Notice On A Non-Commercial Television In Mux 1

Original Language Title: Bekendtgørelse om ikke-kommercielt tv i MUX 1

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=126155

Overview (table of contents) Chapter 1 scope

Chapter 2 Permissions

Chapter 3 Terms

Chapter 4 application for authorisation

Chapter 5 Radio and television Board's treatment of applications

Chapter 6 monitoring of program establishment

Chapter 7 Grants to the program operator

Chapter 8 accountability, etc.

Chapter 9 Auditing of accounts

Chapter 10 Second

Chapter 11 entry into force

Annex 1

Annex 2

Annex 3 The full text of the notice on the non-commercial tv in MUX 11)

Pursuant to § 45, paragraphs 5 and 6, section 47, paragraph 2, section 48 and section 92 (a) of the law on broadcasting, see. lovbekendtgørelse nr. 827 of 26. August 2009, fixed:

Chapter 1

Scope

§ 1. The notice includes the exercise of a non-commercial program activities by means of terrestrial digital tv broadcasting networks in MUX 1 in accordance with permits issued by the Ministry of Radio and television Board.

Chapter 2

Permissions

§ 2. The pursuit of non-commercial program activities in MUX 1 requires under section 47, paragraph 2, of the law on radio and television company a permit issued by the Radio and television Board pursuant to § 45, paragraphs 1 and 2.

(2). Paragraph 1 shall not apply to public service company engaged by DR, TV 2/DANMARK a/s and the regional TV 2-companies.

§ 3. Radio and television Board issuer pursuant to section 45, paragraph 2, of the law on the airwaves following a call for tenders for the provision of non-commercial permission application company in MUX 1.

(2). Permits are allocated by beauty contest.

(3). Radio and television Board may under section 45, paragraph 6, of the law on the airwaves without prior call for competition issue temporary permits of up to 1 month's duration for the exercise of a non-commercial program activities.

(4). The Board may, for the provision of broadcasting time or in connection with the issuance of temporary permit with 3 months ' notice withdraw the rest of the airtime, temporarily used for the provision of program activities, see. section 11, paragraph 5.

(5). Radio and television Board may waive the provision of free airtime. In this connection, the Committee should place the emphasis on the extent of the available airtime compared with the remaining licensing period, see. section 5, and, where appropriate, the number of applications by former range.

§ 4. Radio and television Board issuing licences to 8 regional areas corresponding to TV 2 regions.

(2). The Committee shall issue – if after the Board's assessment on the basis of the applications received, etc. required – nationwide permits, covering the regional areas referred to in paragraph 1. Airtime to nationwide permits may not exceed 20 hours per week.

§ 5. Authorisation shall be issued for a period of 5 years, the first time however, with expired on 31. December 2013, without prejudice. However, section 3, paragraph 3.

(2). Radio and television Board may issue permits with shorter than 5 years, with a view to achieving a common expiration date for the permissions.

§ 6. Authorisation shall be issued with a weekly minimum air time, as in the authorization period cannot be changed by the Board in connection with the issuance of new permits, unless time is not used by the licence holder.

§ 7. Program activities in MUX 1 in accordance with the Radio and television Board's permissions can be exercised every day during the period at. 21:00 to 17:00, whilst not exercise program business in TV/MIDT-vest's area in the period during which the TV/MIDT-VEST sends out news broadcasts from TV 2/NORD, or to TV Celso area in the period during which the TV broadcast news broadcasts from SOUTH TV 2/ØSTJYLLAND, see. Annex 1.

(2). In connection with the issue of nationwide permits under section 4 (2), the Tribunal shall decide on the basis of the applications received, including information on program content and/or target groups, etc.., decision, what times, within the period referred to in paragraph 1 will be available for nationwide application business.

Chapter 3

Conditions

Program company

§ 8. Radio and television Board sets in connection with issuance of permit conditions for program activities. In this context, the Board may provide that program shall be exercised in accordance with the application.

(2). There must not be included advertisements in program activities.

(3). Changes to the programme shall be approved in advance by the Radio and television Board.

§ 9. There may not broadcast programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.

(2). Other programmes which are likely to impair the physical, mental or moral development of minors, must not be sent unless it by selecting the time of the broadcast or by any technical measure, that minors in the area of secured will not normally hear or see such broadcasts. When programmes are broadcast in unencoded form, must be preceded by an acoustic warning them, or they must, throughout their duration, be marked with a Visual symbol.

(3). Programmes must not in any way instigate hatred on grounds of race, sex, religion, nationality or sexual orientation.

