235/2006 Sb.
LAW
of 25 June 2002. April 2006,
amending Act No. 231/2001 Coll., on radio and
television broadcasts and amending other laws, as amended
regulations, and some other laws
Change: 304/2007 Sb.
Change: 302/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on radio and television broadcasting
Article. (I)
Act No. 231/2001 Coll., on radio and television
broadcast and amending other laws, as amended by Act No. 309/2002 Coll.
Act No. 274/2003 Coll., Act No. 344/2004 Coll., Act No. 501/2004 Coll.
Act No. 626/2004 Coll., Act No. 82/2005 Coll., Act No. 127/2005 Coll. and
Act No. 348/2005 is amended as follows:
1. In article 2 (2). 1, letter a) including the footnotes 1 and 1a is added:
"a) radio and television broadcasting the initial spread of the original
radio and television programmes and services, directly related to the
programs, including Teletext in analog television broadcasting, intended for
reception by the public in the form of protected or unprotected running
conditional access "^ 1"), "^ 1a) through electronic networks
Communications ^ 1)
1) Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications),
in the wording of later regulations.
1A) Law No. 206/2005 Coll., on the protection of certain services in the field of
radio and television broadcasting and information society services. ".
Former footnote No. 1 and 1a are referred to as comments below
line no. 1b and 1 c, including the references to footnotes.
2. In article 2 (2). 1 (b)):
"(b)) taken over radio and tv broadcast reception
the original radio and television programmes or their essential
parts, including the services directly related to the programs or with substantial
parts of the program, and their simultaneous, complete and unchanged for propagation
the public through electronic communications networks "^ 1"); for
the spread is considered to be unchanged and the spread of the Czech version of the tv program
initially broadcast in a foreign language ".
3. In article 2 (2). 1 (b). (c)), after the words "may", the words "in the
the established territorial scope ".
4. at the end of the text of the footnote No. 1 c shall be added the words ", and section 3 of the
paragraph. 4 Act No. 484/1991 Coll., as amended ".
5. In article 2 (2). 1, the following point (d)) the following point (e)), which read as follows:
"e) regional broadcast radio or television broadcast, which
may within a defined territorial extent, receive more than 1% and less than 70%
the population of the United States counted by the data resulting from
the last census ^ 1b) ".
Subparagraph (e))) to (i) shall become letters (f)) to (j)).
6. In article 2 (2). 1 at the end of the text of subparagraph (f)), the comma is replaced by
a semicolon and the following words "locally defined territorial area must not
include more than 1% of the Czech population counted by the data
resulting from the last census ^ 1b) ".
7. In article 2 (2). the letter g) and (h)):
"g) radio and television broadcasting operator legal or
natural person who compiles the program, including the services directly
associated with the program, is responsible for their content and under audio
or the image marked by the program and services directly related to the
unmistakably identifies the program, this program and services directly
program-related spread or through third persons leaves
spread (hereinafter referred to as the "operator"),
h) operator taken over broadcast legal or natural person,
who decides on the composition of programmes taken over the broadcast, including the services
directly related to the programs taken over broadcast, and that these
programs and services directly related with them spreads, or through
third parties leaves in complete and unmodified form spread on the basis of
permission to operate a broadcast taken over (hereinafter "registration")
under this Act, ".
8. In article 2 (2). 1, the following point (j)) the following new subparagraph to), which read as follows:
"for the full frame program tv program) containing shows
specializations and topics, in particular intelligence programmes, film,
the documentary, educational and music that is not focused only on a specific
a group of residents with parallel interests, ".
Letters j to l)) are known as the letter l) to (n)).
9. in section 2 (2). 1 (b). m) after the word "signal" the words
"analog tv broadcast".
10. In section 2 (2). 1, letter n) the following points about) and p)
shall be added:
"o) by directly related to the programme service consisting in the dissemination of
text, image and audio information, which, individually or in
Summary create content related to the programme distributed digitally, which
It is designed to receive the public along with this program; by directly
program-related means also creation and provisioning
the contents of the data file, the data for the electronic program guide and
service expansion options for the use of the program in relation to the end
the device,
p) content of the electronic programme guide of a text, image, and
sound information on the programmes circulating on the network of electronic
^ 1) communications that are propagated through the same network
electronic communications and are synchronously connected with the following
the programs ".
Letters m) up to) are known as q) to x).
11. In paragraph 2 (2). 1 letter):
"in cable-based network) for electronic communications under a special
legal regulation ^ 1), through which the broadcaster or
the operator removed the broadcast programs for subscribers to spread
an agreed price; cable system includes cable television network,
microwave systems for terrestrial radio and television or other
technical means, except provincial radio broadcasting equipment ".
12. in section 2 (2). 1 (b). w), the words "regional broadcast" shall be replaced by
"analogue broadcasting through terrestrial radio broadcasting
equipment (hereinafter referred to as the "transmitter"). "
13. in section 2 (2). 1 at the end of the text of the letter x) dot is replaced by a comma and
the letter y) is added, as follows:
"s) territorial scope in the case of broadcasts broadcasting across the
the territory of the Czech Republic and in the case of regional or local broadcasts
territory specified in the permission for the operation of radio and television
(hereinafter referred to as the "license") in accordance with the opinion of the Czech
Telecommunications Office
1. technical parameters in the case of analog broadcasts
digital broadcasts through transmitters,
2. radio frequencies usage diagram ^ 1) in the case of digital
digital broadcasts through transmitters. ".
