On How To Execute The Provisions And Conditions Legislaţieiîn Force Authorizations Relay

Original Language Title: cu privire la modul de executare a prevederilor legislaţieiîn vigoare şi a condiţiilor la autorizaţiile de retransmisie

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.
During February-March 2016 was performed the control of the following services distributors: JV "ORANGE MOLDOVA" SA, "TV REPUBLIC" LLC, "Danis" LLC, "MEGATRAFIC" SRL "TV BOX" SRL "TRUST TV" LLC "Oldim" LLC, "Tele Crio" LLC, "BETATVCOM" SRL "TV Holercani" LLC, "REPROMON" LLC, "Marteh-Plus" Ltd., "TV Carp" LLC, "Cimişeni" LLC "SKY-MAX "SRL" STV IT COMPANY "LLC," CAGHET-PLUS "SRL" Hartum-TV "LLC," TV-trick "LLC and JV" Sun Communications "SRL. The inspection aimed at checking compliance with the requirements legislation audiovisual communication, relay conditions on permits and decisions CCA CCA including enforcement Decision no. 174 of 15 November 2013 regarding the inclusion of program services retransmitted offer the TV station "TVR Moldova". From finding to television stations relayed by the service providers need device was used to PROMAX HD RANGER 2. Following
control were found deviations from the legislation on the following services distributors "CZECH TV" LLC, "Danis" LLC, "MEGATRAFIC" SRL "TRUST TV" LLC, "Tele Crio" SRL "TV Holercani" LLC, "REPROMON" LLC, "Marteh-Plus" Ltd., "TV Carp" LLC, "Cimişeni" SRL "SKY-MAX", "CAGHET-PLUS" SRL "Hartum-TV" LLC and "TV-trick" SRL.
It is noteworthy that the "TV BOX" SRL and "Oldim" SRL CCA did not allow employees to offer his studio to find TV stations retransmitted.
Thus, under pt. 4.1 of the conditions to permit relay series AB no. 000 179 of 05.22.2013 issued "TV-BOX" SRL, and pt. 4.1 of the conditions to permit relay series AB no. 000 180 of 30.05.2013 issued "Oldim" SRL "members and employees have the right CCA:
• to access the premises of the institution and inspect the execution of retransmission Authorisation Holder permit conditions and legislation in force (note : finding television stations to rebroadcast the distributor of services can be carried out both at the headquarters / office / studio subsidiary and distributor service subscribers at home); • Prepare documents, records and other documents on cases of infringement in force in the field of audiovisual communication; • the access to documents and materials, to watch all posts relayed by the distributor; • to request and receive necessary information without obstacles on the issues addressed. "
On 1 March 2016, Truşeni village, mun., Was found unlawful activity retransmission of TV channels by "Megan-TV" SA. The organization previously worked in the retransmission authorization Series AB no. 000 062 of 26.11.2008, but the term of validity expired on 26.11.2014. So, at the time of control, that undertaking was relaying the following TV stations: Prime, Channel 2 TV 7 Channel 3 Первый канал, Pro TV Chisinau, TVC 21, Moldova Sport, ТВ 2 ТВ, Voice of Bessarabia, Favorit TV, RTR Planeta Ren Moldova and Мир ТВ.
Certified results of the check: I
. "CZECH TV" LLC (founder of TV studio "CZECH TV" mun. Chişinău) does not comply with the permit retransmission series AB no. 000197 of 11.21.2014 (Annex no. 1 offer services retransmitted program approved by CCA Decision no. 30/141 of 22 July 2015). Namely:
- offer services programs approved are not retransmitted 17 TV stations: Halt TV, TV Voice of Bessarabia, Канал 24, КХЛ, Мир Сериала, РБК, National 24 Plus, Успех, STV, Боец, Интересное ТВ, Amazing Life, Gurinel TV, Alfa Omega TV, area M, XXI and Живи TV;
- Outside the offer are retransmitted two channels: Мужское кино and Союз.
The BCC decision no. 19/90 of 05/27/2015, "CZECH TV" SRL public warning was imposed for the same violations.
The BCC decision no. 30/140 from 22.07.2015, "CZECH TV" SRL was imposed a fine of 5,400 lei for the same violations.
II. "Danis" LLC (founder of TV studio "DănisNet TV" mun. Chişinău) does not comply with the permit retransmission series AB no. 000 162 of 21.06.2012 (Annex no. 1 offer services retransmitted program approved by CCA Decision no. 28/131 of 16 July 2015). Namely:
- offer services programs approved are not retransmitted three TV stations: Alt TV, Euro TV and basil TV.

