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With Regard To The Technical Results From Not Valuing The Frequencies 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 reperfectat emission licence conditions AC series No. 29.01.2014 000013 issued from "RADIO PLAI" S.R.L. for the radio station "RADIO PLAI", by changing the parameters of the station broadcasting on frequency 89.40 MHz-Baguio City, and by decision No. 12/59 of 29 April 2015-by including 98.6 MHz frequency-Ungheni.
By decision No. 136 of 7 October 2014, the Bcc extended emission law license issued H8 S.R.L. for the radio station "FM" Universe: 101.4 MHz frequencies-Cahul, 91.7 MHz-Rezina, 93.1 MHz-50 MHz-97.8 Singerei and Balti.
By decision No. 200 of 23 December 2014 as a result of the assignment, have been reperfectate the conditions for broadcasting License series AA nr. 082546 awarded "good luck" S.R.L. for the radio station "good luck" by including 102.5 MHz frequency-Glodeni.
By decision No. 13 of 29 January 2014, the Bcc extended emission law licence issued "GERMES-NORD S.R.L." for the radio station "Radio 7/7" Радио, frequency: 101.5 MHz-Balti.
By decision No. 138 of 7 October 2014, the ACC reperfectat conditions to the licence for broadcasting the series AA nr. 19.10.2010, 082511 from issued A.O. "Divine Culture" for the radio station "Divine" Culture by including 102.9 MHz frequency-Nisporeni, and by decision No. 4/20 from March 4 2015-87.8 MHz by including frequency-calarasi.
By decision No. 53 of 10 April 2014, the Bcc issued the licence for broadcasting the series AC nr. 000026 from 10.04.2014 "DIALOG-PERFORM" S.R.L. for the radio station "FM", Dialogue: 97.0 MHz frequency-Nisporeni.
In the context of those listed above, the ACC requested, by letter No. 82 of 15 February 2016, S.e. "National Radio frequency Center" information regarding the activity of radio stations "RADIO PLAI", "Universe", "FM," Radio 7 "/7" Радио, "Divine" and "culture of Dialogue" on FM frequencies.
By letter No. 06/1-286 of 23 February 2016, State Enterprise "National Radio frequency Center" presented the following information about the broadcasters mentioned:-"RADIO PLAI" S.R.L.: dated reperfectării license, according to BCC decisions No. 201 from 23.12.2014 and nr. 12/59 of 29.04.2015, Leova and 89.40 98.6 MHz-50 MHz-Ungheni is not in operation;
-H8 S.R.L.: 101.4 MHz-Cahul station at the moment (February 23, 2016) does not work. Missing from the airwaves from 01.01.2016; 91.7 MHz-Rezina: at the moment (February 23, 2016) does not work. Missing from the airwaves from 04.02.2016; 93.1 MHz-Singerei: is in operation; 97.8 MHz-Balti: reperfectării from the date of license, according to the CCA Decision nr. 136 from 07.10.2014 station is not in operation.
-"Cheers" S.R.L.: dated reperfectării license, according to the CCA Decision nr. 200 from 23.12.2014, 102.5 MHz station-central London is not in operation;
-"GERMES-NORD" S.R.L.: 101.5 MHz-Balti station is in operation;
-P.a. "Divine Culture": reperfectării from the date of license, according to BCC decisions No. 138 from 07.10.2014 and nr. 4/20 from 04.03.2015 102.9 MHz-stations, Nisporeni and Calarasi-87.8 MHz are not in operation;
-"Dialogue-PERFORM" S.R.L.: on the date of obtaining the license, according to the CCA Decision nr. 53 from 10.04.2014, Nisporeni 97.0 MHz-station is not in operation.
For the purposes of the examination of all the circumstances of the objectives, the ACC requested, by letter No. 83 from February 15, 2016, the national regulatory agency for electronic communications and information technology the information concerning RADIO broadcasters: addressing "PLAI" S.R.L., H8 S.R.L., "Luck", "GERMES S.R.L.-NORD S.R.L.", A.O. "Divine" and "Culture dialogue-PERFORM" S.R.L. for licences for the use of frequencies nominees.
By letter No. 02-SAL/249 of 18.03.2016, the National Agency for regulation in electronic communications and information technologies informed the CCA that only "GERMES-NORD" S.R.L. owns the license for the use of radio frequencies or channels for the purpose of supply networks and/or publicly available electronic communications services (broadcasting) for the radio station "Radio 7/7" Радио, frequency: 101.5 MHz-Balti. Other businesses are registered in the public register of electronic communications providers, but not addressed to ANRCETI for licences to use the frequencies in question.
In the context of those mentioned above, art. 31 (2) of the Broadcasting Code stipulates: "the holder of the license will be required to license the use of radio frequencies or channels within 6 months from the date of obtaining the license" and art. 27(2). (1) (a). (d)) of the Broadcasting Code stipulates: "the audiovisual Coordinating Council can withdraw the license for broadcasting only where: d) the proprietor does not begin broadcasting service of not more than one year from the date of issue of the licence".
At the same time, art. 27(2). (2) States: "the audiovisual Coordinating Council apply to the withdrawal of the license in accordance with the procedure and the rights established by this code and other legislative acts, only after having exhausted other ways to sanction referred to in article 38".
It should be mentioned that on 22 March 2016, President of A.O. "Divine" Culture, Sergei Sai, sent by fax a copy of the letter which requested S.e. "National Radio frequency Center" effectuation technical project broadcasting station-102.9 MHz Nisporeni and measurements for that station.
On May 13, 2016, fax, President of A.O. "Divine Culture" presented the evaluation of technical parameters of 102.9 MHz station emission-Nisporeni and request National Regulatory Agency for electronic communications and information technology for the issue of licence to use frequency.
During the meeting, President of the public As "Divine Culture", Sergei Sai, stated that the same situation is and if the broadcasting station 87.8 MHz-calarasi.
During public debates, CCA members have noted As "Divine Culture" and have requested that the 30-day period to submit license to use for radio broadcasting stations-102.9 MHz Nisporeni and Calarasi-87.8 MHz.
Taking into account the above, as a result of the public debate, in accordance with the provisions of art. 27, 31, 38-41 of the broadcasting code no. 260-XVI of BCC is supervised, of status, of art. 27 of the regulation on the procedure and conditions for issuing licences and permits, approved under Resolution No. 433-XVI dated 28.12.2006 on Moldova's Parliament, CCA