14. in section 2 (2). 2 (b)):
"(b)) the provision of electronic communications networks and service provision
electronic communications under a special legal regulation ^ 1) ".
15. in section 2 (2). 2 (a). (c)), after the words "television programs"
the words "and services directly related with the program", the words "authorized to
the operation of radio and television broadcasting (hereinafter referred to as the "license")
granted "are replaced by the words" licence "and the words" code
the signal "are replaced by the words" the signal of the protected system of conditional
Access ".
16. In article 2 (2). 2 at the end of the text of subparagraph (d)) is replaced by a comma and dot
the following point (e)), which read as follows:
"e) broadcast by means of remote access (the Internet).".
17. in paragraph 2 (2). 3, after the words "For", the words "taken over the radio
and television "and the words" television programs "are the words
"including the services directly related to the programme".
18. in section 2 (2). 4, after the word "For" is inserted after the word "program" and the words
"under this Act" shall be deleted.
19. in § 3a paragraph 2. 1, the second sentence is replaced by the phrase "If the legal person
the legal form of a public limited company, is a prerequisite to obtaining a license, that
its shares are added to the name. ".
20. In paragraph 5 (b). e), the words "and use frequencies frequency reports
spectrum intended for radio and television "shall be deleted.
21. in paragraph 5 (b). (g)), after the word "monitor", the words "the contents of the
radio and television ".
22. in paragraph 5 (h)):
"h) grants approval to the Czech Telecommunications Authority to issue
individual permission to use radio frequencies for other
radio services in the radio spectrum dedicated exclusively
for radio and television broadcasts ".
23. in paragraph 5 of the letter i) reads as follows:
"i) requires from the Czech Telecommunications Office opinion containing
zkoordinované frequencies for analogue radio and television broadcasting,
including their technical parameters; in the request for the opinion of the Council marks the
the territory to be covered by the broadcasting and the location of the transmitter, ".
24. in paragraph 5 of the letter j) is added:
"j) for the purpose of proceedings for the grant of a licence to operate a
radio and television broadcasting or for the purpose of licensing changes
conditions from the Czech Telecommunications Office opinion ^ 1); in the request for
opinion of the Council marks the territory to be covered, "broadcast.
25. in section 5 for the letter j) the following new letters to) and l) are added:
"the territorial scope) provides broadcasting for broadcasters pursuant to § 3
paragraph. 1 (b). (b)) in accordance with the opinion of the Czech telecommunications
the Office,
l) with the Czech Telecommunications Authority in the range according to the
special legislation ^ 1) ^ 3) ^ 4). "
To be repaced by) is referred to as the letter m).
26. in section 5 for the letter m) the following point (n)), including
footnote # 4e:
"n) provides programs and services directly related to these programs,
to be disseminated in the public interest through networks
electronic communications for radio and television broadcasting,
reviewing the duration needed their mandatory dissemination and presents Czech
Telecom Office binding opinions for the purpose of saving or
to cancel their mandatory dissemination under special legislation ^ 4e),
4E) § 72 of Act No. 127/2005 Coll. ".
Former points (l) to (p))) are known as letters of) to t).
27. in paragraph 5 (b). t) with the word "this" is deleted.
28. in section 6 (1). 1 at the end of the text of subparagraph (b)), the words "including
for information about how to transition to digital broadcasting ".
29. in section 6 (1). 1, letter h) repealed.
The present letter i) is renumbered as paragraph (h)).
30. In paragraph 7, at the end of paragraph 1, the following sentence "the membership of the Council is
public function. ".
31. in section 7 of the 12 at the end of the paragraph the following sentence "members of the Council shall not
be in employment or other similar relationship to the operator
the broadcast. ".
32. In § 12 para. 1, after the words "proliferation of Teletext" the words "in the
analogue television broadcasting ".
33. In section 12 paragraph 2 reads as follows:
"(2) a separate license to the broadcast of Teletext in the analogue television
the broadcast and to the provision of services directly related to the program in
digital broadcasting could not be granted. ".
34. In § 13 para. 2, the words "referred to in § 3 (1). 2 to 4 "shall be replaced by
the words "meeting the prerequisites according to § 3a".
35. In § 14 para. 1 letter f) is added:
"(f)) time range of the broadcast and the territorial scope of broadcasting".
36. In § 14 para. 1 (b). (g)), the word "data" is replaced by "data" and
at the end of the text of subparagraph (g)), the following words ", and information about any
services directly related to the programme ".
37. In § 14 para. 1 letter i) reads as follows:
"i) a business plan including evidence of the level of financial resources that is
able to expend for the operation of radio and television broadcasting ".
