Decision No 277 of 6 June 2013

10.04.2013


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Decision No 277 of 6 June 2013
on the procedure for issuing, amending, extending the validity of the licence and of the authorisation decision and of audiovisual broadcasting, except for terrestrial digital broadcasting, and the conditions for local broadcasting, retransmission or taking over of programmes of other broadcasters

Text in force starting from 13 November 2013
Text provided by: NEAMT INFORMATION TECHNOLOGY COMPANY

Text updated on the basis of the amending legislative acts published in Part I of the Official Gazette of Romania as of 13 November 2013, using the LEX EXPERT IT application:

Basic act
# B: Decision No 277/2013 of the National Audiovisual Council

Amending acts
# M 1: Decision No 614/2013 of the National Audiovisual Council

The amendments made by the addendum are in italics. Each amendment is preceded by the legislative act which made that amendment, using the symbols # M 1.

# B
Having regard to the dual role of the National Audiovisual Council, as the guarantor of the public interest and as single regulatory authority in the field of audiovisual media services,
For the purposes of specifying the procedure and audiovisual licence conditions and the decision authorising the broadcasting of audiovisual services for radio or television programmes,
Taking into account the need to ensure an appropriate relationship between the national programmes and local, regional or thematic services,
In order to protect the interests of local communities to receive information from local news and programmes of interest to the broadcasting of a social, economic, cultural and political
Having regard to the obligations on the National Audiovisual Council in ensuring pluralism of information sources the public and encourage free competition,
Pursuant to Article 10 (3) (a) to (f), 17 (1) (a) and (d), Articles 22, 24, 44 (12) and (13), 48, 51, 52, 54, 56, 58 and 68 of the Audiovisual Law No 504/2002, with subsequent amendments and supplements;

The National Audiovisual Council has adopted the following decision:

CHAPTER I
General provisions

Art. 1
(1) This Decision lays down the procedure and conditions for the granting, amendment, extension of the audiovisual licence, the issuing procedure and amending the Decision authorising the dissemination of audiovisual services for radio or television programmes, hereinafter content services, and disposal of the licence and the audiovisual authorization decision.
(2) Program services broadcast in digital terrestrial system are not subject to the present Decision.

Art. 2
(1) For the purposes of this Decision, the terms and expressions below have the following meanings:
a) local programme — news, information, reports, interviews, debates on events in economic, social and cultural life of the community in the area covered by the broadcaster’s programmes and in the region where the broadcaster unfolds its activity;
b) self conceived program — the overall programmes or broadcasts for which the broadcaster is a producer or co-producer, with a financial contribution of producing amounting to at least 25 % of total costs;
c) representative — the legal representative or any person authorised by it to employ the applicant in relation to the National Audiovisual Council, hereinafter called NAC.
(2) In this decision are also applicable the definitions laid down in Article 1 and Article 44 (12) of the Broadcasting Act No 504/2002, as amended (hereinafter referred to as the Broadcasting Act.

Chapter II
The procedure and conditions for granting/amendment of audiovisual licence

