Law Amending The Law On Radio And Television

Original Language Title: Закон за изменение и допълнение на Закона за радиото и телевизията

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Name of law
Law amending the Law on Radio and Television




Name Bill
Bill amending the Law on Radio and Television





Date of adoption
28/01/2010



Number / year Official Gazette
12/2010








DECREE № 17 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Radio and Television adopted by HLI National Assembly on January 28, 2010 | || Released in Sofia on February 8, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Radio and Television (prom. SG. 138 of 1998 .; Decision № 10 of the Constitutional Court since 1999 - SG. 60 of 1999 .; amend., SG. 81 of 1999, No. 79 of 2000, pcs. 96 and 112 of 2001, pcs. 77 and 120 of 2002, pcs. 99 and 114 in 2003, pcs. 99 and 115 of 2004, pcs. 88, 93 and 105 of 2005, pcs. 21, 34, 70, 105 and 108 of 2006, pcs. 10 41, 53 and 113 in 2007, pcs. 110 of 2008, pcs. 14, 37, 42 and 99 of 2009)
§ 1. Article 1 shall be amended as follows:
"Art. 1. This Act regulates the media services provided by media service providers under the jurisdiction of the Republic of Bulgaria. "
§ 2. Article 2 shall be amended as follows:
" Art. 2. (1) Media services under this Act audiovisual media services and radio services.
(2) Audio Visual Media Service / radio service is:
1. service as defined in Art. 56 and 57 of the Treaty on the Functioning of the European Union (OJ C 115/47 of May 9, 2008), which is under the editorial responsibility of a media service provider whose primary purpose is the provision of audiovisual broadcasting / radio to inform, entertain or educate the general public by electronic communications networks within the meaning of the electronic communications Act;
2. audiovisual commercial communication / commercial communication in radio service under item. 1.
(3) Audio-visual transmission is a series of moving images with or without sound, thus constituting an individual item within a schedule or a catalog established by a audiovisual media service provider and whose form is comparable to the form and content of television broadcasting.
(4) Radio broadcasting is a separate part of the schedule of radio program or a catalog established by a radio.
(5) The provisions of this Act shall not apply to:
1. media services that are not mass media, ie not intended for a significant portion of the audience;
2. activities that are generally non-profit making and non-competitive television based on the program schedule;
3
. personal correspondence of a limited number of recipients via electronic communications networks;
4. all services whose principal purpose is the provision of programs, ie when audiovisual content is merely incidental to the service and not its principal purpose;
5. games of chance in which betting money, including lottery, bidding and other forms of gambling as well as online games and search engines, but not broadcasts entirely devoted to gambling or games of chance;
6. electronic versions of newspapers and magazines;
7. independent text services. "
§ 3. Article 3 is amended as follows:
" Art. 3. (1) Media services are linear and nonlinear.
(2) Linear media services are provided by a media service provider for simultaneous viewing / listening to programs on the basis of a program schedule.
(3) Nonlinear (media services) are media services provided by media service provider for viewing / listening of programs at user selected time at his individual request on the basis of a catalog of programs selected by the media services.
(4) simultaneous viewing / listening includes simultaneous viewing / listening because of the variations in the short interval between the transmission and reception of the broadcast due to technical reasons inherent in the transmission process. "
§ 4. Article 4 is amended as follows :
"Art. 4. (1) the media service provider is a natural person - sole trader or legal person who has editorial responsibility for the choice of content media service and determines the manner in which it is organized. Editorial responsibility is the exercise of effective control both over the selection of the programs and over their organization either in a chronological order in linear services, or in a catalog with media services.
(2) Radio or television broadcaster is a supplier of linear media services (programs) for radio / TV based on a schedule.
(3) No Media service providers who are only broadcast programs for which the editorial responsibility lies with third parties. "
§ 5. Article 5 is amended as follows:
" Art. 5. (1) This law guarantees the independence of the media service providers and their activity from political and economic interference.
(2) Do not allow censorship of media services in any form.
(3) Provides freedom of reception and not to restrict the retransmission of media services from other Member - States of the European Union, for reasons which fall within the area of ​​media services.
(4) Paragraph 3 may temporarily not apply to programs from other Member - State of the Union that violate Art. 17, para. 2 and 3 on children.

(5) Paragraph 3 may temporarily not apply to media services from other Member - State of the European Union if the restrictions are necessary for one of the following reasons:
1. protection of public order, in particular the prevention, investigation, detection and prosecution of crimes, including child protection and the fight against incitement to hatred based on race, sex, religion or nationality, and violations of human dignity of individuals;
2. protection of public health; 3
. ensure public security, including national security and defense;
4. protection of consumers, including investors.
(6) In the cases under par. 5 restrictions should be:
1. taken against an on-demand media service which prejudices mentioned in par. 5 goals or presents a serious and grave risk of prejudice to those objectives;
2. proportionate to those objectives. "
§ 6. Article 6 is amended as follows:
" Art. 6. (1) Media service providers are public and commercial.
(2) The public media service providers:
1. provide for broadcasting political, economic, cultural, scientific, educational and other socially significant information;
2. provide access to national and world cultural values ​​and promote scientific and technological achievements through the distribution of Bulgarian and foreign educational and cultural programs and shows for all ages; 3
. provided through program policy, protection of national interests, universal human cultural values, national science, education and culture of all Bulgarian citizens irrespective of their ethnicity;
4. encourage the creation of works by Bulgarian authors;
5. encourage Bulgarian performing art.
(3) The Bulgarian National Radio (BNR) and Bulgarian National Television (BNT) are national public radio service providers, respectively audiovisual media services:
1. provide media services to all citizens of the Republic of Bulgaria;
2. promote the development and popularization of Bulgarian culture and Bulgarian language and the culture and language of citizens in accordance with their ethnicity; 3
. provide through their media services, access to national and European cultural heritage;
4. They include programs that inform, educate and entertain;
5. implement new information technologies;
6. the various ideas and convictions of society by pluralism of viewpoints in each of news and current affairs programs on political and economic topics;
7. promote mutual understanding and tolerance in human relations;