38. In article 15, paragraph 1 reads:
"(1) the licensing procedure, the Council is launching its own initiative or on the initiative of
the applicant for the licence by announcing the licensing procedure. Before you start
the licensing procedure, the Council shall request the opinion of the Czech telecommunications
defining the territorial scope of the Broadcasting Authority in the manner referred to in paragraph 2, and
in the case of licensing procedures for granting one or more licenses to
one or more of the programs distributed through the transmitters
only digitally, also opinion of the Czech Telecommunications Office to
placement options in electronic communications networks; in the case of initiative
the applicant for a licence, the Council is obliged to request from the Czech
Telecommunications Office needed an opinion no later than 15 days from the
the date on which the complaint is received. Licensing procedures the Council will announce no later than 30
days from the date of obtaining the opinion of the Czech Telecommunications Office,
to begin licensing procedure enables; If the Council of the
the telecommunications authority to the same licensing more than one
opinion, the period of 30 days for the announcement of the license to run
the date on which it receives the last of the requested opinions, if this
the opinions of the initiation of the licensing procedure allow. ".
39. In article 15, paragraph 2. 2, the first sentence is replaced by the phrase "the Council, in its publication
the licensing procedure shall determine the period and place of lodging of the licence,
the time range of the broadcast, the territorial scope specified broadcast
technical parameters in the case of analogue broadcasting, or diagram
the use of radio frequencies in the case of digital broadcasting; for a license
control on the nationwide broadcast of the Council shall lay down the requirements for the basic
Programme specification broadcasting (hereinafter referred to as "requests"). ".
40. in article 15, the following paragraph 5 is added:
"(5) in the case of the existence of two or more electronic communications networks
intended for digital broadcasting pursuant to paragraph 1, the Council shall initiate the license
proceedings, without the assignment determines the programs specific to electronic networks
communications. The Council also does not specify the structure of the programs in each site
electronic communications ".
41. In article 16 paragraph 1 reads:
"(1) If a digital broadcast license management through
transmitters only digitally, President of the Council shall order the holding of a public hearing
within 30 days from the date of expiry of the deadline for the submission of licence applications,
which the Council lays down pursuant to § 15 para. 2. in other cases, it shall order the
the President of the Council of the holding of a public hearing within 90 days from the date of the initiation of the
license control. ".
42. In paragraph 16, at the end of the text of paragraph 4, the words "so that they are in
accordance with the opinion of the Czech Telecommunications Office ".
43. In article 16(1). 5 (b). (c)), the words "as defined in relation to individual
participants in the licensing procedure "shall be deleted.
44. In article 17, after paragraph 1, insert a new paragraph 2 is added:
"(2) in granting a licence for digital broadcasting Council shall assess
and economic, organizational, and) the technical preparedness of the applicant to
ensure the transparency of its broadcast ownership, the benefits
programming proposed by the applicant for the licence to the diversity
existing menu programs and representation of European works (article 42), making
European independent producers and contemporary creations (§ 43) in the proposed
programme schedules of television broadcasting,
(b) the applicant's contribution to the development of) the original creation,
(c) the applicant's readiness to supply certain) percentage of transmitted programmes
hidden or open captions for the hearing impaired,
(d) the contribution of the applicant to ensure the) development of ethnic culture
and other minorities in the Czech Republic. ".
The former paragraph 2 becomes paragraph 3.
45. In article 17, the following paragraph 4 is added:
"(4) a license to operate a radio or television broadcast
circulated through the transmitters only digitally or registration [section 2
paragraph. 1 (b). (g)), section 26 et seq.] to operate a broadcast taken over only
You cannot grant the entrepreneurs having digitally network electronic
Communications ^ 1) (hereinafter referred to as "Entrepreneur of the electronic communications network")
or group of entrepreneurs, an electronic communications network or the person
that is economically or in terms of personnel associated with the entrepreneur or
a group of entrepreneurs, an electronic communications network; This does not apply in
where is the license to operate a radio or television
digital broadcasts through transmitters only digitally granted
directly from the law. Economically or in terms of personnel related persons
means, if one person participates directly or indirectly in the management,
control or the property of other persons, or if the same legal or
a natural person directly or indirectly involved in the management, control or
the assets of both parties. Participation in the inspection or fortune means ownership of more
than 20% share in the registered capital or share with voting rights;
the proportion of the share or of the capital with voting rights in the
the tax period shall be determined as the quotient of the sum of the States on the last day
each month, and the number of months in the tax year. ".
46. In section 18 para. 4 at the end of the text of the letter b), the words "and
indicate whether the programme will be distributed locally, regionally or across the Board. "
47. In section 18 para. 4 (c)):
"(c)) the time range of the broadcast, the territorial scope of broadcasting pursuant to § 2 (2). 1
(a). y),".
48. In section 18 para. 4 letter e) is added:
"e) base program specification and other program terms and conditions,
including the data, whether it is a full frame program; in the case of
digital broadcast as the conditions relating to the obligations of the
broadcasters to create and provide data for data files
the contents of the electronic program guide and terms and conditions relating to the
the provision of other services directly linked to the
the program ".