Art. 3
The licence shall be granted following a competitive procedure for broadcasting by terrestrial means, namely by NAC Decision for broadcasting via an electronic communications network.
Art. 4
(1) The application file, depending on the subject of the request and of technical broadcasting mode, must contain the following documents:
a) application, in accordance with the standard form set out in Annex 1;
b) the editorial strategy for the period of validity of the audiovisual licence;
# M 1
c) * * * Abrogated
# B
d) the agreement from a service distributor, only if the applicant does not have its own network of electronic communications;
e) the editorial project containing in principle the format of the programme services, the percentage reserved for European works under the conditions specified in Articles 22 and 24 of the Broadcasting Act, the list, description and classification by type of programme broadcasts, the shares of different kinds of programme information, cultural, educational and entertainment programmes, other external sources of arguments that may be helpful to support editorial project; in order to ensure the fundamental right to information, the generalist programme services will reserve a considerable share information in compliance with legal requirements set out for correct public information stipulated by the audiovisual legislation in force;
f) the technical project of the equipment in studios and of the editing groups, facilities for the external transmission, other arguments that may be helpful to support the technical project;
g) the financial project with the financial sources and the financing plan, the initial amount of investment and the expected return on advertising revenue, other elements that would allow an assessment of the sustainability of the project;
h) the structure of the programme services, in accordance with the editorial project, entered in the application provided for in Annex no. 1, accompanied by the programme for a period of one week;
i) identification elements of the programme service, under the conditions of paragraph (5);
j) the list of publications edited by the applicant and the list of the other programme services it provides;
k) the notary declaration, issued at the time of application, regarding data required under Article 54 (1) (b) in conjunction with Articles 44 and 51 of the Broadcasting Act.
(2) The applicant person who is a Romanian trader shall enclose with the application file also the following documents:
a) a certificate of registration in the Trade Register Office of the legal person or the natural person authorised, authorised family association, of the individual enterprise or family business in copy;
b) the legal document of company establishment, with all its subsequent amendments and supplements, accompanied by certificates of registration, in copy, or a certificate of good standing issued for that purpose by the Commercial Registry Office within maximum 15 days prior to dispatch of the notification in the original;
c) the certificate of good standing issued by the Trade Register Office, issued no more than 30 days before the registration file, specifying the activity object and the ownership structure at the time of the application for the audiovisual licence, in original; if in the shareholders structure there are directly or indirectly, legal persons, official documents proving their ownership until the natural person will be made available;
d) proof of the applicant’s legal representative;
e) the ID document of the natural person authorised, in copy;
f) the tax certificate of the applicant.
(3) The Romanian legal person without the status of trader will annex to the application file also the following documents:
a) the tax registration certificate, in copy and the certificate of registration in the register of associations and foundations and federations, as the case may arise, in copy;
b) the constituent instrument, with all subsequent amendments and supplements, in copy;
c) proof of the applicant’s legal representative.
(4) Applicants foreign persons with their main office in the Member States of the European Union or of the European Economic Area will annex to the application file and the following documents:
a) the documents equivalent to those referred to in paragraph (2) (a) and (b) or (3) (a) and (b), as appropriate;
b) the appointment of a person empowered to bind the applicant in relation to the NAC and contact address chosen thereof in Romania.
(5) Identification elements of the programmes shall be, where appropriate:
a) for television programme services — logo item presented graphically or recorded electronically;
b) for radio broadcasting programme services — identification signals recorded electronically.
(6) The application file shall register with the NAC and shall be checked by the Legal and Regulation Service and by the Licence and Authorisation Office, within 5 days since the registration.
# M 1
(7) If the submitted application file is incomplete or the documents are presented in an unsatisfactory form, the Licence and Authorization Office shall request the applicant to complete the authorisation file, providing the applicant with information regarding the required documents, the conditions under which they must be submitted and the deadline for file completion. Fulfilment of conditions regarding the required documents and the deadline compliance shall be certified to the applicant’s by the Licence and Authorization Office.