§ 10. The holder of a nationwide licence pursuant to section 4, paragraph 2, must strive to achieve:

1) that more than half of the air time, which does not consist of news, sports events, competitions and text-tv, devoted to European works, see. Annex 2, and

2) to 10 per cent of the transmission time, which does not consist of news, sports events, competitions and Teletext services, or 10 per cent of the programme budget devoted to European programmes from producers who are independent of the television undertaking. An appropriate proportion should be reserved for programmes of new date, IE. programs broadcast at the latest 5 years after their production.

Send collaboration, etc.

§ 11. Holders of authorisations for the provision of programme activities in the same region must be included in a broadcast Association. Holders of nationwide permits shall also be included in a broadcast Association. Send work together as organized association or equivalent legal form.

(2). Rules for cooperation in sending the synergy should be determined by agreement between the sending samvirkets members, see. However, paragraph 15.

(3). Send synergies shall designate a contact person who has contact with I/S DIGI-TV and the Radio and television Board.

(4). Send the synergy distribution frame in accordance with the Radio and television Board's priorities, see. sections 15 and 16, the Radio and television Board assigned minimum air time, see. section 6 of the broadcasting time available, see. § 7.

(5). By allocating other airtime, IE. free airtime, which can be used on a temporary basis, participating in addition to send samvirkets members any holders of provisional authorisation for the provision of programme activities in the region, consent holders from other regions or holders of an authorisation for the provision of nationwide application business, previously declared interest in exercising program activities in the region concerned. In addition, participating the regional TV 2-company.

(6). By allocating other airtime must send the synergy should endeavour to achieve versatile program activities for topics and target groups.

(7). Regional send desired to cooperate should also be criminalized by allocating air time to prioritize programme activities in this order:

1) program activities of holders of temporary permits

2) program activity exercised by holders of permits for the region concerned

3) program activities engaged in by the regional TV 2-company

4) program activities of other holders of permission.

(8). The nationwide transmission synergies must be criminalized by allocating air time also prioritize programme activities in this order:

1) program activities of holders of temporary permits

2) program activity exercised by holders of nationwide permits

3) program activities of other holders of permission.

(9). Send samvirkets contact person shall inform the Broadcasting Board on the distribution of minimum sendetiden as well as on the distribution of remaining air time.

Paragraph 10. Regional cooperation is required to coordinate the send signal deliveries to regional broadcast in accordance with paragraphs 4 to 7 of a total signal delivered to the local regional TV 2-company.

Paragraph 11. For the nationwide transmission samvirke, signal supplies must be delivered to the regional TV 2-company. The nationwide transmission Association is obliged to draw up an overall plan for signal supplies for nationwide broadcast in accordance with paragraph 4 and 8 indicating to which regional TV 2-companies, each signal supplies is done. Send synergies shall communicate with appropriate notice any changes herein.

Paragraph 12. Send the synergy pay I/S DIGI-TV for the capacity in MUX 1, allocated to the distribution of the under paragraphs 4-8 referred to programme activities. Send synergies shall communicate with appropriate notice any changes of the need for capacity. Payment obligation also includes the transmission of programmes from each region to TV 2/DANMARK a/s in Odense, as well as from TV 2/DANMARK a/s in Odense and to send the masts. Members of send synergy jointly and severally liable for the payment agreed with the I/S DIGI-TV.

Paragraph 13. Send the synergy can as well as by other members of the authorisation holders who send in the rest of the airtime, advance charge for airtime


Paragraph 14. The provisions referred to in paragraphs 11 to 13 shall not apply to applications from the regional TV 2-companies that distributed in MUX 1.

Paragraph 15. Radio and television Committee shall make a proposal for a statute, see. Annex 3, available to send work together, one of which, among other things. identifying the rules that can only be waived with the approval of the Radio and television Board.

Paragraph 16. If licence holders in a broadcast Association cannot agree on the distribution of minimum air time or about economic conditions, etc., the decisions of the Radio and television Board. Similarly, the Broadcasting Board shall take its decision by a disagreement between consent holders, including the regional TV 2-undertakings, on the distribution of other programming time and economic conditions, etc. for this purpose.

§ 12. Program shall be commenced not later than 3 months after issuance of the permit.

(2). Radio and television Board may grant a derogation from paragraph 1, if special conditions are applicable.

Chapter 4

Application for authorisation

§ 13. Application for permission is done on an application form, which can be obtained from the Radio and television Board.

(2). Application for a permit shall contain information on:

1) applicant's name, address, telephone number and e-mail. If the applicant has multiple addresses, indicate these with a description of the functions performed by the various addresses.