49. section 20 including the title reads as follows:
"section 20
File change the technical parameters of the broadcast and the diagram
(1) the Council may restrict the set of technical parameters of broadcast
broadcasters with licenses and broadcaster from the law,
that after the start of broadcasts during the calendar year on this part of the
the territory did not transmit more than 90 days, or to effectively use allocated
frequency; by this time does not include time that the posting or
the efficient use of the frequency to have prevented a reasoned technical barriers.
(2) the file of technical parameters in the case of analogue broadcasting and
diagram of the usage of radio frequencies in the case of regional or local
Digital Broadcasting Council may change based on the decision of the Czech
the Telecommunications Authority under a special legal regulation ^ 1) made
to comply with the obligations arising from international agreements to which the
the Czech Republic is bound and which was promulgated in the collection of laws or
in the collection of international treaties, or from the membership of the Czech Republic in
The European Union or in international organisations.
(3) otherwise than in accordance with paragraph 1 or 2, the Council is not
authorized without the consent of the operator broadcast a series of technical
parameters, or to change radio frequencies usage diagram.
(4) the Council passes a written request from a licensed broadcasters of
file change technical parameters in the case of analogue broadcasting and
diagram of the usage of radio frequencies in the case of a regional or
the local digital broadcast, if there is no change to the violation
arising from international agreements to which the Czech Republic is bound and
published in collection of laws or in the collection of international
contracts, or from the Czech Republic's membership in the European Union or in the
international organisations, or to violate such a law, and if
This change in accordance with the opinion of the Czech Telecommunications Office,
that the Council before making the change. However, the Council shall reject the application,
If the change has led to a failure to grant licences on the basis of the public hearing.
The reasons for the refusal of consent must be consistent with the criteria set out in section 6 of the
paragraph. 1 (b). (e)), the Council is required to decide. a change in the facts referred to in
This paragraph within 60 days from the date on which it was delivered to the application
broadcasters with licenses. If the Council does not decide within this time limit,
It is considered that the change agreed. The Council may stay the proceedings
in the event that you need to remove the deficiencies within the period prescribed in the
a change request or if proceedings have been initiated for a preliminary ruling ^ 10).
In this case, the Council, in the decision on the stay of proceedings shall be the
the question is; After a period of interruption of the proceedings time limits is not running. ".
50. in paragraph 21 of the paragraph. 1 (b)):
"(b)) to change the time range of the broadcast or the territorial scope of the broadcast
According to § 2 (2). 1 (b). y),".
51. In article 21, paragraph 5 is added:
"(5) the Council may change the terms of the license, even if it is necessary to
compliance with the obligations arising from international agreements to which the United
Republic and published in the statute book or in the collection of
international treaties, or from the Czech Republic's membership in the European Union
or in international organizations. ".
52. In section 21 para. 6 and 7, the last sentence is the number "2" is replaced by "5".
53. section 24a is deleted.
54. In paragraph 25 of the text at the end of paragraph 5, the words "or the granting of
the licence was in breach of the obligations arising from international treaties,
the Czech Republic is bound and which was promulgated in the collection of
in the collection of laws or international treaties ".
55. cancelled
56. cancelled
57. In § 32 para. 1, letter h) the following points i) and (j)),
are added:
"i) nezařazovat programmes shows that they can establish the stereotypical
prejudices relating to ethnic, religious or racial minorities,
j) nezařazovat to shows and ads which contain profanity
and swearing, in addition to works of art, in which this is in terms of design exhibit
the context of the necessary; such work is, however, possible to broadcast only from 22.00
hours to 06.00 hours the second day ".
Letters i) up to) are known as letters to) to r).
58. In § 32 para. 1 (b). r), the words "(a) n)" shall be replaced by
"(p))".
59. In paragraph 32, at the end of paragraph 1, the period is replaced by a comma and the following
letter s) is added:
"report to the Council with) an electronic communications network" ^ 1 "), in which a digitally
spread program. ".
60. In § 47 para. 1 at the end of subparagraph (c)) is replaced by a comma and dot
the following point (d)), which read as follows:
"(d)) data on the number and length of the broadcast of Czech works.".
61. In § 49 paragraph 1 reads:
"(1) the operator of television broadcasting is entitled to include advertising and
teleshoppingové spots in programmes consisting of autonomous parts, or in
shows from sports businesses and similarly structured events and
performances containing intervals, but only between these parts, or in
These breaks. If the sports business, similarly structured
the event or performance do not contain breaks, applies for inserting ads
the operator of tv licensing (2) and (4) ".
62. In § 53 para. 1, after the word "service" is inserted after "identifying".
63. In paragraph 53, the following paragraph 6 is added:
"(6) the part of the sponsoring television and radio programmes
natural or legal persons whose activities include the manufacture of
or distribution of medicinal products and medical treatment may not be
the promotion of medicinal products or medical treatments are bound to
prescription in the national territory. ".
64. in the heading of title V of part five, the words "special permissions and"
shall be deleted.