(8) The request referred to in paragraph (1) (a) shall be rejected in the event of failure to fulfil the deadlines for submission or compliance with the conditions under which documents and documents accompanying the application must be made, stipulated by the Licence and Authorization Office.”
# B
Art. 5
The NAC announces publicly competitions for granting licences for the broadcasting of audiovisual programmes by terrestrial broadcasting means. The announcement shall be published in the press, on the web page of the CNA, at www.cna.ro and shall be displayed on the premises of the institution.
The competition is open only to applicants who fall under the provisions of art. 43 paragraph (1) and of art. 47 of the Broadcasting Act and who have obtained the technical opinion issued by ANCOM, under the conditions laid down by it.
For entering the competition, applicants will meet the deadlines and conditions established by decision of the NAC.
Art. 6
In the case of program services broadcast over electronic communications networks, the public debate on the application shall take place within a maximum of 30 days from the date of submission of the application; Applicants will be informed of the date of debate.
Art. 7
In public debate, the applicants will be represented by a team of a maximum of 5 persons authorised to provide members of the NAC explanations on issues related to:
(a) the status of the person requesting legal situation, capital structure, other management issues;
(b) the format of programmes in principle, programme structure, other issues specific to the editorial dept;
(c) the production capacity laid down, the studio and equipment, other technical and editorial issues specific departments; The financial contribution to the project.
Art. 8
After hearing the applicants (1), CNA will decide on granting the audiovisual licence, taking account of the following general criteria:
a) the consideration of the public interest;
b) the need to maintain a balance between the national, regional and local programmes, with the exception of the extension of the audiovisual licences every 9 years, according to the law;
c) the avoidance of abuse of a dominant position and practices which hinder free competition;
d) the editorial strategy, compared to the NAC strategy for national coverage with audiovisual program services, laid down in Article 68 of the Broadcasting Act;
e) the supply of programmes and their content, presented in the editorial project;
f) the experience and competence in the audio-visual field, where appropriate.
(2) CNA also decides on the granting or extension of audiovisual licence, taking into consideration the following criteria for assessment of the structure and format of the programme services:
a) respect for fundamental human rights and for the protection of minors;
b) respect for political and social pluralism, cultural diversity, linguistic and religious diversity, the information, education and entertainment of the public;
c) promoting culture and protection of the Romanian language, culture and languages of national minorities;
d) the total duration of daily service for the broadcasting of the programmes;
e) the type, timing and duration of the broadcast and re-broadcast of programmes;
f) the operation situation of other licences held by the applicant or by the shareholders of the applicant company, as appropriate;
g) the situation of the sanctions, reporting to these sanctions and the measures adopted for law compliance, where appropriate;
h) the percentage allocated for local, regional and local audiovisual programmes broadcast by terrestrial radio-electric way.
Art. 9
(1) Audiovisual licensing or, as appropriate, the extension of the audiovisual licences for television programme service broadcasting, CNA will necessarily take into account both the criteria referred to in Article 8, and the commitments of the applicant as regards the percentage reserved for European works, under the conditions laid down in Articles 22 and 24 of the Broadcasting Act.
(2) There shall be excepted from the obligations on the proportion reserved for European works, under Articles 22 and 24 of the Broadcasting Act, television programme services which meet all the following conditions:
a) have a potential audience of recorded reaching up to 3 % of the population of the country;
b) shall not disseminate feature-length films and series for television;
c) the content of the programmes is only of local interest.
(3) Television programme services broadcast on the basis of a licence granted for Bucharest are exempted from the obligations on the proportion reserved for European works, under Articles 22 and 24 of the Broadcasting Act, subject to the simultaneous fulfilment of the following conditions:
a) shall not disseminate feature-length films and series for television;
b) the content of the programmes is only of local interest.
Art. 10
The audiovisual licence decision is made known to the public.
Art. 11
In the case of broadcasting by terrestrial broadcasting means, Audiovisual licence holder granted following the contest will require emission ANCOM licence is issued within the time limit and under the conditions laid down by it.