2) economic conditions, including how the operation will be financed.

3) nature of application activity, including description of the programme types, see. paragraph 5, and application categories, IE. for example, news, timeliness, sport, religious service, entertainment, children's programmes and youth programs, the company includes, as well as the individual application types and categories of temporal distribution program. It also reported about the company aimed at specific target groups, such as age or population groups.

4) requests for authorisation for regional programme activities must contain information about the volume of own-produced programs for the region concerned, of own-produced programs from other regions and by other applications as well as the extent of reruns, spread across the three program types, see. (5).

5) applications for nationwide permit shall contain information on the volume of own-produced programmes and other programmes as well as the extent of reruns distributed on the two program types, see. (5). Applications shall also include requests for sending timernes location.

6) Would send about the number of hours per week. In this context, it should be indicated whether the application shall lapse if the desired number of send hours cannot be accommodated.

7) plans shall collaborate with other program and/or production enterprises, etc. about application company.

8) The name, as the tv station will apply.

(3). The Committee may furthermore require the information it deems necessary for the examination of the application. The Board may fix a deadline for the release of information. If the Committee is unable to get sufficient information, it may be the refusal of the application.

(4). Changes in relation to the reported in the application shall be communicated to the Radio and television Board, since changes in relation to it in paragraph 2, no. 3-5, however, must first be approved by the Radio and television Board, see. § 8, paragraph 3.

(5). By program types for the purposes of this Ordinance only the following program types:

1) self-produced programs to the region, as the authorization covers

2) own-produced programs from other regions

3) self-produced programs nationwide application business

4) other programs.

Chapter 5

Radio and television Board's treatment of applications

§ 14. By processing applications to television and Radio Committee seek to ensure each region, respective the nationwide share of broadcasting time, an overall programme activities of versatile nature in relation to topics and/or target groups.

(2). When examining applications can Radio and television Board, among other things. put the emphasis on the applicant's financial capacity and the opportunity to realize the established program plans.

§ 15. When processing applications for program activities in each region a priority for the Radio and television Board in the following order applicants engaged in programme activities containing:

1) self-produced programmes for the region in question

2) own-produced programs from other regions

3) Other programs.

§ 16. When processing applications for nationwide application business priority for the Radio and television Board in the following order applicants engaged in programme activities containing:

1) Self-produced programs

2) Other programs.

§ 17. By processing of application for temporary permit planning Radio and television Board, in addition to those referred to in sections 15 and 16, emphasis on the priorities mentioned in the application described programme activities in conjunction with the programme activities in the rest of the airtime in the region concerned, or the nationwide transmission synergies with a view to ensuring a comprehensive programme activities of the versatile character of the region concerned, or the nationwide transmission samvirke.

§ 18. By programs produced for the region concerned for the purposes of this Ordinance programs in their content is aimed at viewers in the region.

(2). For the purposes of this Ordinance by self-produced programs programs that are produced by the licence holder himself or on his behalf.

Chapter 6

Oversight of the program operator

§ 19. Radio and television Board oversees the performance of program activities, including with the use of the grant funds in accordance with Chapter 7. The Board conducts random checks of the connection.

§ 20. Radio and television Board reprimands pursuant to section 42, nr. 3, of the law on radio and television company violations of the law, provisions laid down by law and terms of application permissions and may withdraw the authorization referred to in article 6. § 50.

§ 21. With regard to the processing of cases of violation of the law, provisions laid down by law, as well as the conditions laid down in connection with the issuance of the program listening to the Radio and television Board licence holder. In cases involving application company that is broadcast simultaneously by several consent holders or by virtue of a solid working relationship on the program operator, select Radio and television Committee, the consent holder Board hears.

§ 22. Holders of an authorisation to programme activities are in accordance with § 39, paragraph 3, of the law on radio and television company obliged to communicate to the Committee the information, hand over the documents, etc., and to provide written statements, as required by the Board. The Board may fix a deadline for the release of such information, etc.

§ 23. Any penalty imposed pursuant to section 50 of the Act on radio and television business can be directed at one or all the holders of a permit application company that has carried out the program company sanctioned.

Chapter 7

Supplements to the program operator

§ 24. Radio and television Board can provide grants for consent holders covered by article 3, paragraph 1.

(2). With regard to the section 4, paragraph 1, referred to stations, it is a prerequisite for grants that stations have wide contacts with the local community.

§ 25. If the Radio and television Board demands to that effect must be provided in connection with the grant application will be informed of any pending or closed cases to the courts or public authorities.