65. section 54 including the title reads as follows:
"§ 54
Ensure the local broadcasts
(1) the operator of a broadcasting license in the cable system and operator
incorporated in the cable broadcast system at the request of the municipality or
the volume of the municipalities of free voluntary reserves one channel for free
local information system, used exclusively to the needs of municipalities, which must not
be broadcast without the consent of the operator and the operator's license
taken over the broadcast used for advertising and teleshopping.
(2) the operator removed the broadcast in the cable system is in
creating the lowest program must ensure that it
all of the programs included terrestrial non-proprietary system
conditional access of broadcasters from the law, which can be received
the regular in-place terminal equipment cable, no matter
whether they are broadcast analog or digitally, after the approval of the operator
broadcast from the law ^ 3) ^ 4).
(3) the broadcasters are required to provide by law referred
the operators of the programs taken over the broadcast in the cabling system
free of charge and taken over by the operator is obliged to broadcast referred to
the programs in the program menu, free of charge, its lowest place. ".
66. In the fifth with his head in the following title VI is added:
' TITLE VI
ISSUING OPINIONS TO THE OBLIGATIONS OF THE OPERATOR NETWORK ELECTRONIC
COMMUNICATIONS IN THE PUBLIC INTEREST TO DISSEMINATE PROGRAMS AND SERVICES DIRECTLY RELATED
WITH THE PROGRAM
§ 54a
The Council, when determining whether the public interest is given and that the public interest
It takes, takes into account, in particular, representation of the programmes in the public interest and shows
own creation, multimodal accessibility of broadcast shows, visually impaired and
hearing-impaired (audio description, sign language, subtitling, easy
navigation) and the suitability of the program operator for broadcast urgent
notification according to § 32 para. 1 (b). k).".
67. section 55 including the title reads as follows:
"§ 55
Ensure the pluralism of information in the analog broadcasting nationwide
television broadcasting
(1) A legal person or a natural person may hold
more than one license to celoplošnému analog tv broadcasting.
(2) A legal person or a natural person may hold
more than one license to celoplošnému analog radio
the broadcast.
(3) the operator of a nationwide analogue radio broadcast
shall not participate in any shares in the business for another operator nationwide
analogue radio broadcast.
(4) the operator of a nationwide analog tv broadcasts must not be
the property involved in the business of another operator nationwide
analog tv broadcasts.
(5) the operator of a nationwide television broadcast of the law shall not
merge with the operator nationwide analog tv
broadcast, and by their statutory bodies or members of the
statutory bodies are the same person or persons, or are in
shareholders in the same company or persons are loved ones.
(6) the operator of a nationwide radio broadcast of the law shall not
merge with another operator nationwide analogue radio
broadcast, and by their statutory bodies or members of the
statutory bodies are the same person or persons, or are in
shareholders in the same company or persons are loved ones.
(7) the operator of a nationwide analog tv broadcasts must not be
merge with the operator nationwide analog television broadcasting
by other means (section 58).
(8) the operator of a nationwide analogue radio broadcast
must not merge with the operator nationwide analogue radio
broadcast by other means (section 58).
(9) the provisions of paragraphs 1, 2, 3, 4, 7 and 8 shall not apply to radio and
disseminated through tv cable systems and satellites.
(10) the provisions of paragraphs 7 and 8 shall not apply to persons engaged in the
recruiting and selling advertising services, services related to sponsorship
and teleshopping, market research services and services related to
purchase programmes, excluding programs. ".
68. in paragraph 55, the following new section 55a, which including the title reads as follows:
"section 55a
Ensure the pluralism of information in nationwide digital radio and
television broadcasting
(1) A legal person or a natural person may not be simultaneously
the holder of more than two licenses to operate a nationwide digital
the tv broadcast of qualifying to the spread of full programs.
(2) A legal person or a natural person may not be simultaneously
the holder of more than two licenses to operate a nationwide digital
the radio broadcast.
(3) the operator of a nationwide digital television broadcasting shall not be
the property involved in the business of another operator nationwide
the television broadcast.
(4) the operator of a nationwide digital radio broadcast
shall not participate in any shares in the business for another operator nationwide
the radio broadcast.
(5) the operator of a nationwide television broadcast of the law shall not
merge with the nationwide digital tv
broadcast, and by their statutory bodies or members of the
statutory bodies are the same person or persons, or are in
shareholders in the same company or persons are loved ones.
(6) the operator of a nationwide radio broadcast of the law shall not
merge with another operator of a nationwide digital radio
broadcast, and by their statutory bodies or members of the
statutory bodies are the same person or persons, or are in
shareholders in the same company or persons are loved ones.
(7) the operator of a nationwide digital television broadcasting shall not be
merge with the nationwide digital television broadcasting
by other means (section 58).
(8) the operator of a nationwide digital radio broadcast
must not merge with the provider of nationwide digital radio
broadcast by other means (section 58).
(9) the provisions of paragraphs 1, 2, 3, 4, 7 and 8 shall not apply to radio and
disseminated through tv cable systems and satellites.
(10) the provisions of paragraph 3 shall not apply to agreements of the operators
digital television broadcasting by means of transmitters for digital
the joint operation of the electronic program guide. The provisions of the
paragraphs 7 and 8 shall not apply to persons engaged in the recruitment and sale
advertising services, services related to sponsorship and teleshopping,
market research services and services associated with buying programs
excluding programs. ".
