I. May 17, 2016, the audiovisual Coordinating Council has adopted decision No. 14/68, which warned the public institution of National public broadcasting company "Teleradio-Moldova", founder of the radio station "Radio Moldova", for transmission service with violation of point 3.1 lit. the emission licence) of the AC series nr. 000262 from 11.11.14 (failure to comply with article 7 of the broadcasting code), in accordance with article 5. 38 para. (2) (a). b), f) and paragraph 3. (3) (a). the broadcasting code).
On June 17, 2016, the CCA received prior to application IPNA "Teleradio-Moldova" No. 10/01-791, through which claims that does not agree with the sanction and requests the annulment of the decision of BCC in part pertaining to the finding of the infringement of art. 7 of the broadcasting code (chapter XIII of the decision) and warn the public of IPNA "Teleradio-Moldova", founder of the radio station "Radio Moldova" (points 2, 3 and 4 of the operative part of the decision of BCC No. 14/68 of May 17, 2016).
In opposition, the petitioner invokes the fact that: "the results of the monitoring of public broadcasting institutions-Moldova 1 and Radio Moldova" does not have attested to derogate from the provisions of article 7 of the Broadcasting Code.
The petitioner may assert that: "This causes bewilderment and probably constitutes a confusion, because the charges that I left insecure pluralism and political and social balance that allowed the generation of the emergence of a dominant position in the formation of public opinion clearly refers to para. (5) of article 7 of the broadcasting code. However, this paragraph is related to the concentration of property and does not attributable to the Organization, a fact also confirmed by the art. 38 para. (2) (a). f) of the broadcasting code, mentioned in paragraph 2, the decision of BCC, as a basis for sanction: transmission services, which consequently leads to violation of art. 6, art. 7 para. (2) to (4) and paragraph 1. (3) (a). ) '.
In a prior request, IPNA "Teleradio-Moldova" notes: "cannot be regarded as a derogation from the provisions of art. 7 of the audiovisual Code that, in the first weeks after the appointment of the Executive, the Government took the share of 54% reflective of the total volume of the subjects within the principal policy reflect newsletter of public television Moldova 1 "and 48% within the main channel newsletter public radio" Radio Moldova ".
Prior to examining the request of IPNA "Teleradio-Moldova", CCA has found its merits.
II. May 17, 2016, the audiovisual Coordinating Council has adopted decision No. 14/76, which warned the public "Radio Plai" LLC, for derogations from article. 31 para. (2), art. 27(2). (1) (a). (d)) of the broadcasting code and item 3.1. lit. I) of emission licence series AC nr. 000013 from 29.01.2014, in accordance with article 5. 38 para. (1) (a). the broadcasting code).
On June 29, 2016, the CCA received prior to application "Radio Plai" nr. 9, where he claimed that he did not agree with the sanction and calls for its removal.
The opposition is alleging that: "frequency 89.40 MHz-Baguio City is the emission of" Radio Tower "in 02.06.2016, and the technical design is executed by SE" radiocomunicatii ".
The petitioner says: "for the frequency-Ungheni 98.60 MHz have been forwarded to the CNFR repeated requests, we have called for the release of the specifications and Technical opinion for drafting and installation of equipment for broadcasting" Radio Tower ", but which up to now have not been released."
Prior to examining the request "Radio Plai", CCA has found its merits.
III. May 17, 2016, the audiovisual Coordinating Council has adopted decision No. 14/80, through which it applied fines amounting to 1800 lei "TV-BOX S.R.L., for repeated derogations from article. 18, 28 and 37 para. (2) of the broadcasting code, in accordance with article 5. 38 para. (2) (a). (e)), para. (3) (a). b) of broadcasting code and section (3) (a). d) conditions to permit relay series AB nr. 000179 22 may 2013.
On 7 July 2016, the CCA received the request to "TV-BOX", where he claimed that he did not agree with the sanction and requests the annulment of the decision of BCC nr. 14/80 of 17 may 2016.
In the request, the petitioner alleging that: "in the operative part of the decision was to punish by a fine ordered a number of economic agents, while motivating part in decision referred only to the fact that the expiration of contracts for retransmission for 26 tv stations, not specified for each business customer contracts in hand, the grid of tv stations to which reference is made , and are not specified violations of each operator individually, therefore the decision issued a formal ".
The petitioner may claims: "TV-BOX", by date of 16.05.2016, presented the copies of documents confirming the validity of the bilateral relations with foreign TV stations, the information being presented in volume by 95%. Although most of the data was submitted to confirmation of the validity of contracts for retransmission of television stations, full information was not likely to be presented by the date requested, since confirmatory information concerning the validity of contracts for the first few months of the year reaching the service provider only during the months of May and June, and in some cases information on the validity of the contracts received confirmatory the service provider within the period of between 3 and 6 months from the moment of application thereof in fact, about which he was informed the CCA, but that did not take into account the information referred to in decision 17.05.2016, emiţînd sanction to enforce the penalty in the form of fine. "
Prior to examining the request for "TV-BOX", the CCA notes disprove the alleged request and neargumentarea. At the same time, it is established that the decision No. 14/80 of 17 may 2016 was adopted in strict conformity with the provisions of the broadcasting code.
As a result of public examination of requests, pursuant to the provisions of the broadcasting code no. 260 from supervised administrative courts, law No. 793 from 10.02.2000 and CCA Status, approved by Decision No. 433 from 28.12.2006 the Moldovan audiovisual Coordinating Council DECIDES: 1. To admit a prior request IPNA "Teleradio-Moldova" concerning the annulment of the decision paragraph 2 APPROX No. 14/68 of May 17, 2016 (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
1.1 to repeal section 2 of the CCA Decision nr. 14/68 of May 17, 2016 (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2. prior to application to accept "Radio Plai" SRL on the annulment of the decision section 1 CCA No. 14/76 of 17 may 2016 (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2.1 to repeal section 1 of the CCA Decision nr. 14/76 of 17 may 2016 (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
3. To reject the request prior to "TV-BOX" on the annulment of the decision paragraph 2 APPROX No. 14/80 of 17 may 2016 (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
4. control of the execution of this decision, it shall exercise Direction and legal regulations.
5. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.