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The authors of amendments propose that paragraph “d) if the holder does not start broadcasting within at most one year from the date of license issue” be supplemented by the phrase “except in cases provided in paragraph d1).” Paragraph d1) reads: “if the holder does not start broadcasting within at most 3 months from the date of license issue in case of broadcasting through an electronic communications network used under a contract, for an already existing programs service.”
In the explanatory note accompanying this draft law, the Minister of Information Technology and Communications Vasile Botnari states that “after obtaining broadcasting licenses for the use of Multiplex A (the majority of which were issued on April 1, 2016, and the last 3 on June 07, 2016), by February 08, 2017, only 8 of the 15 broadcasters holding licenses had concluded contracts with the multiplex provider, which, since November 01, 2017, provides a digital signal with 7 unfilled slots.” According to the ministry, the outlets’ delay to start broadcasting not only brings considerable material damage to the multiplex provider (about 40,000 euro monthly), but also limits the possibilities of other interested outlets, which failed to obtain the broadcasting license, to broadcast their program services via the multiplex. “This draft law will rule out delays in the start of broadcasting through an electronic communications network used under a contract by specifying and defining some reasonable terms for this purpose, while for other broadcasters the current term of one year will be kept,” the explanatory note reads.
Media Azi asked media expert Ion Bunduchi for his opinion on the amendments proposed by the authors of the draft law:
“Clear rules of game are needed everywhere. But how much clarity would this addition to Article 27 bring? Suppose that tomorrow the proposal becomes law. How is it applied? Licenses were issued on April 1, 2016, so it has been more than three months since then. If the law says that the license shall be withdrawn if the outlet does not start broadcasting within at most 3 months, and the BCC [Broadcasting Coordinating Council] withdraws it after 11 months, how is the law observed? Another puzzle: if the license is granted today, and in 3 months the multiplex isn’t ready, what happens?
“It is true that if you obtain a license through a contest, you must fulfill the license conditions, as broadcasters take part the contest voluntarily.
“It is equally true, however, that the holders of licenses for multiplex A are stalling, either to save resources or to gather resources. Whatever we say, the monthly fee is exorbitant for many televisions in the country.
“What can happen if the change becomes law? The multiplex operator will recover its investment more quickly at the expense of the televisions that will be able to pay the fee imposed. Such televisions could be foreign or have a foreign content, in all the remaining 7 slots. But in fact, the goal of digital terrestrial television is better information for citizens. So, it would be better to find legal rules that would harmonize the interests of all stakeholders (the public, the state, televisions), and not pursue only the interests of an economic agent.
“By the way, since Article 27 is already being “meddled” with, let’s remember that it contains extremely declarative, therefore dead, rules. For example, what does it mean that “the holder systematically fails to meet the conditions specified in the license” or that “the holder violates the requirements of this Code,” or that “the broadcasting ownership rules are violated”?! When did these rules work? How many times have they been applied? Maybe these rules should have been better defined, so that they could be applied? Therefore, we find, yet again, that interventions into the legislation are proposed without pursuing the major social benefit.”
The draft law has been published on http://particip.gov.md/proiectview.php?l=ro&idd=3909 and it can be commented on publicly until March 9, 2017.
