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Legal support in obtaining a license for digital on-air broadcasting in 2019: all steps from “A” to “Z”

At the beginning of September 2019, our lawyers successfully supported the procedure for obtaining a Digital Broadcasting License. Currently, a tender competition is underway to determine the winner of the said license. One of the tenderers is a Client, who we have developed a full package of tender documents.

We started working on this project in winter 2019, and although the documents were fully prepared at the end of February, the Client applied for the tender at the end of August, when the National Council of Television and Radio Broadcasting of Ukraine announced the abovementioned tender. 

In this publication, we will discuss the whole process of obtaining the Digital Broadcasting License in Ukraine using our Client’s example.

Related article: Requirements For Founders And Participants Of Legal Entity Which Intends Becoming A Television And Radio Broadcasting Organization And Getting A License For Broadcasting

How to prepare for obtaining the Digital Broadcasting License? 

Once the Legal Services Agreement was signed by and between the Client and our company, our lawyers advised  the Client on the basic requirements for a company intending to obtain the Broadcasting License. They also elaborate on the requirements for the documents to be prepared and signed with the telecommunications operator in the respective territory of the broadcast. 

The Client decided to entrust us with all the work related to obtaining the Broadcasting License: from setting up a company to submitting a full package of documents required for the license tender. 

The first step involved the registration of the legal entity and development of the Editorial Charter, in addition to the standard constituent documents that are mandatory for any legal entity. The Editorial Charter is a specific document developed specifically for obtaining the Broadcasting License. 

The second step was to submit the documents for the Trademark registration, as far as it is necessary to specify the logo (trademark) of the company, in order to participate in the tender competition.

We also developed other necessary documents that could be drafted  before the announcement of the tender, given the fact that about half of the documents are to be developed after the announcement of the tender conditions. 

Related article: Importance Of Reliable Information Specified In Documents To Be Submitted To The National Council For Obtaining The Broadcasting License

The third step, prior to submitting the tender documents, involved the development of the final package of tender documents (after the announcement of the tender), including:

  • Program concept of broadcasting;
  • Agreement with the telecommunication operator;
  • Obligations to be undertaken by the company in case of winning the tender, etc. 

The fourth step: at the beginning of September, our specialists submitted a full package of documents for participation in the tender on obtaining the Digital Broadcasting License, as well as prepared and provided the Client with the payment details of the bid bond guarantee.

Related article: How To Optimize The Sum Of A Licence Fee For Issuance And Extension Of The Broadcasting License?

Results of legal support for obtaining the Broadcasting License

The Client was provided with a comprehensive range of legal services, including: 

  • Registration of the legal entity, which will obtain the license
  • Execution and submission of the documents required for the Trademark registration; 
  • Development of the company’s Editorial Charter; 
  • Registration of the company as a business entity engaged in information activity.

As of the beginning of October 2019, we are monitoring with the Client the tender results on determination of the winner and issuance of the Digital Broadcasting License. 

If you require any further information on the procedure for obtaining the Broadcasting License or you want to hire a qualified specialist for legal assistance, don’t hesitate to call us!

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