With Regard To The Examination Of Some Preliminary Applications

Original Language Title: cu privire la examinarea unor cereri prealabile

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967709/cu-privire-la-examinarea-unor-cereri-prealabile.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
    I. on 22 October 2015, the audiovisual Coordinating Council has adopted decision No. 36/179, which applied a fine worth 5400 lei "Megatrafic" Ltd., founder of TV Studio "Mark" in the Chisinau municipality. Chisinau, according to art. 38 para. (2) (a). (e)), para. (3) (a). b) of broadcasting code, for repeated derogations in article 17. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for issuing licences and permits relay and failure to comply with point 1.4, 2.2, 3.1, lit. (b) the retransmission consent series AB nr. 21.12.2012 000171 from awarded "MEGATRAFIC" Ltd.
By that decision, it was found that "MEGATRAFIC" LLC (founder of TV Studio "Mark" in the Chisinau municipality. Chisinau) do not meet the conditions of the Authorization relay series AB nr. 000171 from 21.12.2012 (annex 1). Namely:-offer services programs approved are not retransmitted 9 TV stations: Карусель Дом кино, ТВ, TV XXI, Cartoon Network, 24, Феникс Техно + Кино, ТВ, Україна УТР Беларусь and Мир ТВ;
-outside of the offer are retransmitted 6 TV channels: Channel Realitatea TV Moldova, Regional, at home in Moldova, Moldovan sports, MBC and Reindeer country.
Earlier, by the decision of BCC nr. 30/140 from 22.07.2015, the enterprise "MEGATRAFIC" has been applied to public warning for restriction of access to its employees at the CCA in order to assess the offer stations retransmitted.
On 23 November, 2010, CCA received the request to "Megatrafic", by which he requested: "review of point 1 of decision No. 36/179 of 22.10.2015 by applying public alert or reducing the size of the fine ".
In the prior application, "Megatrafic" LLC noted that "on the date of 22.10.2015 has come to the CCA meeting late, at 10:20 p.m., as were traffic jams. Thus, it has not had the opportunity to expose the reasons for discrepancies between stations retransmitted with the supply tender services programs approved by the CCA ".
The petitioner may argue that "the reason of discrepancy between the bid with the programs retransmitted is due to human mistake ... I force responsible for complying with the channel list with the existing offer and to pay more attention to the interaction about the future ".
Examining the request prior to the company "Megatrafic" Ltd, co-ordinating Council of audiovisual unreliability and finds its neargumentarea request invoked. Thus, it is established that the contested decision was adopted in strict conformity with the provisions of the broadcasting code, and the grounds for revocation were not submitted.
II. On 17 November 2015, the audiovisual Coordinating Council has adopted decision No. 39/195, which applied to public warning "Rebdacons" Ltd., founder of TV Studio "Rise-TV" in three Saints, Straseni, in accordance with art. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code), for derogations from article. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for issuing licences and permits relay and failure to comply with point 1.4, 2.2, 3.1, lit. (b) the retransmission consent series AB nr. 000137 from 25.03.2011, released "Rebdacons".
By that decision, it was found that "REBDACONS" S.R.L. (founder of TV Studio "Rise-TV" in three Saints, Straseni) does not comply with the conditions of the authorization for retransmission series AB nr. 000137 from 25.03.2011 (annex 1). Namely:-offer services programs approved are not retransmitted 7 TV channels: и Охота рыбалка, Euro TV, Мир ТВ, Animal Planet, TV Дом кино, Alt and Super TV;
-outside of the offer are retransmitted 8 TV: Kanal D, Vocea Basarabiei НТВ Плюс, Кинохит, reality TV, Channel, Boomerang, TV 1000 RK and Fishing & Hunting.
On November 25, 2015, the CCA received prior request no. 01 from 23.11.2015 company, Rebdacons LLC, which has applied for: "review of CCA's decision nr. 39/195 on the way for the implementation of the provisions of the laws in force and of the conditions of the authorization, by which I was warned the public to disregard the list of approved channels in the tender ".
In a prior request, Rebdacons LLC noted that "an explanation of the changes is:" ALT "and" EURO TV "due to lack of source signals have been replaced with other national positions" Vocea Basarabiei "and" reality "TV." MIR TV "was substituted with" Regional "Channel" Okhota i Rybalka "was changed to" Fishing "," Hunt & Dom Kino '-' TV 1000RK ". "Super TV" due to lack of popularity, has been replaced with "Boomerang TV channel", which is strongly requested. "Animal Planet", because we have the same channel list, namely NGW, was changed to "KanalD".
The petitioner may claims: "with all the above posts were signed agreements, which of course we do not allow relaying, but at the same time, we believe that the violation that has been manifested through the CCA neînştiinţarea about changes is not grounds for sanction public warning."
Prior to examining the request of SC, LLC, Rebdacons, CCA finds its unreliability and neargumentarea requests invoked. It is established that the CCA Decision nr. 39/195 of 17 November 2015 was adopted in strict conformity with the provisions of the broadcasting code, and the grounds for the annulment of the contested decision were not submitted by the petitioner.
As a result of public examination of requests, pursuant to the provisions of the broadcasting code no. 260 from supervised administrative courts, law No. 10.02.2000 793 and status from the CCA, approved by Decision No. 433 from 28.12.2006 the Moldovan audiovisual Coordinating Council

DECIDES: 1. To reject the request for prior f/No. from 23.11.2015 of SC "Megatrafic" SRL on the annulment of the decision by ABOUT nr. 36/179 of 22.10.2015 (PRO-(8)-HAMMER, o. BARBALATA, Iu. CARLSON, B. DAMASCUS, O. GUŢUŢUI, C. MÎŢU, M. OBI-HADIRCA, D. VALENTINO).
2. To reject the request for prior No. 01 from 25.11.2015 of SC, Rebdacons LLC, on reviewing the CCA Decision nr. 39/195 of 17.11.2015 (PRO-(4)-HAMMER, o. BARBALATA, Iu. CARLSON, D. VALENTINO; CONS-(4)-born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA).
3. control of the execution of this decision, it shall exercise Direction and legal regulations.
4. 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