DECIDES: 1. To warn public RADIO PLAI "S.R.L., founder of the radio station" RADIO PLAI ", 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) (PRO-(8)-UNANIMOUS hammer, Iu. CARLSON, a. CASTILLO, born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2. To warn public H8 S.R.L., founder of the radio station "FM" Universe, 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. 000058 from 07.10.2014, in accordance with article 5. 38 para. (1) (a). the broadcasting code) (PRO-(8)-UNANIMOUS hammer, Iu. CARLSON, a. CASTILLO, born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
3. To warn the public, "Cheers" S.R.L., founder of the radio station "good luck", for derogations from article 2. 31 para. (2), art. 27(2). (1) (a). (d)) of the broadcasting code and item 3.1. lit. I) of emission License series AA nr. 082546 from 13.10.2009, pursuant to art. 38 para. (1) (a). the broadcasting code) (PRO-(8)-UNANIMOUS hammer, Iu. CARLSON, a. CASTILLO, born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
4. To warn public dialogue-PERFORM "S.R.L., founder of the radio station" FM "Dialog, 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. 000026 from 10.04.2014, in accordance with article 5. 38 para. (1) (a). the broadcasting code) (PRO-(8)-UNANIMOUS hammer, Iu. CARLSON, a. CASTILLO, born DAMASCUS, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
5. RADIO Broadcasters "PLAI" S.R.L., H8 S.R.L., "Cheers" and "dialogue S.R.L.-PERFORM" run this decision S.R.L., will communicate to the public the reasons for and the purpose of the penalty, in the formulation of the legislation in force, shall submit the license of use within a period of 30 days from the moment of bringing to their attention to the decision.
6. control of the execution of this decision, it shall exercise Direction and licensing expertise.
7. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.

The CHAIRMAN Of The COORDINATION COUNCIL

AUDIOVISUAL Dinu CIOCAN