8. provide citizens with the opportunity to get acquainted with the official position of the state on important issues of public life.
(4) Media service providers who are not licensed / registered as public are shopping. "
§ 7. Article 7 shall be amended as follows:
" Art. 7. (1) The providers of audiovisual media services provide easy, direct and permanent access of users of the service at least the following actual data:
1. the name of the media service provider, registered office and address, address his electronic mail and its website, telephone number;
2. Data Broadcasting Council, headquarters and registered office address his electronic mail and its website, telephone contact.
(2) The providers of audio-visual and radio provide data under par. 1 on its website. "
§ 8. Article 8 is amended as follows:
" Art. 8. (1) The media services must not incite hatred based on race, sex, religion or nationality.
(2) providers of audiovisual media service providers are encouraged to ensure that their services are gradually made accessible to people with visual or hearing disability.
(3) radio providers are encouraged to provide adequately programs and shows online, accessible to people with visual or hearing disability. "
§ 9. Article 9 is amended as follows:
" Art. 9. (1) Media service providers distribute programs and broadcasts with pre settled copyright and related rights.
(2) providers of audiovisual media services do not transmit cinematographic works outside periods agreed with the rights holders.
(3) Media service providers submitted annually to the Council for Electronic Media upon request proof of commercial and ceded copyright protected works in their programs and for ceded related rights for the provision of broadcasting of foreign programs.
(4) Within one month of receiving the data, the Council for Electronic Media summarize the information under par. 3 and send it to the relevant officials in the Law on copyright and related rights.
(5) If a part of the program uses a program of another radio or television operator, this should be stated explicitly and in accordance with the regulations of the Law on Copyright and Related Rights. "
§ 10. Art. 10 be made the following amendments:
1. In para. 1:
a) in the text before item. 1 the words "broadcasters" is replaced by "media service providers";
B) pt. 7 finally added "programs."
2. Paragraphs 2, 3 and 4 shall be repealed.
§ 11. In art. 11 is amended as follows:

1. In para. 1 the words "broadcasts" is replaced by "media services".
2. In para. 2 words "broadcasters" is replaced by "media service providers" and the words "broadcasters" is replaced by "media service". 3
. Paragraph 3 is amended as follows:
"(3) Public criticism of the media service providers by working in them is not disloyalty to the employer."
4. In para. 4 words "broadcasters" is replaced by "media service providers".
5. In para. 5 words "broadcasters" is replaced by "media service".
6. In para. 6:
a) in item. 1 the word "secure" is replaced by "protection";
B) in item. 3 the words "broadcasters" is replaced by "media service providers";
C) pt. 5, the words "in creating programs" are deleted.
§ 12. In art. 12 is amended as follows:
1. In para. 1 'of broadcasters "are deleted.
2. In para. 2:
a) in the text before item. 1 'of broadcasters "shall be deleted;
B) in item. 4 the word "relay" is replaced by "submit."
§ 13. In art. 13 is amended as follows:
1. In para. 1, 2 and 3 the words "Radio and television broadcasters" is replaced by "Media service providers."
2. Paragraph 4 is repealed.
§ 14. In art. 14 is amended as follows:
1. In para. 1, 'Radio and television broadcasters "is replaced by" providers of linear media services. "
2. In para. 2 words "radio or television operator 'is replaced by' media service provider." 3
. In para. 4 words "broadcasters" is replaced by "media service".
§ 15. In art. 15 is amended as follows:
1. In para. 1, 'Radio and television broadcasters "is replaced by" Media service providers. "
2. In para. 2 the word "operator" is replaced by "media service provider". 3
. In para. 3, 'Radio and television broadcasters "is replaced by" Media service providers. "
§ 16. In art. 16 is amended as follows:
1. In para. 1 and 2 "Radio and television broadcasters" is replaced by "Media service providers."
2. In para. 3 words "broadcasters" is replaced by "media service".
§ 17. In art. 17 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) Media service providers liable for the content of media services."
2. In para. 2 words "Radio and television broadcasters" is replaced by "Media service" and the words "minors" are replaced by "children". 3
. Paragraph 3 is amended as follows:
"(3) The provisions of para. 2 affecting children shall not apply to:
1. encoded broadcasts;

2. broadcasts that are distributed to programs between 23.00 and 6.00 pm. and are clearly marked by preceding audio and / or audio-visual symbol or identified by a visual symbol throughout their duration, which does not exclude the liability of media services to the principles of art. 10 throughout the duration of the program. "
4. In para. 4:
a) in the text before item. 1, 'Radio and television broadcasters "is replaced by" Media service providers ";
B) Point 4 is repealed.
5. Paragraph 7 is repealed.
§ 18. In art. 18 is amended as follows:
1. Paragraphs 1 and 2 are amended as follows:
"(1) Persons and state and municipal authorities concerned in linear media services, which were not involved personally or through a representative shall have the right of reply.
(2) Within 7 days from the date of delivery persons or bodies under par. 1 entitled to request in writing by the operator providing for the distribution of their response. The request must specify the disputed claims, and the date and time of the broadcast. "
2. In para. 3 words "radio and television broadcaster" is replaced by "operator".
§ 19. Article 19 is amended as follows:
"Art. 19. (1) The media services which might seriously impair the physical, mental or moral development of children is only available in a way that ensures that children will not normally hear or see such media services.
(2) Promote the creation and access to European works in audiovisual media services, where practicable and by appropriate means.
(3) providers of audiovisual media services using hardware and software for accessible and attractive presentation of European works in the catalog of programs offered within the audiovisual media service.
(4) The Council for Electronic Media prepares annual reports for European works in the audio-visual media services and publish them as part of its annual report. In reports include data on contribution of these services to the production and acquisition of rights in European works, the share of European works in the catalog of audiovisual media services and the actual consumption of European works offered by such services. "
§ 20. In the first chapter to create art. 19a, 19b and 19c:
"Art. 19a. (1) At least 50 percent of the total annual program during television programs, excluding news and sports broadcasts and television games, advertising, teletext and teleshopping must be allocated for European productions when practically possible.

(2) At least 12 percent of the program time under para. 1 shall be allocated for European works created by independent producers. The implementation of this threshold does not include reruns.
(3) The ratio of para. 2 should be achieved gradually by removing an adequate proportion for recent works, which are distributed not later than five years after their creation.
(4) Encourage the production and distribution of European works in radio programs.
(5) The requirements under par. 1, 2 and 3 do not apply to programs that are intended for local audiences and distributed by an operator who is not part of the national network.
(6) The Council for Electronic Media prepares annual reports for European works in linear audiovisual media services and publish them as part of its annual report.
Art. 19b. Radio or television broadcaster who has exclusive right over significant event is obliged to provide access to other broadcasters for their coverage information in accordance with the commitments of the Republic of Bulgaria under existing international agreements.
Art. 19c. (1) For the purpose of short news reports, any broadcaster established in the European Union has the right of access on a fair, reasonable and non-discriminatory basis to events which are of considerable public interest and are transmitted on an exclusive basis by a broadcaster under jurisdiction of the Republic of Bulgaria. Access shall be sought first by an operator under the same jurisdiction, if any.
(2) Paragraph. 1 shall also apply to radio operators under the jurisdiction of the Republic of Bulgaria.
(3) Radio and television broadcasters have the right to freely choose short extracts from the signal operator - holder of rights, as in audio-visual media services noted the name and / or logo includes the operator with exclusive rights, radio services at the source is acknowledged appropriately.
(4) Short extracts shall be used only for current-affairs programs and news within a period not longer than 24 hours from the end of the event, and can be used in media services only if the same program is offered recording the same media service provider.
(5) The right to information coverage includes the right of direct access to the venue, unless it is not practicable and recording to be used solely to create material lasting no more than 90 seconds.
(6) The right to informational presentation is free. As an exception may be made for compensation which shall not exceed the additional costs directly incurred in providing access.

