Decision no. 113

Concerning the procedure of granting, modification and withdrawal of retransmission authorization (adopted on October 14, 2002 )

14.10.2002


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• Taking into account the role of the National Audiovisual Council as warrant of the public interest, as well as that of unique regulatory authority in the field of audiovisual programmes ,

• With a view to authorizing the retransmission of programme services which do not comply with the provisions of art. 75 paragraphs (1) and (2) of Audiovisual Law no. 504/2002, through electronic communications networks,

• Taking into account the obligations of the National Audiovisual Council to ensure the pluralism of information sources, to protect minors and human dignity,

• In order to ensure the transparence of media in the audiovisual field,

• On the basis of the provisions under art. 17 paragraph (1) letter b) and c) and under art. 79 of the Audiovisual Law no. 504/2002, The members of the National Audiovisual Council adopt the following Decision

Art.1 - (1) The retransmission of the programme services which do not comply with provisions under art. 75 paragraphs (1) and (2) of Audiovisual Law no. 504/2002, on the Romanian territory, shall be done by the services distributors only on the basis of the retransmission authorization granted by the National Audiovisual Council.

(2) The application for granting the retransmission authorization shall be sent to the National Audiovisual Council by the broadcaster having editorial responsibility for the concerned programme service or by a moral or legal person which is officially authorized by the broadcaster.

Art.2 - (1) The applicant shall send an application for the retransmission authorization to the National Audiovisual Council according to the form stipulated for in the annex, which is an integrant part of the present decision.

PDF - 148.6 kb
Annex
to the NAC Decision no133

Word - 24 kb
Annex

(2) The application in the original shall be either directly brought at the National Audiovisual Council headquarter or shall be send by post.

Art.3 - (1) The National Audiovisual Council may decide the granting of the retransmission authorization on the basis of the application, within thirty days from the moment of its reception, or, as the case may arise, after the conclusion of a convention with the applicant.

(2) The project of the convention shall be presented to the applicant by the National Audiovisual Council within fifteen days from the moment of the registration of the application.

(3) The convention shall include the obligations assumed by the broadcaster concerning the observance of the provisions under art.30,31,33,39 and under article 40 of the Audiovisual Law no.504/2002.

(4) The convention may be modified on the suggestion of the broadcaster or on the suggestion of the National Audiovisual Council, with the agreement of both parts.

(5) The programme service which benefits by a retransmission authorization is mentioned on the list which is recurrently brought up-to-date on the website of the NAC, www.cna.ro

Art.4 - (1) When National Audiovisual Council finds an infringement of the provisions of the convention, it shall notify the signatory of the convention in writing , requiring a point of view on his part, concerning the measures which he intends to adopt.

(2) The Council may withdraw the retransmission authorization, if the authorized programme service does not cease the infringement of the provisions of the convention, after the notification stipulated for under paragraph (1), within thirty days from the moment of the notification.

Art.5 - The National Audiovisual Council may withdraw the retransmission authorization if the authorized programme service broadcasts programmes which shall be prejudicial to the national security, to the territorial integrity or to the public order in Romania.

Art.6 - The decision of the National Audiovisual Council to withdraw a retransmission authorization shall produce its effect at the time of its communication.

Art.7 - The present decision comes into force at the moment of its publication in the Official Journal of Romania, Part I, except art.1, paragraph 1, which comes into force at the 1st of January 2003, time limit till the programme services which do not comply with the provisions under art.75 paragraphs (1) and (2) of the Audiovisual Law no.504/2002 may be retransmitted without a retransmission authorization.

NATIONAL AUDIOVISUAL COUNCIL
Member of the Council,
Gabriela Stoica