Amendments To The Electronic Media Law

Original Language Title: Grozījumi Elektronisko plašsaziņas līdzekļu likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/46.1


The Saeima has adopted and the President promulgated the following laws: the law of electronic media to make the electronic media Act (Latvian journal 2010, nr. 118, 103, 144; 2011. no; 2012, 166. no; 2013, No 40) follows: 1. Article 1: Add to the article with a 12.1 point as follows: "121) pay tv — for a fee to have access to the electronic media's television program"; turn off the third sentence of paragraph 28; Replace paragraph 37, the word "Earth" with the word "Earth". 2. Replace article 3 of part 1 and paragraph 2, the word "Earth" with the word "Earth". 3. To make article 13 by the following: ' article 13. Electronic media distribution (1) State joint stock company "Latvian State radio and tv Centre" provides: 1) the electronic media radio program distribution in analog format, which does not have its own technical means of distribution. This provision does not apply to the kabeļradi and satellite radio; 2) in electronic media for the dissemination of radio programmes in the territory of the analog format; 3) public electronic media's television program, commercial national and regional media free television face-to-face dissemination throughout the national territory with the ground transmitters, conclude agreements with relevant national and regional electronic media; 4) end users the opportunity to sign up for the free reception of television programmes of disruption and prevent problems with broadcasting; 5) pay tv program distribution, article 72 of this law in the first part of the case in point. (2) the first subparagraph of point 3 and 5 tasks referred to in the national joint stock company "Latvian State radio and tv Centre" receives the radio spectrum usage rights public service Commission for the term for which the rights are granted to provide pay tv service in accordance with article 72 of this law referred to in the second subparagraph of the contest rules, and the grant of permission to use the frequencies tv streaming equipment installation and use the State joint stock company "electronic means" electronic communications law, and in accordance with their national frequency plan defined the radio spectrum band distribution of terrestrial digital tv broadcasting systems and international agreements binding on the broadcast. (3) State joint stock company "Latvian State radio and tv Centre" in the first paragraph of this article 3 in the case referred to in paragraph provides free of charge to end users of electronic media-made television programmes broadcast on the land, which included the national electronic media Council approved end-users free distributable programs list. Criteria for electronic media program for the inclusion of end users free distributable programs list determines the electronic media sector in the national strategy. This decision shall be adopted in accordance with the administrative procedure law. Appeal shall not suspend the decision action. Be published in the Official Gazette of the "journal". (4) the local electronic media that have been issued permission to broadcast television programs for distribution on, have the right to grant permission to use frequency and electronic communications shall be provided in accordance with the procedure prescribed by law for its distribution or use the communication operator of distribution services. (5) if the available frequency spectrum resource several local electronic media television program broadcasting digitally in one geographical area does not allow the individual frequency allocations, broadcast Award Contest terms and conditions included in the broadcasting licences for the common use of the transmitter. (6) for the end users free perceived national, regional and local electronic media television program or pay-television program broadcast on the Earth with Earth transmitters the electronic communications operator of the electronic media, which be charged tariff calculation methodology is determined by the Cabinet of Ministers. " 4. in article 15: replace the seventh paragraph, first and second sentence, the words "electronic communication" Directorate "with the words" electronic means ""; replace the seventh paragraph, the words "also free frequency allocations" by the words "also free frequency allocations"; Supplement to the eighth article as follows: "(8) State joint stock company" electronic communications ", setting the frequency allocations to local electronic media broadcasting of television programmes created, ensure that they do not limit the number of national and regional television networks, and does not violate international agreements on broadcasting." 5. in article 18: express the seventh subparagraph by the following: "(7) the electronic media, which broadcast permit issued by this law, in accordance with the procedure laid down in article 16, have the right to grant permission to use frequency and electronic communications shall be provided in accordance with the procedure prescribed by law of their distribution facilities pursuant to this law, article 13, second paragraph, or use the communication operator of the programme distribution services."; turn off the eighth name "program". 6. Article 19: Supplement to article 1.1 part as follows: "(11) local electronic media feature may not be rebroadcasting its television programs, which are broadcast or relay television terrestrial broadcast in national or regional electronic networks."; make the third paragraph as follows: "(3) if the retransmission is necessary frequency resource, retransmission licence are provided in article 16 of this law. Electronic media feature which licence issued to a retransmission of this law, in accordance with the procedure laid down in article 16, have the right to grant permission to use frequency and electronic communications shall be provided in accordance with the procedure prescribed by law of their distribution facilities pursuant to this law, article 13, second paragraph, or the use of electronic communications merchant program provided distribution services. " 7. Article 60: replace the first subparagraph of paragraph 10, the word "European" with the words "European". 8. the title of chapter XIV be expressed by the following: "chapter XIV. Pay tv service for terrestrial broadcasting ". 