(7) Do not allow reuse of the story more, except to note themed events and an overview and reports can be saved in the archives of the media service provider. When the brief report was made on the basis of access to the event, the original material of the authors of the report be destroyed after its production, which inform the operator with exclusive rights. "
§ 21. In art. 20 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Council for Electronic Media is an independent specialized body that regulates media services in cases and manner provided in this Act."
2. In para. 2 words "broadcasters" is replaced by "media service".
§ 22. In art. 27 para. 1 is amended as follows:
1. In pt. 4 words "broadcasters" is replaced by "media service providers".
2. Point 5 is amended as follows:
"5. be consultants or members of management, control or supervision of non-profit organizations - providers of media services. " 3
. In pt. 6, the words "or radio broadcaster" is replaced by "media service provider".
§ 23. In art. 28a par. 2 t. 1 and 2 are amended as follows:
"1. provide media services under this Act;
2. be appointed to the supervisory or management bodies of the media service providers, enterprises that provide electronic communications services or legal entities registered under "advertising" or carrying advertising. "
§ 24. In art. 31, para. 2 t. 4 is amended as follows:
"4. liaise Council for Electronic Media with state authorities and media service providers, as well as with international organizations in the field of media services. "
§ 25. In art. 32 made the following amendments:
1. In para. 1:
a) in item. 1 the words "broadcasters" is replaced by "media service providers";
B) pt. 4 words "radio and television" are replaced by "media services";
C) pt. 7, the words "broadcasters" is replaced by "media service providers" and the word "programs" is replaced by "media services";
D) p. 10 words "broadcasting activities" are replaced by "media services";
E) point 12 shall be amended as follows:
"12. may issue binding instructions to the media service providers to comply with the requirements of Art. 33 ";
F) point 16 shall be amended as follows:
"16. keep a public register of:
a) radio and television programs that are distributed through cable electronic communications networks, satellite and electronic communications networks for terrestrial digital broadcasting;

B) radio and television programs that are distributed through existing and / or new electronic communications networks for terrestrial analogue broadcasting;
C) media services;
D) companies that distribute Bulgarian and foreign programs ";
G) in Item. 18, the words "broadcasting activities" are replaced by "media services".
2. Paragraph 4 is amended as follows:
"(4) The Council for electronic media and media service providers annually sign an agreement to protect children from content aimed at damage to their physical, mental and moral development, which the council sent 7 days from the signing of the State Agency for child protection. "
third. A par. 5:
"(5) The Council for Electronic Media provides the European Commission and independent regulatory authorities of the Member - States of the European Union in the field of media services information necessary for the implementation of Directive 89/552 / EEC of October 3, 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities. "
§ 26. Article 33 is amended as follows:
" Art . 33. The Council for Electronic Media oversees the operations of media service providers only on:
1. compliance with the principles of art. 10 and the ratio of art. 19a para. 1 and 2;
2. compliance with the requirements of Art. 6 para. 2 and 3 and art. 17, para. 2; 3
. election coverage of state authorities and local authorities;
4. compliance with requirements for commercial communications;
5. compliance with rules on charitable activities, sponsorship and product placement;
6. the protection provided by law secrets in media services;
7. compliance with the requirements for the programs aimed at children;
8. Information on decisions by courts and other state authorities in the cases provided by law;
9. protection of consumer rights;
10. technical quality of the broadcasts and programs;
11. that the requirements of the law, the licenses and enacted international treaties to which Bulgaria is a party, limitations;
12. compliance with the conditions of the licenses and registrations. "
§ 27. In art. 34, para. 2, the second sentence: "The project is also published on the website of the Council for Electronic Media no later than 24 hours before the meeting."
§ 28. In art. 35 be made the following amendments:
1. The previous text becomes para. 1 in her second sentence is amended as follows: "Decisions are taken personally and attendance by open vote."
2. Created al. 2 and 3:

"(2) The meetings of the Council for Electronic Media are public. For certain agenda items the council may hold a closed session when the decision requires consideration of legally protected information.
(3) The Council for Electronic Media make public the decisions taken in connection with the implementation of its powers, including the way in which the law applies, and the reasons for changing its practice. Within three days the full minutes of the meetings are published on the website of the Council for Electronic Media. Decisions of the Council for Electronic Media are motivated. "
§ 29. In art. 36 tons. 4 is amended as follows:
"4. cooperation with state authorities, media service providers and NGOs active in the field of media services or protection of copyright and related rights; ".
§ 30. Article 39 is amended as follows:
"Art. 39. (1) The Council for Electronic Media tabled in the National Assembly activity report not later than 31 October for the first half and 31 March for the second half of the previous year and publish it on its website.
(2) The Council for Electronic Media issued monthly newsletter, which is published decisions and current articles on issues of audio-visual culture, the results of the monitoring of media service providers, as well as opinion polls commissioned by electronic media Council, issued statements ascertaining administrative violations and criminal provisions laid down in their dispute judgments. The Bulletin is published on the Council for Electronic Media on the Internet. "
§ 31. Article 43 is repealed.
§ 32. In art. 45 is amended as follows:
1. In para. 1 the words "broadcasting" is replaced by "the media".
2. In para. 3 words "electronic communications network" shall be replaced with "electronic communications networks".
§ 33. In art. 46 para. 2 is amended as follows:
"(2) The Bulgarian National Radio and Bulgarian National Television may enter into contracts with other providers of media services delivery, retransmission or exchange of shows and programs."
§ 34. In art. 47 is amended as follows:
1. In para. 1 the word "external" is replaced by "independent".
2. In para. 3 word "external" is replaced by "independent". 3
. In para. 4 the word "external" is replaced by "independent".
§ 35. Article 47a is repealed.
§ 36. In art. 52, para. 4 words "public broadcaster" shall be deleted.
§ 37. In art. 62 pt. 2, the word "external" is replaced by "independent".
§ 38. The title of Chapter IV is amended as follows: "Commercial messages".
§ 39. Article 72 is amended as follows:

"Art. 72. Commercial communications are audiovisual commercial communications and commercial communications in radio. "
§ 40. Article 73 is amended as follows:
" Art. 73. (1) Audio-visual commercial communications are images with or without sound, designed to promote, directly or indirectly, goods, services or reputation of a natural or legal person engaged in business or contribute to the promotion of a cause or idea, or cause another effect desired by the advertiser, accompanying or included in a program in return for payment or similar consideration or to provide to self.
(2) Commercial radio messages are sound messages designed to promote, directly or indirectly, goods, services or reputation of a natural or legal person engaged in business or contribute to the promotion of a cause or idea, or cause another effect desired by the advertiser, accompanying or included in a program in return for payment or similar consideration or to provide to self. "
§ 41. Article 74 is amended as follows:
" Art. 74. (1) Advertising is a form of commercial communication, accompanying or included in the audio-visual or broadcast for payment or for similar consideration or to provide to self in public or private undertaking or natural person in connection with a trade, business, craft or profession, aimed to promote the supply of goods or services, including immovable property, rights and obligations, or to advance a cause or idea, or cause some other effect desired by the advertiser fee.
(2) Sponsorship is a form of commercial communication consisting of the contribution from natural or legal person who is not engaged in providing media services or the creation of audio / audio-visual works, to the financing of media services or programs in order to promote his name, trademark, image, its activities or its products.
(3) TV market or radiopazar is a form of commercial communication, which is the direct offer to the audience in order to supply goods or services, including immovable property, rights and obligations in the audio-visual transmission or broadcast fee.
(4) Product placement is a form of commercial communication, the inclusion of or reference to a product, service or trademark in the broadcast against payment or similar consideration. "
§ 42. The term" Section II Advertising " be deleted.
§ 43. Article 75 is amended as follows:
"Art. 75. (1) Commercial messages must be clearly recognizable as such. Surreptitious commercial communications are prohibited.

(2) Private commercial communication is the representation in words, sounds or pictures of goods, services, names, trade marks or activities of a producer of goods or a provider of services in programs when such representation is the media service aims to provide advertising and might mislead the audience in terms of nature, especially if it is done against payment or for similar consideration.
(3) The producers of goods and providers of services can not influence editorial content.
(4) commercial communications must not use techniques acting on the subconscious. Techniques subliminal techniques are indirect methods that are not designated as commercial communications and not recognized by the audience as such, but can form a subconscious psychic reaction and attitude in the audience for the presentation of goods and services.
(5) The commercial communications shall not:
1. affect human dignity;
2. include or promote any discrimination on the grounds of gender, race or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; 3
. encourage behavior that endangers the health or safety;
4. encourage behavior grossly prejudicial to the environment.
(6) prohibited all forms of commercial communications for cigarettes and other tobacco products.
(7) Commercial communications for alcoholic beverages shall not be aimed specifically at children and do not encourage immoderate consumption of such beverages.
(8) prohibited commercial communications for medicinal products available only on prescription or treatment that is appointed only on prescription, except in cases of art. 248 of the Law on Medicinal Products in Human Medicine.
(9) Commercial messages should not:
1. endanger the physical or moral harm to children;
2. directly exhort children to buy or hire a product or service by exploiting their inexperience or credulity; 3
. directly encourage children to persuade their parents or others to purchase the goods or services advertised;
4. exploit the special trust that children have in their parents, teachers or other persons;
5. unreasonably show children in dangerous situations. "
§ 44. Article 76 is amended as follows:

"Art. 76. (1) Media service providers drawn up as part of their ethical code rules on commercial communications, accompanying or included in children's programs for foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular fatty , trans-fatty acids, salt / sodium and sugars, excessive intakes in the diet are not recommended.
(2) Media service providers are obliged to comply with the norms of the Code of Ethics of the Bulgarian media, developed by the "National Council for Journalistic Ethics" and national ethical rules for advertising and commercial communication, developed by the "National Council for self-regulation "."
§ 45. Article 77 is amended as follows:
"Art. 77. No broadcast commercial messages containing pornography or incite violence and disrespect for human dignity, as well as behavior that violates public order and generally accepted moral norms. Do not allow commercial messages with erotic content involving children or for them. "
§ 46. Article 78 is amended as follows:
" Art. 78. Media service providers govern the inclusion of commercial messages in media services with written contracts. "
§ 47. Article 79 is amended as follows:
" Art. 79. Media service providers assist the Council for Electronic Media for the strict application of the law, as a reasoned request, provide the necessary data and documents for the purposes of regulation. "
§ 48. Article 80 is amended as follows:
" Art. 80. (1) commercial communications can not be used coat of arms, flag and anthem of the Republic of Bulgaria and the voices and images of acting journalists - present news.
(2) The persons under par. 1 can participate in the promotion of a cause or idea. "
§ 49. Article 81 is amended as follows:
" Art. 81. Commercial communications for goods and services whose production and trade are subject to a licensing regime under Art. 9, para. 1 pt. 2 of the Law on Limiting Administrative Regulation and Control on business or for advertising whose authorization is required, may be included in media services only after the submission of the relevant license or permit. "
§ 50. A was named "Chapter II Sponsorship."
§ 51. Article 82 is amended as follows:
"Art. 82. (1) sponsored media services or programs must meet the following requirements:
1. their content and, in programs - their scheduling under no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider;

2. they do not directly encourage the purchase or rental of goods or services, in particular by reference to the goods and services programs; 3
. viewers are clearly informed of the existence of a sponsorship agreement;
4. clearly identified as such by the name, logo and / or any other symbol of the sponsor such as a reference to its products or services or a distinctive sign thereof in an appropriate way in the beginning, during and / or end of programs.
(2) The media services or programs shall not be sponsored by persons whose principal activity is the manufacture or sale of cigarettes and other tobacco products.
(3) The sponsorship of media services or programs by manufacturers or traders in medicinal products or medical institutions can promote the name or image of the sponsor is not allowed advertising for specific medicinal products that only medicinal prescription or treatment that is appointed only on prescription.
(4) can not be sponsored news and current affairs programs on current events.
(5) can not be sponsors of broadcasts political parties and organizations, and religious organizations.
(6) It is forbidden to display the logo of the sponsor in children's and religious programs. "
§ 52. A Name" Section III product placement. "
§ 53. Article 83 is amended as follows:
"Art. 83. (1) Product placement in news, religious programs and in audio-visual media services to public providers is prohibited.
(2) Product placement in children's programs, including programs under par. 3 is prohibited.
(3) Product placement is permitted in cinematographic works, in films and series made for audiovisual media services, sports and entertainment programs, and other programs that are not specifically mentioned in par. 1. Product placement in programs of public service is permitted in cinematographic works, in films and series made for audiovisual media services.
(4) do not constitute a product placement where the inclusion of a product or service in a program is not made for consideration, and is provided for the purpose of ensuring the transmission of wardrobe, props, awards or other similar and related products services are not of significant value.
(5) significant value under par. 4 is one that exceeds 5 times the average value of commercial messages broadcast in the corresponding transmission, according to the previously announced rate of the respective media service provider.