(2). If the case relates to the station's operation and program activity, and if the case concerns the violation of medieansvarsloven, rules on other grants than grants in accordance with the Broadcasting Act or the criminal code, etc., and where the offence is of a serious or repeated nature, can often by Radio and television Board decide on the refusal of the application for reimbursement.

(3). Radio and television Board may, when assessing the conditions referred to in paragraph 2 shall only pay attention to violations committed by the station itself or by a senior staff member, including unpaid labour, and above which there is a final judgment, taken a final decision handed down by the press board or taken a final administrative decision.

(4). If the station does not comply with the Broadcasting Board's request for information on the matters referred to in paragraph 2, the Radio and television Board put emphasis on this in its assessment of the application for reimbursement.

section 26. Subsidies are granted as operating grants and shall be calculated on the basis of the volume of total stations, eligible air time in conjunction with the weighting of the individual station's eligible hours in accordance with paragraphs 4 to 6.

(2). There can not be granted operating grants to submit hours, which consists of sample photos, credits, with information, websites, text-tv, called info-channels and corresponding program activities or broadcast from fixed set cameras.

(3). There may be granted a maximum of operating grants for 3 hours weekly.

(4). The reimbursement for one hour of initial transmission shall be calculated on the basis of a points system according to the following model with regard to permits under section 4 (1):











 

 





Own-produced programs for the regional area





5







Own production from other regions






2







Other programs





1





 

 











(5). The reimbursement for one hour of initial transmission shall be calculated on the basis of a points system according to the following model with regard to permits under section 4 (2):











 

 





In-house productions





5







Other programs





1





 

 











(6). Can be financed for a tv-station reruns with up to five times the annual number of hours for first-time broadcasts. Grants for republication is granted with 25 percent of the score as initial transmission has obtained in accordance with paragraphs 4 and 5.

(7). At the initial transmission means broadcasts that have not previously been posted at the station or at another station in the permit area. Minor changes to a previously sent broadcast shall not mean that the broadcast is considered as initial transmission.

(8). Co-productions with other television stations be taken into account in calculating the eligible hours proportionally with the station's financial share.

§ 27. Radio-and tv-the Committee shall determine the allocation of grant funds between radio and tv area on the basis of the framework for the annual appropriation for the purpose of adding any repaid the grant amounts from previous years.

(2). The Radio and television Board fixed to the television area must be at least 50 per cent and a maximum of 70 per cent of the total appropriation, see. (1).

section 28. Radio and television Committee conducts an annual call for proposals with a view to the award of grants.

section 29. Grant applications must include an indication of the planned number of reimbursable hours broken down in section 26, paragraphs 4 to 6, said program types.

section 30. It announced annual operating grant is a maximum amount that is calculated on the basis of the information provided at the time of application. There can thus be no subsequent upregulation of the operating grant if the station extends its air time, or if the station's actual realized number of reimbursable hours broken down in section 26, paragraphs 4 to 6, the said application types may result from a greater subsidy.

(2). In connection with reporting for the grant year station as part of the financial statements must mail a broadcast schedule with information about the actually realized send hours, the station has broadcast in the grant year, including information about the actual realized distribution of broadcasting hours in terms of the section 26, paragraphs 4 to 6, said program types. Radio and television Board may then make an adjustment of the financial contribution referred to in article 6. (1).

section 31. Radio and television Board may on application allow, to a station that receives operating grants in accordance with the radio and television law, interrupts the program's premises for a period of time, for example during the summer holidays. The station is not eligible for operating grants in the period in which the program operator is interrupted.

section 32. A television station operating grants may not exceed, as the station's actual annual operating expenses for the year in question. Where the total operating grant exceeds the operating costs, the excess operating grant be refunded.

(2). Operating subsidy aims to contribute to the financing of the station's operating expenses, including to send spending and program production.

(3). Wage costs funded by the grant must not exceed the level of the governmental agreements for a similar work.

(4). Operating grant can be used for the purchase of equipment necessary for the production of the station's programs. The purchase price shall not exceed the market price. Equipment can be amortized over the expected years of life or expensed in full in the year of acquisition. Equipment that is purchased by the grant from the Radio and television Board, is the station's own and must be purchased in the station's name.

section 33. Undertakings shall lapse, and disbursed grants may under section 92 (a), paragraph 3, of the law on radio and television company recovered in cases where the beneficiary does not qualify for the subsidy, or fail to implement the assumed program activities.