CHAPTER III
Procedure for issue/change of authorisation decision audiovisual

Art. 12
(1) Broadcasting of audiovisual programmes may commence only after obtaining the audiovisual authorisation decision and in keeping with the conditions laid down in the audiovisual licence.
(2) The audiovisual licence holder is obliged to request the CNA the issuance/changing the authorisation decision, according to the standard form provided in Annex 1, under the following conditions:
a) no later than 60 days after the technical functioning authorisation is issued by ANCOM, for the transmission by terrestrial broadcasting means;
b) at least 15 days before the expiry of the period referred to in Article 57 (1) (a) of the Broadcasting Act, for the transmission by electronic communications networks.
(3) In justified cases, the audiovisual licence holder may request an extension of the period of 12 months referred to in Article 57 (1) (a) of the Broadcasting Act, under the conditions laid down in that Article. The request for extension shall be accompanied by documents supporting the call and be submitted within the period laid down in paragraph (2) (b).
Art. 13
(1) The audiovisual licence holder will register to CNA the application file for the decision of authorisation which will contain, depending on the mode of technical distribution, the following documents:
a) the application, in accordance with the standard form set out in Annex 1;
b) the programme chart for a one week period;
c) the technical functioning authorization of the broadcaster/notice of retransmission in original and in copy;
d) the broadcasting licence; in original and copy, for broadcasting by the radio-electric means, or the licence for use of frequencies with the inclusion in the programmes for the group user, broadcasting via the electronic communications networks;
e) the contract on broadcasting conditions, concluded with authorised provider of electronic communications networks in certified copy if broadcasting is not done directly by the broadcaster;
f) the list of equipment and outline of the editorial and production premises;
g) a copy of the lease/or property documents for the premises dedicated to programme service spaces;
h) the list of persons in charge of the company’s management and of the persons who are mainly responsible for the editorial content, telephone number and the address at which they can be contacted.
(2) The file endorsed will be registered in the Registry of Secretariat and the NAC.
(3) The application file of the authorization decision shall be verified by the Licensing and Authorisation Office, within 5 days since the registration.
Art. 14
(1) Within 30 days since the endorsement of the application file, CNA decides on the granting of the authorisation decision, based on a check made at the premises of the broadcaster regarding the compliance with the editorial and technical conditions the broadcaster declared.
(2) The verification will be carried out at the broadcaster’s premises by the empowered persons designated by the CNA.
Art. 15
The programme service may run for a limited period of time, whether audiovisual licence holder has fulfilled all of the following conditions:
a) handed CNA the filed application file for the audiovisual authorization decision;
b) informed the NAC on the provisional start of operation at least 72 hours in advance, indicating daily broadcasting time.
Art. 16
(1) The broadcast programme service shall begin no later than 30 days after being granted the audiovisual authorization decision.
(2) The radio broadcasters shall communicate in writing to the NAC the start of the broadcasting programme service at least 24 hours before that date.
Art. 17
(1) The broadcasters must inform the NAC in writing any change in the data contained in the audiovisual licence. Amendments may be made to the audiovisual licence after minimum one year since the start of the broadcasting, the extension of the licence validity or licence take over.
(2) The modification of the data laid down in Article 54 (1) (b) and (e) of the Broadcasting Act involve requiring the approval from CNA with at least 30 days before the change. In the case of data changes referred to in Article 54 (1) (e) of the Broadcasting Act, the programme chart for a period of one week, the classification by type of programme broadcasts and the percentages allocated to them. will be submitted.
(3) A change of the program service name and of the graphic elements and/or sound associated with it can only take place after obtaining the consent of the NAC.
(4) The change request will be accompanied by the standard form filled in accordance with Annex 1.