(6) Suppliers have the right to declare properly the provision of goods and services under par. 4 in the credits of the program concerned. "
§ 54. Article 84 is amended as follows:
" Art. 84. (1) Programmes that contain product placement shall meet the following requirements:
1. their content and, in programs - their arrangement in the program schedule, not to be influenced in a way to affect the responsibility and editorial independence of the media service provider;
2. not directly encourage the purchase or rental of goods and services, in particular promotional references to those goods or services; 3
. not to give undue prominence to the product;
4. viewers are clearly informed of the existence of product placement.
(2) Broadcast, including product placement must contain appropriately identified at the beginning and end of the program, and when a program resumes after an advertising break, in order to avoid any confusion on the part of the viewer. This requirement does not apply to transmission, which is not produced or commissioned by the very media service provider or from a related person.
(3) Programmes must not contain product placement of:
1. cigarettes or tobacco products or positioning of such products and companies whose principal activity is the manufacture or sale of cigarettes and other tobacco products;
2. specific medicinal products available only on prescription or treatment that is appointed only on prescription. "
§ 55. A Name" Section IV Advertising and market TV programs. "
§ 56. Article 85 is amended as follows:
"Art. 85. (1) Advertising and teleshopping must be clearly recognizable and distinguishable from editorial content.
(2) Advertising and teleshopping must be clearly separated from other parts of the program by optical and / or acoustic and / or spatial means, without limiting the use of new advertising techniques.
(3) Isolated advertising spots and spots for TV market, unless the transmission of sporting events are no exception. "
§ 57. Article 86 is amended as follows:
" Art. 86. (1) Where advertising and teleshopping spots are inserted during programs they must not violate the integrity of programs account natural breaks in duration and the nature and rights holders.
(2) Movies made for television (excluding series, serials and documentaries), cinematographic works and news programs may be interrupted by advertising and / or market once for each programmed period lasting at least 30 minutes.

(3) Children's programs may be interrupted by television advertising and / or teleshopping once for each period with programmed duration of at least 30 minutes, provided that the scheduled duration of the program is greater than 30 minutes .
(4) The transmission of advertising or teleshopping is not allowed during national celebrations and religious services.
(5) There shall be paid in news reports. "
§ 58. Article 87 is amended as follows:
" Art. 87. Teleshopping for medicinal products which require authorization under the Law on Medicinal Products in Human Medicine and tele-shopping of medical activity. "
§ 59. Article 88 is amended as follows:
"Art. 88. Advertising and teleshopping for alcoholic beverages shall not:
1. be aimed specifically at children or, in particular, depict children consuming these beverages;
2. a link between alcohol consumption and higher performance or operation of motor vehicles; 3
. create the impression that alcohol contributes to social or sexual success;
4. They claim that alcohol has therapeutic qualities or that it is a stimulant or a sedative or a means of resolving personal conflicts;
5. encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;
6. emphasize high alcoholic content as being a positive quality of the beverages. "
§ 60. Article 89 is amended as follows:
" Art. 89. (1) The proportion of advertising spots and teleshopping spots within a clock hour shall not exceed 12 minutes.
(2) Paragraph 1 shall not apply to announcements made by the operator in connection with its own programs, programs and ancillary products related to those programs, promotion of European films as well as charity appeals and charitable causes. "
§ 61. Article 90 is amended as follows:
"Art. 90. (1) The total duration of advertising for each program may not exceed:
1. BNT - 15 minutes a day and four minutes per hour;
2. BNR - 6 minutes per hour.
(2) The Bulgarian National Television has the right to use up to one third of the total volume of advertising time in the day from 19.00 to 22.00.
(3) programs of the centers outside the BNR and BNT for regional distribution, the total duration of advertising may not exceed six minutes per hour.
(4) The restrictions under par. 1 pt. 1 and 2 do not apply to advertising included in broadcasts during coverage of events of art, culture and sports events of national and international significance. In this case the duration of advertising, the general provisions. "
§ 62. Article 91 is amended as follows:

"Art. 91. teleshopping windows must be clearly identified as such by optical and acoustic means and be of a minimum uninterrupted duration of 15 minutes. "
§ 63. Article 92 is amended as follows:
" Art. 92. (1) The provisions of Sections I, II and III shall be applicable to television programs exclusively devoted to advertising and teleshopping as well as television programs devoted exclusively to self, such provisions shall be interpreted and applied according to the nature and character of these programs.
(2) The provisions of Art. 86, para. 1 on compliance with copyright and related rights on par. 4 and 5, Art. 87 and 88 shall also apply to advertising in radio and radiopazara. "
§ 64. In art. 99 para. 2 is amended as follows:
"(2) The Board must include one representative of the Ministry of Finance, Ministry of Transport, Information Technology and Communications, public radio and television media service providers and commercial radio and TV media service providers. "
§ 65. In art. 102 made the following amendments:
1. In para. 3 creates pt. 7:
"7. fee for a certificate of registration under Art. 125k. "
2. Paragraphs 4 and 5 are amended as follows:
"(4) The amount of the initial licensing, respectively registration fee is determined according to the necessary administrative costs of preparing and issuing the license, respectively registration.
(5) The amount of the annual fee is determined according to the necessary administrative costs of the Broadcasting Council for monitoring compliance with the conditions for the provision of services under this Act based on the following criteria:
1. number of registered residents, who can be serviced by licensed, registered service or the service of art. 125g;
2. territorial scope of the service; 3
. type of service. "
§ 66. In art. 105 is amended as follows:
1. In para. 4 tons. 7 is canceled.
2. Paragraph 7 is repealed.
§ 67. In art. 110 par. 2 is amended as follows:
"(2) The license shall include the obligation to comply with the requirements of Art. 6 para. 2 and 3 and the principles for carrying out radio and television activity under Art. 9, para. 1 and Art. 10, including period and timetable for achieving those provided for in Art. 19a para. 1 and 2 ratios. "
§ 68. In art. 116 is amended as follows:
1. In para. 1, 'in line with the strategy of art. 8, para. 3 "are deleted.
2. In para. 4 words "in accordance with the strategy of art. 8, para. 3 "are deleted.
§ 69. In art. 116a para. 1, 'and in line with the strategy of art. 8, para. 3 "are deleted.
§ 70. In art. 116d be made the following amendments:
1. In para. 1 the words "electronic communications network" shall be replaced with "electronic communications networks".