(2). Paragraph 1 shall apply mutatis mutandis, if not delivered a complete, signed accounts, or if the period for the submission of accounts are not complied with.

§ 34. Violation of rules may grant pursuant to section 50 (1) (8). 1, of the law on the airwaves, where the offence is serious, or the infringements are often repeated, result in a temporary or definitive withdrawal of the permit application.

Chapter 8

Accountability, etc.

section 35. Depending on the station's size must be organised a bookkeeping, which continuously and safely gives an overview of the station's financial position and grant application. Posting must be carried out continuously through the year.

(2). If the allowance is paid to a consent holder, there is a single person, or which have activities other than local program activities, the station operated as a separate accounting entity separate from any other activities.

§ 36. The posting must be organised in such a way that there are clear correlations between the individual transactions and accounts.

section 37. Accounting data must be stored securely and available for at least five years from the end of the fiscal year, the material concerns. The five-year rule consists also in the case of the station's closure. In the event that station closes, is the last incumbent management responsible for their storage.

section 38. Accounting data can be stored electronically, but must at all times be able to be printed in the text.

§ 39. Stations, receiving an operating grant from the Radio and television Board, must submit financial statements for the station.

(2). Stations that receive an operating grant shall keep the first-time broadcasts, which have formed the basis for the calculation of the grant until the annual accounts for the year in question is approved by the Radio and television Board. The stations must also, during the same period, keep listings of broadcast programs.

§ 40. The annual accounts shall give a true and fair view of the station's assets, liabilities, financial position and profit or loss. Such records shall include the entire station's business.

(2). Grants received from the Radio and television Board to be presented separately by the financial statements. This includes both received grants receivable grants relating to the financial year. Other income and expenses shall be specified in such a way that the income statement presented in manageable form. Depreciation and interest income and expenses must be disclosed separately.

(3). Financial statement balance should include a reliable and orderly overview of station's assets and liabilities. As regards own funds shall be the subject of legend, where equity capital movements shall be specified in the main entries.

Chapter 9

Auditing of accounts

Operating grants under 100,000 USD.

§ 41. For a total operating grants of less than 100,000 DKK must not perform audits. A financial statement signed by the station's overall direction is sufficient. With his signature stand management inside of that subsidy is used sparingly for this purpose.

Operating grants between 100,000 and 500,000 DKK kr.

§ 42. For a total operating grants at between 100,000 and 500,000 DKK DKK revision must be carried out in accordance with the rules laid down in §§ 43-47. The review can be carried out by a non-qualified accountant. The auditor must, however, meet the ordinary requirements, i.e. a dividing line. auditor must be personal, family and financially independent of the station and its management.

section 43. The auditor should review whether the accounts are true, IE. without significant errors and deficiencies, the grant conditions are met and whether the grant is used sparingly for this purpose.

§ 44. The station's management must give the auditor the information that must be considered of importance for the assessment of accounts. Management must give the Auditor General access to carry out the studies that consider necessary, and shall ensure that the auditor will have the information and the assistance the Auditor considers as necessary for the performance of his duties.

§ 45. Becomes auditor aware of offences or breaches of regulations of major importance in connection with the grant funds management is the responsibility of the auditor immediately giving notice of and the station to ensure that management within three weeks provides Radio and television Board thereof. Otherwise, it is the auditor's duty to inform Radio and television Board. Auditor's comments are submitted together with the notice.

§ 46. section 45 shall apply mutatis mutandis, if the Auditor during his audit or otherwise becomes aware that the station's continued operation is uncertain for economic or other reasons.

§ 47. The auditor shall provide the audited financial statement with an audit report. Reservations and additional information must be indicated in the endorsement.

Operating grants on 500,000 DKK equal to or greater than


section 48. For a total operating grants on 500,000 DKK or above must be carried out audit in accordance with the rules laid down in §§ 44-46 and §§ 49-55. The revision is carried out by a chartered or certified accountant or municipal audit bodies.

(2). In the event of a change of Auditor to the incoming auditor contact the outgoing auditor has a duty to disclose the reasons for termination of employment.

§ 49. The review must be carried out in accordance with good public audit practice, as that term is defined in section 3 of the Act on the audit of State accounts, etc. (lovbekendtgørelse nr. 3 of 7 January 1997) and specified in paragraph 2.

(2). By the audit verified whether the accounts are true, and whether the transactions are subject to the reporting, are in accordance with appropriations, laws and other regulations announced as well as agreements concluded and usual practice. In addition, an assessment is made of whether or not they have been taken into account in the management of economic reimbursement owed funds and in the operation of the station, which is covered by the financial statements.