69. section 56 including the title reads as follows:
"§ 56
Ensure the pluralism of information in local and regional broadcasting
television broadcasting
(1) if it is one legal entity or natural person one
hold multiple licenses to operate other than nationwide
tv or more licenses to operate other than the
nationwide radio broadcasts, it may not cover the United Kingdom
in the total broadcasting licences to operate other than the
nationwide radio broadcast or in the total licenses
operation other than the nationwide television broadcast may not exceed 70
% of the total population of the United States, calculated according to the
resulting from the last census.
(2) A legal person or a natural person may be the property of
participate in the business more operators other than nationwide
the radio broadcast or more operators other than nationwide
television broadcasting only in the case that the total coverage of the population of the United
Republic broadcasting all operators other than nationwide
the radio broadcast or all operators other than nationwide
the television broadcast on the business of the person involved,
shall not exceed 70% of the total population of the United States, counted
According to the data resulting from the last census.
(3) the obligations referred to in paragraphs 1 and 2 shall not apply to radio and
disseminated through tv cable systems and
satellites. ".
70. in § 60 para. 1 (b). (c)), the words "(a). I) "are replaced by the words" (a).
k) "in subparagraphs (d) and (e))) the words" (a). (j)) "shall be replaced by" subparagraph (a).
l) ", in subparagraph (f)), the words" (a). l) and (m)) "shall be replaced by" subparagraph (a). n) and
about) ", and in subparagraph (h)), the words" (a). n) "are replaced by the words" (a). p) ".
71. In § 60 para. 3 (b). (g)), the words "(a). about) "shall be replaced by the words" (a).
r) ".
72. In article 60, paragraph 4 reads:
"(4) a fine from $50,000 to $5 000 000 imposed by the Council,
and) who interfered in the content of the program broadcasters and
the operator removed the broadcast in violation of § 31 para. 1 and violates
obligations relating to the production or broadcast referred to in the
special laws ^ 3) ^ 4),
(b)) who unlawfully interferes with the content services directly related to the
program. ".
73. In § 61 para. 1 the words "(a). (j)) "shall be replaced by" subparagraph (a). l) ".
74. In § 63 para. 1 (b). and the word ") and" shall be replaced by the words ", and" 55a.
75. In paragraph 67, the following paragraph 3 is added:
"(3) The services directly related to the programme and to provide additional services
apply mutatis mutandis the provisions of § 32 para. 1 (b). (b)) to (g)), and
the provisions of § 35 to 41. If it is in the context of services directly related to the
program and the electronic program guide distributed advertising,
subject to the obligations pursuant to § 48, mutatis mutandis, with the exception of paragraph 4
(a). a), b) and (d)). ".
76. under section 67 shall be added to § 67a is inserted:
"§ 67a
The content of the services directly related to the program are not covered by
the provisions of sections 42 to 47 and 49 to 51 ".
Article II
Transitional provisions
1. the operator of a nationwide broadcasting license
qualifying to the Earth's analog broadcast program, which has been
decision of the Council for radio and television (hereinafter referred to as "the Council")
extended licenses for the right to broadcast this program and digitally (hereinafter referred to as
"the broadcaster with the extended license"),
and that to 180) days of the effective date of the decision on the extension of
the licence will launch digital broadcasts of this program through a network of
provincial radio broadcasting equipment (hereinafter referred to as ' the broadcasting network "), and
(b)) that, within 90 days from the effective date of this Act shall deliver to the Council written
the statement containing the consent to making changes in the technical file
the broadcast parameters set out in the licence in accordance with a technical plan
transition and the commitment to end analog broadcasting in the time provided for
The technical transition plan,
a right to the grant of a licence to the Earth's digital celoplošnému
broadcast another programme, including the services directly related to this
the program.
2. Compliance with the conditions for the emergence of the right referred to in point 1 of the President of the Council
on the official Board shall immediately notify the Council and the manner allowing remote
access.
3. the Council of broadcasters with the extended license, which was created
the right referred to in point 1, shall be granted a license to broadcast another program within 60 days
the date on which it receives the application for the granting of licenses that meet the law
the conditions laid down. Broadcaster, which is entitled under
point 1, is entitled to enter into a contract on the digital dissemination of the programme according to the
point 1, regional network operator broadcast of radio equipment.
If there is no contract within 90 days from the date of the rights referred to in section
1, saves the Czech Telecommunication Office within 30 days of the obligation to distribute the program
in accordance with point 1 to the network operator provincial broadcasting of radio equipment.
The imposition of this obligation is not subject to consultation in accordance with Act No. 127/2005
Coll., on electronic communications and amending some related
laws (the law on electronic communications), as amended
regulations. Czech Telecommunication Office imposing the obligation to inform the
forthwith inform the Council.
4. the Council shall decide on the withdrawal of the licence, if on the basis of a binding
the opinion of the Czech Telecommunications Office operator with
extended license, which was granted a license in accordance with section 3, fails to comply with
a commitment to end analog broadcasting in the respective term or repeatedly
seriously breach the Technical transition plan.
