting them.
i) Information about technical facilities
j) Information about possible financial source
k) Information about the airing time and date of the program.
l) Preliminary information about the number, education and level of
professionalism of the staff.
m) The date of application.
There shall be documents about the company, status of legal entity,
and a receipt of dues payment for taking part in the licensing
competition, attached to the application.
Article 50. The Selection of Licensees
During the selection of and entity for licensing the National
Commission considers:
a) The prevalence of local programs.
b) The prevalence of national programs.
c) The technical and financial possibilities of an applicant.
d) The professional level of the staff.
If the applicant pretends to receive a license for cable or wire
television and radio programs broadcasting, he/she needs to have
also the consent of local authorities regarding the implementation
of technical conditions while creating the corresponding network.
The implementation of necessary conditions for broadcast licensing
and the selection of broadcasting company should be no later then
sixty days after getting registered at the licensing body.
Article 51. The Rejection of a License
The License is not being given if:
a) According to this law the applicant cannot be a licensee.
b) The information stated in the application is not true.
c) The technical facilities for broadcasting do not exist or are not
sufficient.
The rejection of a license is given in a written form to an
applicant, within ten days of the decision.
The rejection of a licensing can be complaint in the court.
Article 52. The Content of Television and radio Broadcasting
License
The license consists of the following information provided by the
applicant:
a) Full name of the applicant.
b) The status of the television and radio company.
c) The type of broadcasting.
d) The address of television and radio company.
The license consists of the following information provided by the
National Commission:
a) The territory covered by the broadcast.
b) The hours of TV and radio programs broadcasting during the day.
c) Note about the payments for the license.
d) Note about the limitations.
e) The number and the date of the license.
f) The expiration date of the license.
The license consists of the information about the applicant agreed
by the National Commission:
a) The frequency of television and radio programs.
b) The technical information about private or rented facilities.
c) Facilities with radiation and their location.
d) The existence and location of radiated devices.
e) Expected audience.
f) The language of the programs.
g) The subject of the programs and the specifications.
h) The volume of the programs. i) The airing time of the programs.
Article 53. The Licensing
The licensee gets the license within ten days after the payments
are made.
The amount of the licensing payment for broadcasting TV and radio
programs depends on the transmitter capacity and the possible area
of coverage. National Commission sets up the size of the payment,
however it cannot be less than 500-fold of the minimum wages.
In order to use a broadcasting frequency, a licensee pays annual
airtime fee the amount of which is calculated based only on the
expenses necessary for maintaining the frequencies.
Article 54. Dates of Validity for License
Licenses are given for broadcasting of television and radio
programs:
a) Ten years for cable (wire) broadcasting,
b) Seven years for terrestrial broadcasting.
Two months prior to the expiry of the broadcasting license, the
National Commission announces a competition for broadcasting on that
particular frequency, on a general basis.
During the competition for a broadcasting license for a free
frequency, in case of other equal conditions, a preference shall be
given to:
a) the functioning TV and radio companies that haven’t violated
the legislation in the process of their activities,
b) the functioning companies that have at least 3 years of
experience in the sphere of producing and broadcasting TV and radio
programs.
If 1/5 of the TV and radio frequencies, completely stipulated for
re-broadcasting by part one of article 10 of this law, is not
occupied, and in case there is an application for re-broadcasting, a
preference may be given to the re-broadcaster.
Article 55. Abolishing the License
The National Commission can abolish the license if:
a) it has been obtained illegally.
b) There have been violations of the license conditions and three
notifications about it within one year by the National Commission.
c) The discrepancy of the technical equipment of the TV and radio
company to the accepted standards, proved by experts, is threatening
to the health of people, creating obstacles for function of other
television and radio broadcasting companies, does not have
sufficient level of technical quality, and fifteen days after the
notification of the National Commission these problems are not
solved.
d)The license has been confessed to other physical or legal
entities.
e) The licensee six months after obtaining the license has not been
engaged in broadcasting television and radio programs.
f) The licensee has applied to consider the license to be invalid.
The National Commission does not bare responsibility for the damages
created due to the liquidation of Television or Radio Company. The
fee for license is not refundable.
The decision of the National Commission on abolishing the license
can be appealed in the court. If the decision of abolishing the
license is considered to be groundless, the National Commission is
obligated to compensate the damages caused to the TV and radio
company.
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