§ 50. The scope of the audit depends on the station's administrative structure and business processes, including the internal control and other matters of significance for financial reporting.

§ 51. Usually carried out audits during the year. As part of the review examines the auditor the existing business processes, including business corridors regarding registration of grant operative factors, in order to verify whether the internal control is reassuring. In addition to the statutory auditor performs audits as necessary substantive testing. The audit performed basically by sample surveys show. Unclaimed cash and inventory overhaul included in the review.

(2). In the final review to ensure that the financial statements are drawn up in accordance with the rules laid down in this notice, and that it does not contain substantive errors or missing, and about the transactions that are the subject of financial reporting is in accordance with appropriations, laws and other regulations announced as well as agreements concluded and usual practice.

(3). In the management audit examines whether there are taken into account by the station's management economic guilty. The revision is carried out on the basis of the station's reporting to the grant provider about the objectives and results achieved, as well as on the economy, efficiency and effectiveness.

§ 52. The auditor shall provide the audited financial statement with a statement of endorsement, which shall indicate that the accounts have been revised in accordance with the rules set out in this notice. Reservations and additional information must be indicated in the endorsement.

(2). The auditor shall report on the audit work performed, including the auditor's assessment and conclusion on the station's statement about the fulfilment of the stated performance requirements.

(3). The report is issued in a separate audit Protocol. In the Protocol should there be information on the audit work carried out and its outcome, as well as of significant uncertainty, errors or omissions relating to the station's bookkeeping, accounting or internal control.

(4). The auditor must also give an account of the management audit carried out. In particular, be informed of the auditor's study and evaluation of and conclusions on the economy, efficiency and effectiveness, as well as on operations outside the station's purpose.

§ 53. It must be in the minutes to the financial statements disclosed, whether the law complies with the financial regulations, whether the statutory auditor statutory auditor during the audit has received all of the information requested, and whether the review has given rise to comments as to whether the grant is applied in accordance with the stated terms, and whether the review has given rise to comments as to whether the refund and reimbursement basis are calculated in accordance with the applicable rules.

(2). In addition, the information shall be entered on the special audit book reports or statements, the submission of special reports, advice and assistance.

§ 54. The annual accounts shall be endorsed by the station's overall management, as also by their signature on the auditor's minutes confirm that they have read the audit of the hearing.

(2). Copy of the endorsed audit minutes are submitted together with the endorsed annual financial statements to the Radio and television Board within three months after the end of the fiscal year.

Chapter 10

Second

§ 55. Send work together are obliged to notify Radio and tv Board information, disclose the documents, etc., and to provide written statements, as required by the Board. The Board may fix a time limit for the submission of information, etc.

Chapter 11

Date of entry into force of

section 56. The notice shall enter into force on the 21. September 2009.
The Ministry of culture, the 17. September 2009 Carina Christensen/Lars m. Knock Annex 1

Broadcast of regional TV 2-corporate news broadcasts pursuant to section 7, paragraph 1.

It is clear from section 7 (1), to program activities in MUX 1 in accordance with the Radio and television Board's permissions can be exercised every day during the period at. 21:00 to 17:00, whilst not exercise program business in TV/MIDT-vest's area in the period during which the TV/MIDT-VEST sends out news broadcasts from TV 2/NORD, or to TV Celso area in the period during which the TV broadcast news broadcasts from SOUTH TV 2/ØSTJYLLAND.

These hours are as follows:

On Mondays, Tuesdays, Wednesdays, Thursdays and Fridays and Sundays it broadcasts TV 2/Mid West at. 22:00-22:30 TV 2/Nord's main news release (VNR) from that same evening, IE. the who has been broadcast by TV 2/NORD at. 19:30-20:00.

On Saturdays it broadcasts TV2/mid West at. 22:00-22:15 TV 2/Nord's main news release (VNR) from that same evening, IE. the who has been broadcast by TV 2/NORD at. 19:30-19:45.

On Mondays, Tuesdays, Wednesdays, Thursdays and Fridays and Sundays it broadcasts TV SOUTH at. 22:00-22:30 TV 2/East Jutland's main news release (VNR) from that same evening, IE. the who has been broadcast by TV 2/ØSTJYLLAND kl. 19:30-20:00.