2. In para. 3 in the text before item. 1 after the word "licensed" insert "radio and / or".
§ 71. In art. 116e is amended as follows:
1. In para. 1 the words "electronic communications network" shall be replaced with "electronic communications networks".
2. In para. 3 words "Art. 125b "is replaced by" Art. 125k ".
§ 72. In art. 116z be made the following amendments:
1. In para. 1 after the word "licensed" insert "radio and / or" and the words "electronic communications network" shall be replaced with "electronic communications networks".
2. In para. 3 after the word "licensed" insert "radio and / or". 3
. In para. 4 the word "network" is replaced by "networks".
§ 73. In art. 122 tons. 2 is amended as follows:
"2. systematic violations of the provisions of art. 6 para. 2 and 3, Art. 9, para. 1, Art. 10, art. 19a para. 1, 2 and 4 and art. 19b; ".
§ 74. In art. 125a para. 1 is amended as follows:
1. Point 1 is amended as follows:
"1. observing the principles of art. 10; ".
2. In item. 3 the word "external" is replaced by "independent". 3
. In pt. 4 words "minors" are replaced by "children".
§ 75. Article 125b shall be repealed.
§ 76. Article 125c is amended as follows:
"Art. 125c. An entity that distributes Bulgarian and foreign programs, is obliged to submit to the Council for Electronic Media 6 monthly updated list of programs transmitted and documents relating to:
1. acquiring distribution rights programs;
2. acquisition of the rights to distribute the works, sound recordings and recordings of audio-visual works included in the programs transmitted. "
§ 77. Article 125d shall be repealed.
§ 78. In art. 125e ​​par. 2 pt. 3 words "Art. 125b para. 3 "are replaced with" Art. 125k para. 2 ".
§ 79. In Chapter Six create Sections V and VI of art. 125g - art. 125l:
"Section V
media services
Art. 125g. (1) Persons who intend to carry media services shall notify the Council for Electronic Media.
(2) The persons under par. 1 submitted to the Council for Electronic Media notification form which contains:
1. the identity of the person providing media services - name (company), registered office and address and the respective unique identifier;
2. provided media services; 3
. short description and basic parameters of the ongoing media services;
4. territorial coverage;
5. phone, fax, email address, mailing address and contact person;
6. estimated starting date provision of media services.
(3) The notification under par. 2 shall be submitted in the Bulgarian language.
(4) In the event of incomplete notification within 7 days of receipt of the Council for Electronic Media shall notify the person to cure the deficiencies.

(5) The Council for Electronic Media fits the person in the register under Art. 125k in 14 days from the date of receipt of the notification or removal of incompleteness.
Art. 125h. Upon termination of the implementation of media services person shall notify the Council for Electronic Media.
Art. 125i. (1) The person performing media services, may request in writing by the Council for Electronic Media issuance of a certificate of registration, which pays a one-time administrative fee.
(2) The Council for Electronic Media issued the certificate under par. 1 in 7 days from receipt of the request. Section VI


Register Art. 125k. (1) The Council for Electronic Media maintains a public register.
(2) The register under par. 1 separated 5 separate sections:
1. the first section, which includes Bulgarian radio and television programs that can be distributed in the Republic of Bulgaria by cable and satellite;
2. a second section that includes foreign programs that can be distributed in the Republic of Bulgaria via cable and satellite:
a) established in a Member - State of the European Union or in another country - party to the Agreement on the European Economic Area;
B) created by foreign persons, other than those under letter "a"; 3
. third section, which includes licensed radio and television programs distributed by:
a) existing and / or new electronic communications networks for terrestrial analogue broadcasting;
B) electronic communications networks for terrestrial digital broadcasting;
4. fourth section, which includes media services;
5. Fifth Section, which includes companies that distribute Bulgarian and foreign programs.
(3) Programs that are not intended primarily or exclusively for the Bulgarian audience, but are distributed by electronic communications networks for terrestrial broadcasting, which are in the Republic of Bulgaria, subject to registration and included in the first section of the public register under par. 1, p. 1.
(4) The register under par. 2 pt. 1, 2 and 3 shall include the following data:
1. data under Art. 125a para. 5;
2. data for legal and natural persons exercising control over the management of the operator; 3
. data management bodies, including the personal composition of media service providers;
4. circumstances related to trade securities subject to registration.
(5) The register under par. 2 pt. 4 includes the following data:
1. identification data - name (company), registered office and address of the legal entity or natural person - sole trader who carries media services to a notification;

2. provided media services; 3
. basic parameters of implementation of media services;
4. territorial coverage, where applicable;
5. phone, fax, email address, mailing address and contact person;
6. date of commencement of the provision of media services.
(6) The register under par. 2 pt. 5 include:
1. data for legal and natural persons exercising control over the management of the enterprise;
2. data management bodies of the enterprise, including personal staff; 3
. phone, address, email address, mailing address and contact person;
4. list of programs transmitted respectively in digital and analog package if the company maintains two separate packages;
5. the date until which now has the rights to distribute the program;
6. territorial scope, which now has the rights to distribute the program.
Art. 125l. (1) The register of art. 125k is public and published on the website of the Council for Electronic Media.
(2) Where the registered circumstances under par. 1 registered operator is obliged to declare the change in the Broadcasting Council within 30 days of its occurrence.
(3) A person performing media services shall notify the Council for Electronic Media for any change to the data from the notification under Art . 125g para. 2 within 14 days of the change.
(4) The data of art. 125k para. 6 para. 1 and 2 are collected automatically by the Broadcasting Council based on the information available in the commercial register and the public registers by the Commission for Communications Regulation in the Electronic Communications Act. Data under Art. 125k para. 6 para. 3, 4, 5 and 6 are provided by companies together with the information under Art. 125c.
(5) Where the provided under par. 4 data businesses within 14 days of their occurrence notify the Council for Electronic Media. "
§ 80. Article 126 is amended as follows:
" Art. 126. (1) violation of the provisions of Art. 7 Art. 8, para. 1, Art. 9, para. 1, 2 and 5, Art. 11-14, Art. 16-18, Art. 19, para. 1, Art. 19a para. 1 and 2, Art. 19c par. 4 and 7, Art. 75 para. 1 and par. 3-9, art. 77-79, Art. 80, para. 1, Art. 81, 82, art. 83, para. 1 and 2, Art. 84, para. 2 and 3, Art. 85, art. 86-88, Art. 89, para. 1, Art. 90 and 91 of the media service property sanction from 3000 to 20 000 Levs.
(2) violation of the provision of Art. 9, para. 3 media service shall be imposed proprietary sanction from 3000 to 7000 Levs.
(3) For repeated violation under par. 1 or 2 the proprietary sanction double the amount. "
§ 81. Article 126a is amended as follows:

"Art. 126a. (1) violation of the terms of licenses issued does not constitute a breach of art. 126 property sanction from 1000 to 7000 Levs For repeated violation the penalty is doubled.
(2) violation of the conditions of registration of the registered operator shall be imposed proprietary sanction from 4,000 to 15,000 lev
(3) violation of the requirements of Art. 125a para. 1, resulting in occurred circumstances under Art. 125a para. 4 pt. 1 and / or 2, the registered operator shall be imposed proprietary sanction from 4,000 to 15,000 lev.
(4) violation of the provisions of Art. 125a para. 6 or Art. 125l par. 2 of the registered operator shall be imposed proprietary sanction from 3000 to 7000 Levs.
(5) violation of the provisions of Art. 125c financial penalties as follows:
1. for failure to provide information on time or providing false or incomplete information - from 3000 to 7000 Levs .;
2. for broadcasting without duly settled copyright and related rights - from 7,000 to 30,000 lev.
(6) For repeated violation under par. 5 proprietary sanction shall be doubled.
(7) systematic violation of the law of the registered operator registration is deleted.
(8) systematic violation of the law by the provider of media services to the public register of art. 125k is deleted. "
§ 82. Article 126b is amended as follows:
" Art. 126b. For failure to dispose of Art. 117, para. 2 pt. 2 and par. 3 property sanction from 1000 to 4000 Levs For repeated violation the penalty is double the amount. "
§ 83. Article 126c is amended as follows:
" Art. 126c. (1) A person who without a license granted for broadcasting radio and television programs that are distributed on the basis of a license issued under this Act shall be imposed a property sanction from 7000 to 30 000 Levs.
(2) a person who, without registration available for broadcasting radio and television programs shall be imposed proprietary sanction from 3,000 to 15,000 lev.
(3) a person who without notice provides media services are imposed a property sanction from 2000 to 5000 Levs For repeated violation the penalty is doubled.
(4) In case of violation of obligations to provide information pursuant to Art. 125l par. 2, 3, 4 and 5 shall be imposed proprietary sanction from 2000 to 5000 Levs For repeated violation the penalty is double the amount. "
§ 84. A Art. 126d:
"Art. 126d. A media service provider who fails to comply within decision of the Ethics Committee Foundation "National Council for Journalistic Ethics" and / or the Association "National Council for Self-Regulation" shall be imposed proprietary sanction from 2000 to 5000 Levs. "|| | § 85. In art. 127 par. 4 is repealed.

§ 86. In additional provision be made the following amendments:
1. The name was changed to "additional provisions".
2. In § 1:
a) in item. 1 after the word "Distribution" insert "Programs";
B) in item. 2 the word "audio-visual" shall be deleted;
C) Point 4 is repealed;
D) Section 7 is amended as follows:
"7. "European works" are:
a) works originating from countries - EU member states, mainly made with authors and workers residing in one or more of these countries, provided they fulfill at least one of the following three conditions:
aa) they are made by one or more producers established in one or more of those countries or
bb) the production of the works is supervised and actually controlled by one or more producers established in one or more of the countries;
Cc) producers from these countries have a major contribution to the costs of the whole joint production and it is not controlled by one or more producers established outside those countries;
B) works originating from European third countries party to the European Convention on Transfrontier Television of the Council of Europe in Strasbourg on May 5, 1989 (ratified by law - SG. 117 1997 ) (SG. 32 of 1999), mainly made with authors and workers residing in one or more of these countries, provided they fulfill at least one of the following three conditions:
aa) they are made by one or more producers established in one or more of these countries;
Bb) the production of the works is supervised and actually controlled by one or more producers established in one or more of those States;
Cc) producers from these countries have a major contribution to the costs of the whole joint production and it is not controlled by one or more producers established outside those countries provided that works originating from Member - States of the European Union are not subject to discriminatory measures in the third countries;
C) works that are produced within the framework of related audiovisual sector agreements concluded between the EU and third countries and fulfilling the conditions laid down in each of those agreements provided that works originating from Member States They are the subject of discriminatory measures in those countries.

Works that are not European works within the meaning of the letters "a", "b" or "c", but are produced under bilateral co-production treaties concluded between Member - States of the European Union and third countries shall be deemed to be European works provided that the co-producers of the European Union majority share of the total cost of production and that the production is not controlled by one or more producers established outside the territory of the Member - States of the European Union. "
E) points 12 and 13 shall be repealed;
F) point 20 shall be repealed;
G) in Item. 22 the second sentence is deleted;
H) point 23 shall be amended as follows:
"23. 'Media service providers under the jurisdiction of the Republic of Bulgaria "are:
a) providers established in Bulgaria where:
aa) the headquarters of the media service provider in the Republic of Bulgaria and the editorial decisions about the audiovisual media service are taken in the Republic of Bulgaria;
Bb) the headquarters of the media service provider in the Republic of Bulgaria, but editorial decisions on the audiovisual media service are taken in another Member - State of the Union, when a significant part of the workforce involved in the pursuit of providing audiovisual media services operates in Bulgaria;
Cc) a significant part of the workforce involved in the pursuit of providing audiovisual media service activity operates in different countries - members of European Union, but its seat is in the Republic of Bulgaria;
Dd) a significant part of the workforce involved in the pursuit of providing audiovisual media services operates in one of the Member States where it first began its activity in accordance with the law of the Republic of Bulgaria in provided that it maintains a stable and effective link with the economy of the Republic of Bulgaria;
Dd) the headquarters of the media service provider in the Republic of Bulgaria, but decisions on audiovisual media service are taken in a third country or vice versa, it is deemed to be established in Bulgaria, when a significant part of the workforce involved in pursuit of the provision of audiovisual media services operates in Bulgaria;
B) providers for which the provisions of letter "a" does not apply when:
aa) use satellite connection (up link) in the territory of the Republic of Bulgaria, or
bb) although they use satellite connection from the territory of the Republic of Bulgaria, use satellite capacities belonging to the Republic of Bulgaria.

