Lack Of Capitalization On Technical Frequencies By Some Broadcasters

Original Language Title: cu privire la nevalorificarea tehnică a frecvenţelor de către unii radiodifuzori

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By Decision no. 201 of 23 December 2014, the Audiovisual Coordinating Council of the broadcasting license conditions re-concluded series AC no. 000 013 of 01.29.2014 issued "LEAPs RADIO" SRL radio station "Radio LEAP", by changing the technical parameters of the station broadcasting on frequency 89.40 MHz - Leova, and by Decision no. 12/59 of April 29, 2015 - by including frequency 98.6 MHz - Ungheni.
By Decision no. 136 of October 7, 2014, ACC automatically extended the broadcasting license issued "New Times" SRL for radio "Univers FM" frequencies: 101.4 MHz - Cahul, 91.7 MHz - Rezina, 93.1 MHz - Sîngerei and 97.8 MHz - Balti.
By Decision no. 200 of 23 December 2014, following the transfer, the conditions were re-broadcasting license Series AA no. 082 546 issued "Lucky Media" LLC for the radio station "Cheers", by including the frequency 102.5 MHz - Glodeni.
By Decision no. 13 of 29 January 2014, ACC automatically extended the broadcasting license issued to "GERMES-NORD" SRL radio station "Radio 7 / Радио 7", frequency: 101.5 MHz - Balti.
By Decision no. 138 of 7 October 2014 re-concluded BCC broadcasting license conditions to Series AA no. 082 511 of 19.10.2010, issued AO "Divine Culture" radio station "Divine Culture", by including the frequency 102.9 MHz - Nisporeni, and by Decision no. 4/20 of March 4, 2015 - by including frequency 87.8 MHz - Calarasi.
By Decision no. 53 of 10 April 2014, the CCA issued Series AC broadcasting license no. 000026 of 10/04/14 "DIALOG-PERFORM" LLC for the radio station "FM Dialog", the frequency: 97.0 MHz - Nisporeni.
In view of the above, ACC has requested by letter no. 82 of 15 February 2016 SE "National Centre for Radio Frequencies" information on the work stations "RADIO LEAP", "FM Universe," "Cheers," "Radio 7 / Радио 7", "Divine Culture" and "Dialog FM" on the above frequencies called.
By letter no. 06 / 1-286 of 23 February 2016 SE "National Radio Frequency Center" presented the following information regarding broadcasters mentioned:
- "RADIO LEAP" LLC: the date of updating the broadcasting license, according to CCA decision no. And No. 201 of 23.12.2014. 12/59 of 29/04/2015, 89.40 MHz stations - Leova and 98.6 MHz - Ungheni are not in use;
- "New Times" SRL: 101.4 MHz station - Cahul currently (February 23, 2016) fails. Missing from the ether from 01.01.2016; 91.7 MHz - Rezina: the moment (February 23, 2016) fails. Missing from the ether from 04.02.2016; 93.1 MHz - Sofia: is in operation; 97.8 MHz - Balti: the date of updating the broadcasting license under Decision No CCA. 136 of 07.10.2014, the plant is not in operation.
- "Lucky Media" LLC: the date of updating the broadcasting license under Decision No CCA. 200 of 23/12/2014, station 102.5 MHz - Glodeni not in use;
- "GERMES-NORD 'SRL: 101.5 MHz station - Balti is in operation;
- AO "Divine Culture": the date of updating the broadcasting license, according to CCA decision no. And No. 138 of 10.07.2014. 04/03/2015 4/20 of stations 102.9 MHz - 87.8 MHz Nisporeni - Calarasi are not in use;
- "DIALOG-PERFORM 'SRL: since obtaining the broadcasting license under Decision No CCA. 53 of 10/04/2014, station 97.0 MHz - Nisporeni not in use.
In order to examine the objectives of all the circumstances, the CCA requested by letter no. 83 of 15 February 2016, the National Regulatory Agency for Electronic Communications and Information Technology information regarding the address broadcasters' RADIO LEAP "LLC," New Times "LLC," Lucky Media "LLC," GERMES-NORD "Ltd., JSC" Divine culture "and" DIALOG-PERFORM "SRL for issuing licenses to use frequencies nominated.
By letter no. 02-SAL / 249 of 18/3/2016, National Regulatory Agency for Electronic Communications and Information Technology informed the Broadcasting Coordinating Council that only "GERMES-NORD" LLC holds a license for the use of radio frequencies or channels in the provision of networks and / or services public electronic communications (broadcasting) radio station "radio 7 / Радио 7", frequency: 101.5 MHz - Balti. Other businesses are registered in the public register of providers of electronic communications, but not addressed to NARECIT for licensing the use of those frequencies.

