On The Examination Of A Request Of The Ministry Of Information Technology And Communications

Original Language Title: cu privire la examinarea sesizării Ministerului Tehnologiei Informaţiei şi Comunicaţiilor

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on the examination of a request of the Ministry of Information and Communication Technology



Posted: 01/04/2016
in the Official Gazette

Nr. 79-89
Article Number: 477

By letter no. 01/77 of 26/01/2016, the Ministry of Information Technology and Communications (MITC) Broadcasting Coordinating Council informed that the monitoring by SE "National Radio Frequency Center" radio spectrum has been fixed in ether lack of terrestrial radio broadcasting stations for a period of time longer than 45 days:
70.46 MHz - Calarasi, licensee SC "ML-COM" LLC, founder of the radio station "FM Triumph"; 87.8 MHz - Causeni 90.4 MHZ - Vadul lui Voda, 92.0 MHz - Balti, 107.6 MHz - Hînceşti licensee AO "Info-Mingir", founder of the radio station "Radio National FM"; 88.8 MHz - Vulcăneşti, licensee "GAMBLING MEDIA" LLC, founder of the radio station "Cheers"; 95 9 MHz - Proteagailovca, licensee "DIALOG-PERFORM" LLC, founder of the radio station "FM Dialog"; 101.1 MHz - Proteagailovca, licensee "HIT RADIO" LLC, founder of the radio station "HIT FM"; 101.8 MHz - Glodeni, licensee SC "RADIO-RBS" SRL, founder of the radio station "Radio Style / Стильное Радио" 101.9 MHz - Rezina, 106.7 MHz - Vulcăneşti, 102.6 MHz - Briceni, 106.4 MHz - Edinet licensee Î.M. "National Media" LLC, founder of the radio station "FRESH FM".
Pursuant to Art. 37 para. (2) and art. 38 para. (7) of the Broadcasting Code, as well as to objective examination of all the circumstances before them, the Broadcasting Coordinating Council sent to all broadcasters concerned registered letter no. 50 of 29 January 2016, which requested to submit in writing within 5 days stipulated in the opinion on the notification of the Ministry of Information Technology and Communications of the Republic of Moldova.
SC "ML-COM" SRL received the letter CCA 03.02.2016. By letter no. 03 of 02/08/2016, Margaret Lisanova, manager of the company, informed the Council about the temporary suspension of radio station "FM Triumph" in relation to technical problems. Resuming broadcasting, SC "ML-COM" SRL will inform further CCA but not exposed to MITC opinion on the complaint.
AO "Info-Mingir" CCA received the letter from 02.02.2016. By letter no. 13 of February 8, 2016, Vitalie Selaru, president of the association, told the Council that the service stop running programs for more than 45 days is technical. AO "Info-Mingir" take all actions to restart work on the frequencies listed in the annex to the letter MTIC no. 01/77 of 26 January 2016. Negotiations collaboration with SA "Moldtelecom" on the allocation of five static IP in order to activate ended with the maximum of 20 working days the radio station "Radio National FM" will resume work the data frequencies.
"GAMBLING MEDIA" LLC received the letter CCA 02.01.2016. By letter no. 09 of 05/02/2016, Artur Bînzaru, administrator of the enterprise, informed the Council that station Radio "CHANCE" on frequency 88.8 MHz - Vulcăneşti recently went out of operation because of technical faults. Given the adverse weather conditions and that the equipment is at a height of about 100 meters from the ground, where strong wind is always present, repairs were not carried out. Finally, this resulted in exceeding the 45-day cease broadcasting station "LUCK". The administrator also says that work of this nature can only be performed by authorized persons, which is currently not available in the company and the people that called not currently possible to work in such conditions.
"DIALOG-PERFORM" SRL received the letter CCA 02.02.2016. By letter f / No. 5 February 2016 Nina Miron, the company's director, told the Council that broadcast the program service terminated for technical reasons, namely radiant system failure and lack of detail required for the repair. Details have been purchased and will be installed and restarted work station within 5 working days.