If the question which country - member of the European Union has jurisdiction can not be resolved in accordance with the letters "a" and "b" responsible state is one in which the media service provider is established within the meaning of Art. 49-54 of the Treaty on the Functioning of the European Union. "
I) in Item. 24:
aa) the text before item. 1 the word "External" is replaced by "Independent";
Bb) section 3 shall be repealed;
K) in Item. 25 the word "operator" is replaced by "media service provider";
L) point 27 shall be repealed;
M) Section 32 is amended as follows:
"32. "Child" is a person under Art. 2 of the Law on Child Protection. "
N) point 35 shall be amended as follows:
"35. "Control over the management of the media service" occurs when one person:
a) owns, including through a related party, more than half plus one of the votes in the General Assembly or
b) may determine directly or indirectly more than half the members of the governing body of the media service provider, or
c) may otherwise exercise a decisive influence on decision-making in relation to the provision of media services. "
third. A § 1a:
"§ 1a. This Act transposes the provisions of:
1. Directive 89/552 / EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities;
2. Directive 97/36 / EC of the European Parliament and of the Council of 30 June 1997 amending Directive 89/552 / EEC on the coordination of certain provisions of laws, regulations and administrative provisions of the Member States concerning the pursuit of television broadcasting activities; 3
. Directive 2007/65 / EC of the European Parliament and of the Council of 11 December 2007 amending Directive 89/552 / EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning pursuit of television broadcasting activities (OJ, L 332/27 of 18 December 2007). "
§ 87. In the transitional and final provisions of the Law amending the Law on radio and television (prom. SG pcs. 14 2009 .; amend., SG. 37 of 2009) the following amendments:
1. In § 35:
a) paragraph 1 shall be amended as follows:
"(1) The programs of BNR and BNT as public broadcasters are distributed by electronic communications networks for terrestrial digital broadcasting. BNT these networks with national and regional coverage, and for BNR they are national or regional in scope, as well as for programs abroad. "
B) a new paragraph. 2:

"(2) The programs of BNT and BNR are distributed through a public electronic communications network for terrestrial digital television broadcasting with national coverage, built under the first phase of transition, as defined in the Plan for introduction of digital terrestrial television broadcasting (DVB-T) in the Republic of Bulgaria adopted by the Council of Ministers. "
C) the previous paragraph. 2 becomes para. 3 and in it the word "network" is replaced by "networks";
D) The par. 4-6:
"(4) Enterprise received permission for use of individually assigned scarce resource - radio frequency spectrum for provision of electronic communications through electronic communications network for terrestrial digital broadcasting, undertakes to disseminate:
1. in electronic communications network under par. 2 - to 4 TV programs of BNT and radio BNR 4;
2. in an electronic communications network for terrestrial digital broadcasting of radio programs nationwide designated by the Commission for Communications Regulation - up to 4 radio BNR; 3
. in one of electronic communications networks for terrestrial digital broadcasting of television programs with regional scope - a regional program of BNT prepared for the region;
4. in an electronic communications network for terrestrial digital broadcasting of radio programs with regional scope determined by the Commission for Communications Regulation - a regional program of BNR prepared for the region;
5. in an electronic communications network for terrestrial digital broadcasting of radio programs abroad designated by the Commission for Communications Regulation - up to 4 radio BNR.
(5) The programs under par. 4 must have a type and profile, agreed with the Council for Electronic Media pursuant to Art. 116z.
(6) The programs under par. 4 must be distributed in uncoded form. "
2. In § 36 para. 1 in the text before item. 1 after the words "disseminate" insert "radio and / or". 3
. In § 37:
a) in para. 1:
aa) the text before item. 1, 'programs licensed broadcasters "is replaced by" programs licensed radio and / or television operators ";
Bb) in Item. 1, 'broadcasting activities "are replaced by" radio and / or television activity ";
B) in para. 4 words "broadcasters" is replaced by "radio and / or television broadcasters."
4. In § 37a para. 1:
a) the words "distribute their programs via" are replaced by "distribute radio and / or television programs through";
B) the words "access program" be replaced with "access to programs."
5. In § 38, para. 6 words "electronic communications network" shall be replaced with "electronic communications networks".
6. In § 39 par. 3 is repealed.
7. In § 40 para. 1 the words "31 December 2009" are replaced by "1 June 2010"

Transitional and Final Provisions
§ 88. In the Electronic Communications Act (prom. SG. 41 of 2007 .; amend. Pcs. 109 of 2007, pcs. 36, 43 and 69 2008, pcs. 17, 35, 37, 42 of 2009 .; Decision № 3 of the Constitutional Court from 2009 - SG. 45 of 2009 .; amend., SG. 82, 89 and 93 of 2009 ) The following amendments and supplements:
1. Article 48a is repealed.
2. In § 3 of the transitional and final provisions:
a) Paragraph 3 is amended as follows:
"(3) The Bulgarian Telecommunications Company undertakes to provide analogue terrestrial broadcasting and transmission of programs of the Bulgarian National Television and Bulgarian National Radio quality on a contract basis at prices covering necessary expenses for this activity, profit would have received an unrelated party in the exercise of that activity. "
B) The par. 4 and 5:
"(4) Enterprises authorized for use of individually assigned scarce resource - radio frequency spectrum for provision of electronic communications through electronic communications networks for terrestrial digital broadcasting, distributing programs of Bulgarian National Radio and Bulgarian National Television undertake to ensure the dissemination of these programs on the basis of contracts at prices covering necessary expenses for this activity, profit would have received an unrelated party in the exercise of the same activity.
(5) Failing agreement on prices under par. 3 and 4 between now and the Bulgarian National Radio and Bulgarian National Television prices are set by the Commission for Communications Regulation. "
§ 89. Within one month from the entry into force of this Act the Commission for Communications Regulation in accordance with the procedure provided for in Chapter five of the electronic communications Act shall open art. 48, para. 1 of the law for selecting the undertaking to grant permission for use of individually assigned scarce resource - radio frequency spectrum for provision of electronic communications through electronic communications network for terrestrial digital broadcasting intended for broadcasting to public operators, according planned stages and deadlines Plan for the introduction of digital terrestrial television broadcasting (DVV-T) in the Republic of Bulgaria adopted by the Council of Ministers.
§ 90. Law on Public Broadcasting (SG. 37 of 2009) is repealed.
§ 91. The provisions of § 53 on Art. 83, para. 1-3 and § 54 on Art. 84 apply only to programs produced after 19 December 2009
§ 92. (1) Within one month from the entry into force of this Act, the Council for Electronic Media brings kept by the previous order register in accordance with Art . 125k para. 2.

(2) In the period under par. 1 supplier of media services operating to the entry into force of this law, are obliged to submit data in accordance with Art. 125g para. 2.
(3) In the period under par. 1 companies that distribute Bulgarian and foreign programs, are required to submit data under Art. 125k para. 6 pt. 3 - 6.
§ 93. The Council for Electronic Media officially brought into conformity with this law licenses and registrations 6 months of its entry into force.
§ 94. Within three months of the entry into force of this Act, the Council for Electronic Media publishes on its website the full minutes of board meetings held before the enactment of this Act.
The law was adopted by the 41 th National Assembly on January 28, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva 876

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