9. Make 72, 73, 74 and 75 of the article as follows: "article 72. Paid television service (1) pay tv services provide the tender chosen one electronic medium that offers the program of land distribution broadcasting digitally using the State joint stock company "Latvian State radio and tv Centre" services. The provisions of this chapter do not apply to local electronic media who have been granted a broadcasting licence for distributing television programs ground broadcasting digitally. (2) the invitation to tender shall be approved by the Cabinet of Ministers. The invitation to tender shall lay down the pay tv service provider of sliding, evaluation criteria, procedures for tenders, the term for which the rights are granted to provide pay tv service, a fee for the use of streaming network television program of the charge distribution on the progress of the competition and other issues. (3) the pay tv provider is determined by the Cabinet of Ministers created an Interinstitutional Commission consisting of representatives of the national included electronic media Council, Ministry of transport, Ministry of culture and the competition Council. The Statute of the Commission, approved by the Cabinet of Ministers. (4) in assessing the candidates pay tv service, take into account the experience in the provision of television programme end users, customer service availability in the country, the financial security and stability, service strategy, as well as other competition criteria laid down in the Statute. (5) the results of the contest shall be confirmed by a cabinet order. Cabinet order may appeal to the District Administrative Court of the administrative procedure law. Appeal shall not suspend the order transaction. 73. article. Pay tv service provider responsibilities and restrictions (1) pay tv services provided pursuant to this law, competition rules and the electronic media sector in national strategies. (2) the right to ensure that the pay television services may not be transferred to third parties. (3) providing the pay tv service, a pay tv service provides: 1) customers 24-hour service call center operation; 2) charge customer records, service and the requested delivery of the service in accordance with the commitments towards the user and stipulated in its retransmission authorisations; 3) television programs of national surrender signal company "Latvian State radio and tv Centre" for further distribution to the ground transmitters digitally in accordance with the conclusion of a contract. (4) the pay tv service so as to ensure the technological customers can continue to use the existing detection equipment. The introduction of new television technologies allow the use of other receiving equipment. (5) pay tv provider each year up to 30 June shall be submitted to a national electronic media Council information on pay tv service in compliance with the tender offer contained in the service provision strategy. (6) if the pay tv service provider plans to expand the geographical coverage of it until March 31 of the calendar year shall be submitted to the State joint stock company "Latvian State radio and television Centre", the request for an extension of the geographical coverage. The increase in fees associated with the provision of the said request and determined in accordance with the Cabinet of Ministers approved the methodology for calculating the tariffs shall be borne by the pay tv service provider. (7) the national electronic media Council monitors the provision of pay-television service in compliance with this law and the regulations of the competition. 74. article. Pay tv service provider cancellation rights conferred the Cabinet has the right to cancel the service of pay tv rights if: 1) pay tv service provider terminates its activities; 2) pay tv service provider does not comply with this law, the provisions of article 73 or contest the obligations contained in the Charter; 3) pay tv service provider does not comply with the tender offer in the service of the objectives of the strategy. 75. article. New pay tv service provider (1) if the Cabinet cancelled the pay tv provider right it granted to six months confirmed the contest chosen other pay tv service. (2) until the entry into force of the order of the Cabinet of Ministers on new pay tv service provider's approval, continue the current pay tv service provider. " 10. transitional provisions: 8: replace the numbers and the words "31 December 2013" with numbers and words "2015 30 June ' and the words ' with the" electronic communication "Directorate" with the words "with the State joint stock company" electronic communications "; to turn off the second sentence; Add to paragraph 11 with the following sentence: "Re-register previously received broadcast licences, the local electronic media feature broadcast permit shall include provision for the use of a common transmitter, if the available frequency spectrum resource several local electronic media television program broadcasting digitally in one geographical area does not allow the individual frequency allocation."; Add to paragraph 18, after the word "part" with numbers and words "(July 12, 2010 the law)"; transitional provisions be supplemented with 21, 22 and 23 of the following paragraph: "the Law Amendment 21 Article 13, on the expression of the new version of article 19 with the addition of part 1.1, as well as on article 18 and 19 of the seventh part of the third paragraph of article revision the new version shall enter into force on January 1, 2014. 22. Until 31 March 2013 the Cabinet issue 72. this law referred to in the second subparagraph of article contest on pay tv service provision regulation and referred to in the third subparagraph of the Interinstitutional Commission rules. 23. This law, 72, 73, 74 and 75. Article (a version which shall enter into force on 15 March 2013) does not extend to ground broadcast digitally and on providing the Cabinet approved merchant to 31 December 2013. For terrestrial broadcasting on 31 December 2013 applicable to this law, 72, 73, 74 and 75, the provisions of the article in the version in which they were in effect 14 March 2013. " 11. Make the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 7 March 2002, Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services (universal service directive); 2) of the European Parliament and of the Council of 25 November 2009. directive 2009/136/EC amending Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws; 3) of the European Parliament and of the Council of 10 March 2010 on the EU directive 2010/13/about to coordinate some of the laws, regulations and administrative provisions of the Member States provided for in the rules on audiovisual media services (audiovisual media services directive) ". The law shall enter into force on 15 March 2013. The Parliament adopted the law of 14 February 2013. The President of the Parliament instead of the President's Āboltiņ 2013 in Riga on March 6.