5. the operator of a local or regional television broadcasting with
the licenses, which on the date of entry into force of this law spreads the program
analog by broadcasting network (hereinafter referred to as "operator
local or regional broadcasting "), entitled for the duration of
license to spread this program in an unchanged form through broadcasting
network designed for regional terrestrial digital television broadcasting (hereinafter
"the regional broadcasting network"), including services which are directly related
with this program, if, within 60 days from the date on which the Czech telecommunications
the Telecommunications Authority in the Gazette and on the notice board of your electronic
publish a notice stating that the available transfer capacity
regional broadcasting network, will deliver to the Council a written declaration stating that the
This program, including the services directly related to the program, intends to
distribute digitally within the framework of the technical and operational capacity of regional
the broadcasting network. In a statement must be included with the implementation of changes to the agreement
in the file of technical parameters laid down in the broadcasting licence in accordance
with the technical transition plan and a commitment to end analog broadcasting in
the time provided for the technical transition plan. Written declaration
the operator of a local or regional broadcasting joins Planar
a graphical representation of the intended territorial scope of broadcast
the relevant part of a technical breakdown of the regional broadcasting network
the area of undisturbed reception of broadcasts, which, at the date of acquisition
the effectiveness of this law accounts for a significant part of the broadcast range
its analog broadcasts.
6. Compliance with the conditions for the emergence of the right referred to in point 5 of the President of the Council
on the official Board shall immediately notify the Council and the manner allowing remote
access.
7. the Council shall, within 30 days from the date of expiry of the time limit for the receipt of the written
the Declaration referred to in section 5, it shall request the opinion of the Czech Telecommunication Office
pursuant to section 5 (b). j) Act No. 231/2001 Coll., in the version in force from the date of
entry into force of this Act, and for an opinion on the location of the options in the
regional broadcasting network, and in relation to all operators
local or regional broadcasting, which is entitled under section 5.
The emergence of the rights referred to in section 5 of the Council by the operators of the local or regional
indicated on the licence and broadcasts at the same time for digital broadcast program
on a proposal from the operator of a local or regional broadcasting
the license terms that derive from Act No. 231/2001 Coll., as amended by
effective from the date of entry into force of this Act, within 30 days from the date
When it receives the last of the opinions of the Czech Telecommunication Office
asked by this point.
8. the operator of a local or regional broadcasting, which the Council
made the change a licence pursuant to section 7 (hereinafter referred to as "local operator
or regional broadcast with a digital license "), you may enter into with
an entrepreneur, which provides a regional broadcasting network, the contract pursuant to §
72A Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications),
in the version in force from the date of entry into force of this Act.
9. the operators of local or regional broadcasting with digital
licenses (point 8), who on the date of entry into force of this Act, the broadcast
program analog-on shared frequencies with nationwide
tv licensing (hereinafter referred to as "local operators or
on shared regional broadcasting frequencies "),
and the territorial scope of the summary) regional or local broadcasts
exceeds 33% of the total territory of the United States or whose broadcasts
can receive in the aggregate at least 33% of the population of the Czech Republic
calculated according to data resulting from the latest census and
(b)) who concluded the agreement on creation of the programme network,
can you identify the legal entity that creates a right to the grant of a license to
digital broadcasting one nationwide television program with
time range broadcast additional time range of broadcast
operators of local or regional broadcast to shared
frequencies in accordance with the Treaty on the creation of the programme network. This license
legal entity of the Board shall, within 60 days of the date on which it received the application for
the granting of licenses that meet the conditions laid down by law and in accordance with
the opinion of the Czech Telecommunications Office available transmission
the capacity of the regional broadcasting network. If, in the opinion of the Czech
Telecommunications Office available transfer capacity of regional
the broadcasting network, the Council of the legal person shall be granted a license, preferably within 60
days of the effective date of the decision of the Czech telecommunications
the authority to grant allocation of radio frequencies pursuant to Act No. 127/2005
Coll., on electronic communications and amending some related
laws (the law on electronic communications), in the version in force from the date of
entry into force of this Act. The application for the grant of the licence must be
accompanied by a written declaration of all local operators or
on shared regional broadcasting frequencies, creating programmatically
the network that the application made by a legal person designated by them, which is to be awarded
license under this section; such written declaration may each
the operator of a local or regional broadcast to shared
frequencies only once. To program the network created by
This paragraph shall not apply the provisions of § 57 of Act No. 231/2001 Coll., on
the version in force from the date of entry into force of this Act.
10. the operator incorporated in the cable broadcast system is in
creating the lowest program must ensure that it
includes all terrestrial full nationwide programs
non-proprietary conditional access system operators with
licenses, including local and regional broadcast to shared
frequencies with the operator of the broadcasting license, according to the
State on the date of entry into force of this Act; This obligation shall
does not apply to programs broadcast only digitally. The operator
broadcasting with a license and a local operator or
on shared regional broadcasting frequencies with the operator
broadcasting license is obliged to provide these programs
the operator and the operator free of charge broadcast taken taken over
broadcast programs listed in its lowest programming
place free of charge. Obligations of the operator broadcast taken over in
the cable system, operator of the broadcasting license and
the operator of local or regional broadcast to shared
frequencies with nationwide broadcast with the license set out in
This section shall expire on 31 December 2007. December 2011.