"HIT RADIO" SRL received the letter CCA 02.01.2016. By letter no. 11/32 of 1 February 2016 Dan Lozovan, administrator of the enterprise, to the Board that the information submitted by the Ministry of Information Technology and Communications to cease broadcasting radio station "HIT FM" 101.1 MHz frequency - Proteagailovca not fully correspond to the truth .
The town Proteagailovca, broadcasting equipment is installed on pillar belonging SE "Radio", but electricity is taken from JSC "Orange Moldova". Lately, the voltage of the electricity supplied to equipment often leads to the transmitter automatically disconnected. Given that the pillar is in the field and not under human supervision, there is the opportunity to start immediately emitter. With the failure detection engineer - an employee of the company, and includes moving the location transmitter. Administrator recognizes that there is a period of time the emission is not performed, but when you restart the transmitter, the broadcast starts. Dan Lozovan believes that monitoring by the State Enterprise "National Centre for Radio Frequencies" recorded the time periods in which broadcasting equipment was disconnected automatically, but a nonstop monitoring can be established that the emission was missing, in fact, for short periods of no more than a few days.
These "HIT RADIO" LLC is looking for a new place to take over the electricity for targeting equipment located in the locality Proteagailovca, thus ensuring continuous technical functionality radio station.
"HIT RADIO" SRL CCA respectfully requests not to apply administrative sanctions on the case reported as withdrawal emission was not done knowingly, but there were unforeseeable.
SC "RADIO-RBS" SRL received the letter CCA 01.02.2016. By letter no. 26/10 of 1 February 2016 Dan Lozovan, administrator of the enterprise, informed the Council that the interruption of the emission frequency 101.8 MHz - Glodeni was due to failure of one component of the antenna system. Defective item was sent to repair, but it was found that the damage is more serious and required replacing multiple antenna elements, which took more time than he forecast. In late January 2016, the antenna system has been refitted and started broadcasting. Currently, claims administrator, not registered abandonment emission frequency 101.8 MHz - Glodeni, program service of Radio "Radio Style / Стильное Радио" being broadcast continuously. Given the above, SC "RADIO-RBS" SRL calls CCA does not apply administrative penalty to the company as it undertakes not to admit cease broadcasting, and if the damage to the equipment of broadcasters to immediately notify CCA this fact.
I.m.. "National Media" LLC received the letter CCA 05.02.2016. By letter no. 1498 of 09/02/2016, Yulia Jesse manager of the company, told the Council the following:
During 2015 due to technical faults, radio station 106.7 MHz - Vulcăneşti was subject to several technical interventions. Thus, it was decided to replace worn out equipment. The new equipment is ordered and its delivery is expected. To install the new equipment will try to remedy the situation with existing equipment.
On inactivity broadcasting station 101.9 MHz - Rezina administrator informs that due to overcrowding source of energy received from the company "Orange Moldova", the station will be given as soon as possible to the source of electricity company "Moldelecom" SA
Regarding stations 102.6 MHz - 106.4 MHz Briceni - Edinet administrator informed that on April 3, 2015, the Broadcasting Coordinating Council issued Decision no. 8/45, whereby, pt. 2, was granted leave prior Î.M. "National Media" LLC in respect of the exclusion from the scope of activity of SC "White Tails" LLC (founder of the radio station "Radio Chişinău") frequencies above. To date the installation was carried out partially ground stations and will be placed on the tower and other equipment. The reason is both a delay in importing equipment, and in unfavorable conditions that did not allow completion.

In the context of the above, art. 27 para. (1) e) and d) of the Broadcasting Code stipulates: "The Broadcasting Coordinating Council may withdraw the broadcasting license only if: e) has ceased to broadcast the program service which has been licensed more than 45 days causes technical and more than 72 hours from any other cause; d) does not start broadcasting the program service of one year from the date of issue. "
Also para. (2) art. 27 states: "The Broadcasting Coordinating Council applied the broadcasting license in accordance with the procedure and manner prescribed by this Code and other legislative acts, only after exhausting other means of sanction under Article 38".
Considering the above, as a result of public debates in accordance with Art. 27, 38-41 of the Broadcasting Code no. 260-XVI from 27.07.2006, the Statute of CCA art. 27 of the Regulation on the procedure and conditions for issuing broadcasting licenses and retransmission authorizations approved by Decision no. 433-XVI from 28.12.2006 the Parliament of Moldova, the Broadcasting Coordinating Council

DECIDED:

1. A public alert SC "ML-COM" LLC, founder of the radio station "FM Triumph", for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) the broadcasting license Series AA no. 082 539 from 21.04.2011 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
2. A public alert AO "Info-Mingir", founder of the radio station "Radio National FM", for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) and q) of the broadcasting license Series AA no. 082 559 from 13.10.2009 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
March. A public alert undertaking "GAMBLING MEDIA" LLC, founder of the radio station "Cheers" for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) and q) of the broadcasting license Series AA no. 082 546 from 13.10.2009 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
4. A public alert company "DIALOG-PERFORM" LLC, founder of the radio station "FM Dialog", for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) and q) of Series AC broadcasting license no. 000026 from 10.04.2014 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
May. A public alert company "HIT RADIO" LLC, founder of the radio station "HIT FM", for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) and q) of Series AC broadcasting license no. 000037 from 25.09.2014 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
June. A public alert SC "RADIO-RBS" SRL, founder of the radio station "Radio Style / Стильное Радио" for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) and q) of Series AC broadcasting license no. 000 054 from 12.18.2014 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
July. A public alert Î.M. "National Media" LLC, founder of the radio station "FRESH FM", for derogations from Article. 27 para. (1) e) of the Broadcasting Code and section 3.1. lit. a) and q) of Series AC broadcasting license no. 000 030 from 13.10.2009 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (7) D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. and D. VICOL bribery).
August. Radio sanctioned within 5 days from the date of notification of this decision by letter, will resume broadcasting and will become law.
September. Control over execution of this Decision exercises Directorate licensing and authorization.
10. This Decision will be published in the Official Gazette of the Republic of Moldova on the website of the CCA.