On Saturdays it broadcasts TV SOUTH at. 22:00-22:15 TV 2/East Jutland's main news release (VNR) from that same evening, IE. the who has been seconded by the EAST at. 19:30-19:45.
Annex 2

Definition of European works

1. in the case of European applications, for the purposes of this Ordinance:




1) works originating in the Member States of the European Community,

2) works originating in European third countries which are parties to the Council of Europe adopted the European Convention on Transfrontier Television, which meet the conditions laid down in point 2,

3) works originating in European third States which meet the conditions laid down in point 3,

4) the application of the provisions of no. 2 and 3 are conditional on works originating in Member States not subjected to discriminatory measures in the third countries concerned.



2. In section 1, nr. 1 and 2, referred to programs is such that is produced mainly during with authors and workers residing in one or more of the States referred to in the same paragraph, nr. 1 and 2, when one of the following three conditions are met:




1) they are made by one or more producers established in one or more of those States,

2) production of programmes monitored and effectively controlled by one or more producers established in one or more of those States,

3) co-producers of those States to the total co-production costs is preponderant and the co-production is not controlled by one or more producers established outside those States.



3. In section 1, nr. 3, referred to programs are either produced in co-production with producers established in one or more Member States, or produced independently by producers established in one or more European third countries with which the community has concluded agreements including the audiovisual sector, if they are mainly manufactured under with authors and workers residing in one or more European States.

4. Applications that are not European works within the meaning of paragraph 1 but that are produced within the framework of bilateral co-production agreements between Member States and third countries, be considered to be European works provided that the majority of the total production cost incurred by the contribution of co-producers of the community, and if the production is not controlled by one or more producers established outside the territory of the Member States.

5. Applications that are not European works within the meaning of paragraphs 1 and 4, but made mainly with authors during and workers residing in one or more Member States, shall be considered to be European works to an extent corresponding to the proportion of the total cost of production of the contribution of Community co-producers has held.
Annex 3

Proposal for a statute for send work together











§ 1 Name, registered office and purpose

(1). The Association's name is (2). has home and work referred to in paragraph 3. s purpose is to carry out joint Affairs for television stations, who have permission from the Radio and television Board to broadcast television in pursuant to bekendtgørelse nr. XXX of xx. June 2009 on non-commercial tv in MUX 1.





 

 





§ 2 Member relationship


(1). All broadcasters who have permission from the Radio and television Board to broadcast television in pursuant to bekendtgørelse nr. XXX of xx. June 2009 on non-commercial tv in MUX 1, have the right and obligation to be members of the Association, see. However, § 3.





 

 





§ 3 Exclusion

(1). The Governing Board may expel a member station, if the station does not comply with agreements on the broadcast distribution or if the station fail to fulfil his payment obligations or otherwise materially breaches its obligations opposite send synergy.

(2). If there is disagreement about whatsoever, this in accordance with paragraph 10, paragraph 15, could be brought before the Radio and television Board.





 

 





§ 4 General Assembly

(1). The General Assembly is the Association's highest authority. The annual general meeting held each year before 1 October. may and convened with at least 14 days notice by written request.

(2). An extraordinary general meeting may be convened by its Chairman, three members of the Board of Directors, or if at least half of the members shall make proposals to that effect.

(3). Agenda for the annual general meeting shall contain at least the following points:

1. choice of conductor and referent.

2. Board of Directors ' report and the approval thereof.

3. The company's submission and approval thereof.

4. Received proposals.

5. The budget submission and approval thereof.

6. The fixing of quotas.

7. Election of the Board of Directors and alternates.

8. election of Auditor.

9. If necessary.

(4). There can not be decided on proposals that have not been on the agenda.

Proposal for paragraph 3, nr. 4 must be the Board not later than the 7 days prior to the general meeting.

(5). Right to vote at general meetings, member stations, which do not have overdue debts to the Association.





 

 





§ 5 the Board of Directors

(1). The Board consists of five persons, of which 2 are elected in odd-numbered years, and 3 are elected in even years. The first time, the Management Board shall be elected for a maximum number of votes for the elected candidates shall be deemed to be for the longest period of time.

(2). The Board of Directors constitutes itself with the President, Vice-President, Treasurer and Secretary.

(3). The Board is responsible to the general Assembly.

(4) the Board shall ensure that the Association carry out their tasks, see. in particular §§ 6-9.





 

 





§ 6 the Association's tasks concerning the distribution of minimum air time

(1). Members shall, in accordance with the Broadcasting Board's priorities by program permissions agreement distribution of minimum sendetiden, who according to the permission of the Radio and television Board is assigned to individual members. In the distribution of minimum sendetiden, members must as far as possible take into account requests for location of airtime, which is justified by the planned program content and target groups of the programme activity, see. the Tribunal issued by permission.