In the context of the above, art. 31 paragraph (2) of the Broadcasting Code states:
"The broadcasting license holder shall request the license to use radio frequencies and channels within 6 months after obtaining the broadcasting license" and art. 27 para. (1) d) of the Broadcasting Code stipulates: "The Broadcasting Coordinating Council may withdraw the broadcasting license only if:
d) does not start broadcasting the program service of one year from the date of issue." At the same time, art. 27 para. (2) states: "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".
It is worth mentioning that on 22 March 2016, the President of AO "Divine Culture," Sergei Telechi, sent by fax copy of the letter which requested SE "National Radio Frequency Center" project technical expertise broadcasting station 102.9 MHz - Nisporeni, and the measurements for that stop.
On 13 May 2016 by fax, president of AO "Divine Culture" presented evaluation of technical parameters broadcasting station 102.9 MHz - Nisporeni and demand the National Regulatory Agency for Electronic Communications and Information Technology of license of use frequency.
In the public meeting, President AO "Divine Culture," Sergei Telechi said that the same applies in the case of radio station 87.8 MHz - Calarasi.
During public hearings, members of CCA warned AO "Divine Culture" and called for within 30 days to submit the license of use for radio stations 102.9 MHz - 87.8 MHz Nisporeni - Calarasi.
Considering the above, as a result of public debate, in accordance with Art. 27, 31, 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 Coordinating Council of Audiovisual DECIDED
:

1. A public warning "RADIO LEAP" LLC, founder of the radio station "Radio LEAP" for derogations from Article. 31 para. (2) art. 27 para. (1) d) of the Broadcasting Code and section. 3.1. lit. i) the Series AC broadcasting license no. 000 013 from 29.01.2014 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (8) UNANIMOUSLY - D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, M. and D. ONCEANU-Hadirca VICOL).
2. A public alert "New Times" LLC, founder of the radio station "Univers FM", for derogations from Article. 31 para. (2) art. 27 para. (1) d) of the Broadcasting Code and section. 3.1. lit. i) the Series AC broadcasting license no. 000 058 from 10.07.2014 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (8) UNANIMOUSLY - D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, M. and D. ONCEANU-Hadirca VICOL).
March. A public warning "Lucky Media" LLC, founder of the radio station "Cheers" for derogations from Article. 31 para. (2) art. 27 para. (1) d) of the Broadcasting Code and section. 3.1. lit. i) 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 - (8) UNANIMOUSLY - D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, M. and D. ONCEANU-Hadirca VICOL).
4. A public warning "DIALOG-PERFORM" LLC, founder of the radio station "FM Dialog", for derogations from Article. 31 para. (2) art. 27 para. (1) d) of the Broadcasting Code and section. 3.1. lit. i) the Series AC broadcasting license no. 000026 from 10.04.2014 in accordance with art. 38 para. (1) a) of the Broadcasting Code (PRO - (8) UNANIMOUSLY - D. hammer, Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, M. and D. ONCEANU-Hadirca VICOL).
May. Broadcasters' RADIO LEAP "LLC," New Times "LLC," Lucky Media "LLC and" DIALOG-PERFORM "SRL will execute this decision will communicate to the public the reasons and subject to sanction in formula legislation, will present the license to use the within 30 days from the date of notification of the decision.
June. Control over the execution of this decision it exercises direction and licensing expertise.

July. This Decision will be published in the Official Gazette of the Republic of Moldova and the BCC website.
COORDINATING COUNCIL PRESIDENT


BROADCASTING Dinu HAMMER

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