Decision No 614 of 7 November 2013

10.11.2013


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Decision No 614 of 7 November 2013
Amending and supplementing the decision of the National Audiovisual Council No 277/2013 on the procedure for issuing, amending, extending the validity, transfer of the audiovisual licence and of the authorisation decision, except for terrestrial digital broadcasting, and the conditions for local broadcasting, retransmission or taking over of programmes of other broadcasters
Issuer: Consiliul National al Audiovizualului
Published in: The Official Gazette No 693 of 13 November 2013

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,
In order to clarify the procedure and the conditions for extending the licence of the audiovisual broadcasting services for radio or television programmes,
Pursuant to Article 17 (1) (a) and Article 55 of the Audiovisual Law No 504/2002, with subsequent amendments and supplements;

The National Audiovisual Council has adopted the following decision:

Article I
The National Audiovisual Council Decision No. 277/2013 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, published in Official Gazette of Romania Part I No 355 of 14 June 2013, is hereby amended and supplemented as follows:
1. In Article 4(1), point (c) shall be repealed.
2. In Article 4, after par.(6), two new paragraphs, (7) and (8), shall be inserted and they shall read as follows:
“(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.”
3. In Article 20, the introductory part of paragraph (2) and paragraph (4) shall be amended to read as follows:
“(2) The extension request, according to the standard form provided in Annex 1, shall be deposited with the CNA with 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:
..........................................................................
(4) The Council will decide whether to extend the validity of the audiovisual licence, 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, as applicable.”
4. In Article 20, after paragraph (3), shall be inserted a new paragraph (3 ^ 1), which provides as follows:
“(3 ^ 1) 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. The dossier may be completed in keeping with the conditions specified by the Licence and Authorization Office but no later than 15 days before expiry of the period of validity of the licence. Compliance with conditions regarding the required documents for lodging licence extension is certified 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 fulfil the time limits for submission or supplementing the conditions under which documents and documents accompanying the application must be made, provided the licence authorisation.”
Article II
This Decision shall be published in the Official Gazette of Romania, Part I.

President of the National Audiovisual Council,
Laura Georgescu

Bucharest, 7 November 2013.
No. 614.