 

 





§ 7 the Association's tasks concerning the distribution of other prime time

(1). After there has been the distribution of minimum air time, the association with a time limit of not less than 1 month publicly invite the local regional TV 2-business and application permission holders as referred to under paragraph 2.1. ii) and (iv)) to declare interest to use the remaining time remaining after the Association has spread and placed air time allocated by the Radio and television Board.

(2). The rest of the broadcasting time is allocated according to the following guidelines among any holders of temporary permits, as well as other stations, in accordance with paragraph 1 of this article has reviewed the interest to use the rest of the airtime:

1. The distribution of the rest of the airtime, the following priority order followed:







in)





Holders of temporary permits issued to the region concerned programme/it country-wide send tapes.







(ii))





Members of send the synergy







(iii))





The local regional TV 2-company







(iv))





Other holders of the program permits to MUX 1







2. for the allocation of broadcasting time should be criminalized, the Association shall endeavour to achieve versatile program activities for topics and target groups. The Association must, however, always with 3 months notice submit other broadcasting time for holders of temporary permits issued for the region concerned/the nationwide transmission tapes.

(3). The Association determines the duration of the distribution of the rest of the airtime, given temporary permits in accordance with paragraph 3, paragraph 3, have a maximum duration of 1 month. In accordance with paragraph 3, paragraph 4, the Radio and television Board (in connection with the provision of broadcasting time) with 3 months ' notice withdraw the remaining air time.



 



 

 

 





§ 8 duty of disclosure

(1). The Association has a duty to disclose the applicable at any time the allocation of broadcasting time, contact information on members and on other stations, which according to § 7 sends in that region/the nationwide transmission bands, as well as the procedure for the administration of other air time on an internet site or in any other similar way.



 



 

 

 





§ 9 the Association's tasks concerning signal delivery to broadcast in MUX 1

(1). The Association is obliged to coordinate deliveries from members and other signal stations, which according to § 7 sends in the region concerned for a total signal delivered to the local regional TV 2-company.

(2). For the nationwide transmission cooperation, individual members and other stations, which according to § 7 sends on the nationwide transmission tapes are required to deliver their message to a regional TV 2-company, and that the Association is obligated to inform the I/S DIGI-TV and all the regional TV 2-enterprises on the allocation of broadcasting time on the nationwide transmission bands determined at member stations , times and respective regional TV 2-companies, since the conduct must not impose on the regional TV 2-companies significant disadvantage.



 



 

 

 





§ 10 Economy

(1). s fiscal year follows the calendar year.

(2). The accounts shall be audited by the auditors elected at the general meeting.

(3). Audited accounts for the previous year and the budget for the following year shall be made available no later than 14 days before the general meeting in order that the member stations can review this before it must be approved.

(4). The Association will charge among members and other stations, which according to § 7 sends in that region/the nationwide transmission tapes, payment for broadcast programs and make total payment for I/S DIGI-TV.

(5). Members of the Association shall be liable without prejudice. paragraph 11, paragraph 12, jointly and severally liable for the payment, agreed with I/S DIGI-TV. In addition, the Association shall be liable alone with his fortune.

(6). The Board of Directors may grant power of procuration within a specified amount. However, not relating to the purchase of real estate or mortgaging them.



 



 

 

 





section 11 Tegningsret

(1). The Association signed by the President and the Vice-President of the Association, or by four members of the Board of Directors of the Association.



 



 

 

 





§ 12 modification of statutes

(1). Amendment of the articles can be made at the general meeting, when proposals are advised in the meeting request, and if at least 2/3 of the attendees voting voting in favour.


(2). Amendments shall be communicated to the Radio and television Board, since amendments to the provisions of §§ 2-3, §§ 6-9, and article 10, paragraphs 4 and 5, article 12, paragraph 2, and section 13, paragraph 2, in accordance with paragraph 11, paragraph 14, can only happen with approval from the Radio and television Board.



 



 

 

 





§ 13 Dissolution

(1). Resolution on dissolution of the Association must be taken by the Board of Directors

and approved at a general Assembly with at least 2/3 of the attendees votes.

(2). Resolution to be valid must be approved by the Radio and television Board.

(3). In the event of dissolution is the property of the Association's funds and equipment, cultural or charitable purposes.



 







Official notes 1) Executive order perpetuating provisions implementing parts of a European Parliament and Council Directive 97/36/EC of 30. June 1997 amending Council Directive 89/552/EEC on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the pursuit of television broadcasting activities (Official Journal of the European communities 1997 nr. L 202 s. 60).