Importance of reliable information in documents, which are applied to the National Council for the obtaining the license on broadcasting
To get a license for broadcasting (multicasting, over-the-air broadcasting, cablecasting, satellite broadcasting), you should submit to the National Rada (National Council) on television and radiobroadcasting the package of document specified by the Law of Ukraine “On television and radiobroadcasting”. Those documents include the Program broadcasting conception of television and broadcasting organization according to requirements of Article 28 of the Law of Ukraine “On television and radiobroadcasting”, and also the applicant’s obligations on organizational technical, financial and investment matters.
In this article, the consequences of violation of license requirements will be considered which are raised to a license applicant and to a television and broadcasting organization that has already a license for broadcasting. And also recommendations will be given how to prevent violations and sanctions for such violations.
In particular, the following is specified in the TV channel’s broadcasting program conception: total amount of broadcasting; minimal share of the national audiovisual product; minimal amounts of cultural, science education and other TV programs.
Besides that, the Law of Ukraine “On television and radiocasting” contains a number of requirements which a television and radiobroadcasting organization that has already a license for broadcasting should comply with. Among such requirements, it is reasonable to single out the following:
- part 1 of Article 9 – In the total amount of broadcasting of every television and radiobroadcasting organization, the national audiovisual product should be not less than 50%.
- part 3 of Article 10 – For a week of broadcasting at the television and radiobroadcasting organizations of local category (which perform over-the-air broadcasting and/or multicasting using the radio-frequency resource according to the licenses), TV programs and films performed in the national language should be not less than 60% of the total duration of TV programs and films in each interval of time between 07.00 and 18.00 and between 18.00 and 22.00.
- part 4 of Article 10 – Television and radiobroadcasting organizations which in accordance with the license perform over-the-air broadcasting and/or multicasting using the radio-frequency resource and / or satellite broadcasting should provide the share of news programs in the national language in amount not less than 75% of the total duration of all news programs broadcasted by the television and radiobroadcast organization in each interval of time between 07.00 and 18.00 and between 18.00 and 22.00.
- part 3 of Article 43 – It is prohibited to broadcast television and radio programs or broadcasts for the territory that is bigger than it is specified in the license of the National Rada. (That territory is specified by the license applicant yet at the stage of submitting documents for getting a license).
In case a licensee breaches the law norms defining the terms and conditions of getting a license and the procedure of carrying out activity, that will be the reason for applying sanctions on the part of the National Council that are provided by the above-mentioned Law “On television and radiobroadcasting”.
Among possible sanctions, there may be a warning with requirement about elimination of breach of the law. However, in case after that warning a television and radiobroadcasting does not eliminate the breaches within time limits set by the National Rada, the National Rada will take a decision about recovery of penalty in amount from 5% to 25% of the amount of the license fee which was paid for issue of license.
For example, not long ago (10.01.19), the National Rada decided to apply sanction of “penalty recovery” for the sum more than 38 thousand Hrn. against the both broadcasters for incorrect amounts of broadcasting of the national audiovisual product and non-compliance with license provisions in part of the broadcasting program conception (the fact is important that those provisions are specified partially by the licensee himself namely at the stage of getting a license for broadcasting).
However, the most severe sanction is cancellation of license based on the court decision on the claim of the National Rada.
Thus, to avoid refusal to issue license for broadcasting and to avoid sanctions on the part of the National Rada in future, you should, yet at the beginning of preparation of the package of documents for getting license for broadcasting, specify in the document the reliable information which in future will correspond with actual terms and conditions of broadcasting performance.
Since the inconformity of information you specified in the broadcasting program conception with the actual performance is one of the reasons for application of sanctions on the part of an authorized body. And after getting license already, it is important to keep to the provisions which were defined in the broadcasting program conception and actually norms of the law regulating the procedure of broadcasting performance.
In case you want to get a license for over-the-air broadcasting and make yourself safe from sanctions on the part of the National Rada in future, please call: 0 800 330 967
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