11. license to carry local broadcasts issued under the existing
legislation from the date of entry into force of this Act, be deemed to
licences to regional broadcasting, when relevant radio or
television broadcasting within a specified territorial scope may receive more than
1% of the Czech population counted by the data resulting from
the last census.
12. the administrative procedure for the grant of the licence to the Earth's digital broadcasting
initiated and a work in progress until the date of entry into force of this Act shall be
interrupt for a period of 90 days from the date of entry into force of this Act; This
Management Council finalizes pursuant to Act No. 231/2001 Coll., in the version in force from
the effective date of this Act. Other administrative proceedings initiated and
a work in progress until the date of entry into force of this Act, the Council has
Act No. 231/2001 Coll., in the version in force until the date of entry into force of this
the law.
PART TWO
Amendment of the Act on electronic communications
Article. (III)
Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications),
as amended by law no 290/2005 Coll., Act No. 361/2005 Coll. and Act No.
186/2006, is amended as follows:
1. in section 17(2). 5 (b). a) after the word "licences", the words "to
operation of a radio or television broadcast analog-digital ".
2. § 17 paragraph 8 reads as follows:
"(8) the authority may issue a permission to the use of radio frequencies for
the radio service, if
a) licence has been issued to operate a radio or television
digital analog broadcasts under special legislation ^ 11),
(b) radio frequencies), a dedicated Office of radio operator
or television broadcasts under special legislation ^ 16), or
(c)) was issued to the assignment of radio frequencies for this service.
Permission to use radio frequencies for other radiocommunication
services in the radio spectrum reserved exclusively for radio
the Office may issue a service only with the consent of the Council for radio and television
the broadcast by a special legal regulation ^ 11). ".
3. the following section is inserted after section 72 72a, which reads as follows:
"§ 72a
(1) the spread of radio and television broadcasting is provided on
the basis of a written contract between the operator of radio and
tv ^ ^ 11), 16) and an entrepreneur providing this service
electronic communications.
(2) an entrepreneur providing service distribution of radio and television
broadcasting is obliged to act on the conclusion of the contract referred to in paragraph 1 in
When requested to do so by the operator of radio and television
the broadcast.
(3) in the absence of the conclusion of the agreement referred to in paragraph 1, the Office is authorized to
basis of a proposal from any party to decide the dispute. For
resolution of the dispute shall apply mutatis mutandis to section 127. Part of the proposal of a Contracting Party to the
the dispute must be the draft treaty with his disputed
parts.
(4) an appeal against a decision pursuant to paragraph 3 does not have
suspensory effect. ".
4. In § 112 para. 3 the following letter a), which reads as follows:
"a) handles, in conjunction with the Council for radio and television
the broadcast portion of the plan the allocation of frequency bands designated for
radio service ".
Letters) to c) shall become point (b)) to (d)).
5. In § 112 para. 4 the first sentence, the words "the territorial area"
replaced by the words "the territorial scope".
6. In article 125, paragraph 5 is added:
"(5) the authority is also required to publish information concerning the procedures and
conditions associated with rights for the construction of electronic communications networks
under special legislation ^ 41) and information on networks for
radio service under special legislation ^ 11). ".
Article IV
cancelled
PART THREE
Amendment of the Act on administrative fees
Article. In
Annex schedule of the Act No. 634/2004 Coll., on administrative fees, in
amended by Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No.
361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.
553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.
137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll. and act
No 186/2006, is amended as follows:
1. Under item 67):
"and the receipt of the request)
-for permission to operate
tv Czk 50 000
-period of validity of
permission to operate a $50 000 tv ".
2. Under item 67 (b)) shall be deleted. Subparagraph (c)) to (e))
referred to as the letters b) to (d)).
3. Under item 67 (c)):
"(c) the receipt of an application to operate a) received $50,000 broadcasting".
4. Under item 67 (d)):
"(d)) the adoption of a change request the data referred
-in the application for the granting of permission to operate
tv CZK 10 000
-in the application for the granting of permission to operate
the radio broadcast CZK 3 000
-in the application to operate a broadcast taken CZK 10 000 ".
5. Under item 67 in the text below with the letter d), the words "paragraph (e))" shall be replaced by
the words "paragraph (d))".
PART FOUR
Amendment of the Act on radio and television fees
Čl.VI
In § 8 para. 10 of Act No. 348/2005 Coll., on radio and television
fees and amending certain acts, the words "operator
distribution system "shall be replaced by the words" Supplier to ensure the delivery of
electricity customers ".
Footnote # 15:
"15) Act No. 458/2000 Coll., as amended.".
PART FIVE
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on the date of its publication, with the exception of article. I point
26, which takes effect on January 1. January 2012.
in z. H K in r.
Klaus r.
Paroubek in r.
