On December 22, 2015, the CCA received the approach f/No. of 16 December 2015 of SMG Moviel Limited "informs that on 21 January 2013, between" Limited "and SMG Moviel" Selectcanal TV "SRL in Moldova, nr contract has been concluded. 21/01/13-TV on transmission of copyright on 92 of audio-visual works for television station "N4". The petitioner may argue that, contrary to the provisions of the contract No. 21/01/13-TV, the tv station broadcast "N4" several films and has exceeded the time limit set out in the contract concluded by "Limited" and SMG Moviel "Selectcanal TV".
From 23 December 2015, public association "National Association for the protection of Intellectual Creation", through letter No. 28/12-15 of 23.12.2015, notified the CCA with reference to the same exemptions from the company "Selectcanal" Ltd.
On December 29, 2015, by decision No. 44/222, the CCA took note of complaints of "SMG Moviel Limited" and public association "National Association for the protection of Intellectual Creation" in reference to the copyright violation from the dissemination of audiovisual works and ordered the tv station "N4" to submit, within 3 days from the date of bringing to their attention the decision, legal (contracts agreements) on audiovisual works named in complaints.
By letter No. 9 January 5, 2016, the ACC referred the decision No. 44/222 of 29.12.2015 company "Selectcanal" LTD. for execution, which was inaugurated on 11 January 2016. Because the company "Selectcanal" LTD has not responded to the request by the CCA and have not complied with this decision, by decision No. 3/18 of 11 February 2016 CCA applied public warning of "Selectcanal" LLC, founder of television station "N4", for transmission service with breach of license series AA nr. 082882 from 18.05.2011 (derogations from point 3.1 lit. (n) of the license conditions, art. 25 para. (1) (a). l) and 37 para. (2) of the broadcasting code), in accordance with art. 38 para. (2) (a). b) and para. (3) (a). the broadcasting code).
At the same time, the CCA has forced tv station "N4" to submit, within 3 days from the date of the decision in order to make an informed, evidence of legal (contracts, agreements) of audiovisual works named in complaints examined by the CCA Decision nr. 44/222 of 29.12.2015.
By letter No. 96 from 18.02.2016, CCA submitted decision No. 3/18 from 11.02.2016 towards knowledge and execution. Addressing was received on 19 February 2016, and up to the 24th of February it is found that the broadcaster has not been complied with the request by the Bcc and not completed Decisions No. 3/18 of 11.02.2016 and nr. 44/222 of 29.12.2015.
It should be mentioned that the CCA Decision nr. 3/18 of 11.02.2016 was published in the Official Gazette of the Republic of Moldova nr. 38-42 of the 19.02.2016.
In this sense, information requested by non-Bcc, "Selectcanal TV" admitted derogations from the provisions of point 3.1. of the conditions to the licence for broadcasting the series AA nr. 082882 from 18.05.2011, which provides that the broadcaster is obliged:-lit. a): to comply strictly with the broadcasting code, decisions, regulations and directions of the audiovisual Coordinating Council;
-lit. n): to comply with requests from the electronic media watchdog CCA to present information about its work and the regulations drawn up by it.
During the meeting, the representative of the public company "Selectcanal" LTD., noted that the issue of respect for copyright, related rights and the enforcement of sanctions for non-compliance with these duties do not fall within the competences of the electronic media watchdog CCA. In reply, explained BCC members that the broadcaster was previously sanctioned for failure to submit the requested information within the legal limits by the Bcc and not for infringement of copyright and related rights.
As a result of the public examination of the documents received, pursuant to the provisions of the broadcasting code no. from 260 of the code of administrative offences is supervised, nr. 218 from 24.10.2008, of law No. 139 from 02.07.2010 on copyright and related rights and of the CCA, approved by Decision No. 433 from 28.12.2006 the Moldovan audiovisual Coordinating Council DECIDES: 1. To apply a fine worth $ 3600 company "Selectcanal" Ltd, founder of TV channel "N4", for transmission services with breach of license series AA nr. 082882 from 18.05.2011 (derogations from point 3.1 a) and n) of the licence conditions, art. 25 para. (1) (a). l) and 37 para. (2) of the broadcasting code, failure to comply with decisions of the CCA No. 44/222 of 29 December 2015 and nr. 3/18 of 11 February 2016), in accordance with art. 38 para. (2) (a). b) and para. (3) (a). b) of broadcasting code (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, born DAMASCUS, c. MÎŢU and d. VALENTINI).
2. In accordance with the provisions of art. 38 para. (8) of the broadcasting code and decision No. APPROX. 17.10.2008 from 96 at the time of bringing to their attention (receipt by registered mail of the decision), the tv station "N4" will execute this decision will remove certificates and waivers will communicate to the public the reasons for and the purpose of the penalty, in the formulation of the legislation in force.
3. To oblige the company "Selectcanal" Ltd, founder of TV channel "N4" to submit, within 3 days from the date of bringing the knowledge of the present decision, legal (contracts, agreements) of audiovisual works named in complaints examined by the CCA Decision nr. 44/222 of 29.12.2015.
4. control of the execution of this decision, it shall exercise general direction, approval and monitoring licensing.
5. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.

CCA BOARD CHAIRMAN Dinu CIOCAN