Art. 18
(1) In the case of programmes broadcast by terrestrial broadcasting means, in municipalities with a population of more than 50.000 inhabitants, broadcasters which have obtained audiovisual licences are required to achieve a local daily program and to provide a local programme within the meaning of Article 2 (1) (a), during the interval 06,00-24,00.
(2) By way of exception from the provisions of paragraph (1), the thematic programmes, such as music, religious, sporting, cultural, those dedicated to children, recognised as such by audiovisual licence and foreign broadcasters licensed in Romania do not have to carry out and to broadcast local programme.
Art. 19
(1) The radiobroadcasters that hold audiovisual licences may introduce in their program service taken-over programmes or programmes of another broadcaster, up to a cumulative duration of less than 6 hours per day.
(2) In accordance with the provisions of (1), CNA shall have regard to the criteria set out in Article 8 (2).
Art. 20
(1) The audiovisual license whose validity shall expire automatically according to the audiovisual law may be extended upon the holder’s request, every 9 years. There is an exception for analogue television broadcasting licences for terrestrial broadcasting, whose extension is subject to conditions Article II (2) of Government Emergency Order No 181/2008 amending and supplementing the Audiovisual Law No 504/2002, approved with amendments and supplements by Law No 333/2009.
# M 1
(2) The extension request, according to the standard form provided in Annex 1, shall be deposited with the CNA at least 60 days before the end of the period of validity of the licence and shall be accompanied by the following documents in original:
# B
a) the audiovisual licence;
b) the authorisation decision;
c) the documents referred to in Article 4 (2) to (4), where appropriate, depending on the legal status of the applicant and documents referred to in Article 4 (1) (b), (e) and (k).
(3) If in the same calendar year, the broadcaster requests an extension of several licences, the declarations of notaries referred to in Article 4 (1) (k) shall be submitted only for the first application. For the following requests will be submitted a declaration on honour that no changes have occurred in respect of documents originally submitted.
# M 1
(3^1) Where the application file submitted is incomplete or it has an unsatisfactory form, the Licence and Authorization Office shall request the applicant to complete the authorisation file together documents required for, and the conditions in which it is to be presented. The dossier completed under the conditions specified by the Licence and Authorization Office may be made no later than 15 days before expiry of the period of validity of the licence. File compliance with the required documents and deadlines for lodging licence extension is certified to the applicant by the Licence and Authorization Office. Applications for the extension of the period of validity of the licence shall be rejected in the event of failure to comply with the deadlines for submission or for complying with the conditions under which documents and documents accompanying the application must be made, indicated by the Licence and Authorization Office.
(4) The Council will decide whether to extend the validity of the audiovisual licence, with at least 10 working days, before the end of the period of validity of the application according to the criteria laid down in Articles 8 and 9, where appropriate.
# B
Art. 21
(1) The audiovisual license granted in keeping with the provisions of the audiovisual law may be transferred to a third party only with the consent of the NAC and the by the new holder’s commitment of all the obligations arising from the licence, in line with the commitment in the standard form set out in Annex 2, but not earlier than one year from the commencement date of broadcasting the programme service.
(2) In order to get NAC’s approval referred to in par.(1), the applicant shall lodge at the Council’s Registry the dossier comprising the following documents:
a) the audiovisual licence holder’s application with respect to its disposal, signed by the applicant’s legal representative, accompanied by audiovisual licence audiovisual and the authorization decision, both in their original form;
b) the shareholders’/associates’ General Assembly decision on licence disposal, signed by all shareholders, as natural persons and/or the persons empowered by shareholders as legal persons, according to the observation certificate in original; In the event of insolvency, the decision on licence disposal belongs to the management body provided for in insolvency law;
c) the tax certificate of the transferor in accordance with Article 56 (1) of the Broadcasting Act;
d) the transferee’s application on taking over the audiovisual licence, accompanied by the documents referred to in Article 4 (2) to (4), where appropriate, depending on the legal status of the applicant and documents referred to in Article 4 (1) (b), (e) and (k);
e) the original observation certificate, issued to the the transferor and the transferee, by the Trade Register Office within maximum 7 days prior to the time when the case is registered.
(3) The documents stipulated in paragraph (2) shall be checked by the Legal and Regulations Service and by the Licences and Authorisations Office within 5 days since the registration.
(4) The Council will decide on the request within 30 days, informing the applicants regarding its decision in writing.
(5) For the Council’s agreement, applicants shall submit at the NAC’s headquarters the contract for licence disposal, authenticated, accompanied by the form set out in Annex 1, which are to be verified, within 5 days of its submission by the Legal and Regulations Service and by the Licences and Authorization Office with a view to operate changes in audiovisual licence and, where appropriate, in the audiovisual authorisation decision.
(6) In the case of broadcasts on electronic communications networks, CNA will make the changes required in the audiovisual and audiovisual authorisation decision within 30 days of the date of registration of the transfer agreement.
(7) In the case of program services broadcasts by terrestrial means, CNA will make the changes required in audiovisual licence within 30 days of the date of registration of the transfer agreement. The amended decision of authorisation will be issued within 30 days after the date of deposit with the CNA of the amended authorization document release by ANCOM, the transferee having the obligation to submit this document to the NAC within a maximum of 4 months from the date of issue of the amended audiovisual licence.
Art. 22
Several audiovisual licence holders may choose, depending on their territorial coverage either to combine them in a regional or national licence or may operate them under a local licence system.
Art. 23
Infringement by broadcasters to comply with this Decision shall be punished in accordance with the provisions of Articles 90 and 91 of the Broadcasting Act.
Art. 24
On the date of entry into force of this Decision, the decision of the National Audiovisual Council No 488/2010 on the procedure for issuing, amending and extending the validity of the licence and of the clearance decision, except for audiovisual broadcasting terrestrial digital broadcasting, and the conditions for local broadcasting, retransmission or taking over of programmes of other broadcasters, published in the Official Gazette of Romania, Part I, No 308 of 12 May 2010, and Decision No 260/2003 of the National Audiovisual Council on audiovisual licensing them, published in the Official Gazette of Romania, Part I, No 677 of 24 September 2003 is hereby repealed.
Art. 25
This Decision shall be published in the Official Gazette of Romania, Part I.
Art. 26
Annexes 1 and 2 shall form an integral part of this Decision.

Annex 1

Acceptable C.N.A. form — please only use forms C.N.A. procured from or at www.cna.ro