The BCC decision no. 25/116 from 03.07.2015, "Danis" SRL was imposed a fine of 1,800 lei for the same violations.
The BCC decision no. 36/179 from 22.10.2015, "Danis" SRL public warning was imposed for the same violations.
III. "MEGATRAFIC" LLC (founder of TV studio "Mark TV" mun. Chişinău) does not comply with the permit retransmission series AB no. 000 171 of 21.12.2012 (Annex no. 1 offer services retransmitted program approved by CCA Decision no. 80 of 22 May 2013). Namely:
- outside the offer is relayed TV channel: Area CCA M.
By Decision no. 30/140 from 07.22.2015, "MEGATRAFIC" SRL was imposed public warning for restricting access to his studio CCA staff to ascertain offer TV stations retransmitted.
The BCC decision no. 36/179 from 10.22.2015, "MEGATRAFIC" SRL was imposed a fine of 5,400 lei for the same violations.
IV. "TRUST TV" LLC (founder of the studio system MMDS TV "ALTERNATIVE-TV" in mun. Chişinău) does not comply with the broadcasting license no AC series. 000 083 of 26.01.2010 (Annex no. 1 offer services retransmitted program approved by CCA Decision no. 30/142 of 22 July 2015). Namely:
- offer services programs approved are not retransmitted nine TV channels: Home in Moldova, Moldova Reality TV, Other TV, TV Gurinel, Moldova Sport Super TV, TV Luck, National TVR 24 Plus and Moldova.
V. "Tele Crio" LLC (founder of cable TV studio "Cryo TV" in the town. Criuleni) does not comply with the permit retransmission series AB no. 000 205 of 03.07.2015 (Annex no. 1). Namely:
- offer services programs approved are not retransmitted 11 TV channels: Moldova 1, TVR Moldova, Cheers TV, basil TV, TV Gurinel, Moldova Sports, Euro TV, Other TV, TV 5 Monde, Русский Бестселлер and Беларусь 24;
- Are relayed outside offer 28 channels: 1 + 1 International, Че, Halt TV, CTC Mega, ТВ 3 24 National PLUS, National TV, Пятница, Матч ТВ, NGC, Euronews, Eurosport, Сарафан, Моя планета, Наука 2.0 Favorit TV, Рыжий, ТРО, Realitatea TV Moldova, Союз, RBK, Discovery Channel, Мир 24, Ethno TV, Трофей 1 Music Channel and TV RK 1000.
The BCC decision no. 25/116 from 07.03.2015, "Tele Crio" SRL public warning was imposed for the same violations.
The BCC decision no. 36/179 from 10.22.2015, "Tele Crio" SRL was imposed a fine of 5,400 lei for the same violations.
VI. "Holercani TV" LLC (founder of TV studio "TV Holercani" in s. Holercani, Dubasari) does not comply with the permit retransmission series AB no. 000 174 of 03.25.2013 (Annex no. 1). Namely:
- offer services programs approved are not retransmitted 21 TV stations: Prime, Euro TV, Other TV, basil TV, TVC 21, RTR Moldova, Bravo, TV 7, CTC Mega, RU TV Moldova РБК, Моя Планета, Zee TV, Sport 1, Наука, Сарафан, Cartoon Network, Boomerang TV, CNN, TV 5 Monde and Беларусь 24;
- Are relayed outside offer 18 TV channels: Euronews, Первый канал, НТВ (Ru), СТС (Ru), Бестселлер, Кинопоказ, ТНТ (Ru), РТР Планета, Пятница, Realitatea TV Moldova, ТВ 3 Шансон ТВ, 2 ТВ ТВ, Рен ТВ (Ru), Novel TV, Москва Доверие, Москва 24 and UTV.
The BCC decision no. 36/179 from 22.10.2015, "TV Holercani" SRL public warning was imposed for the same violations.
VII. "REPROMON TV" LLC (founder of TV studio "New Alliance Studio .Net" from the city. Vadul lui Voda) does not comply with the permit retransmission series AB no. 000 196 of 10.23.2014 (Annex no. 1). Namely:
- offer services programs approved are not retransmitted six TV stations: Alt TV, TV Basil 5 Канал, DW, and МИР ТВ National TV;
- Are relayed outside offer four channels: Союз, 2DF TV News Network and Discovery Channel.
VIII. "Marteh-Plus" LLC (founder of TV studio "M-TV" in s. Cojusna, Straseni) does not comply with the permit retransmission series AB no. 000 111 of 22.06.2010 (Annex no. 1). Namely:
- the offer is not approved program services retransmitted TV channel: Trinitas TV;
- Outside the offer is relayed TV station Realitatea TV Moldova.
The BCC decision no. 36/179 from 22.10.2015, "Marteh-Plus" SRL public warning was imposed for the same violations.

IX. "Carp TV" LLC (founder of cable TV studio "TV Carp" in s. Măgdăceşti, Criuleni) does not comply with the permit retransmission series AB no. 000207 of 11.05.2015 (Annex no. 1). Namely:
- offer services programs approved are not retransmitted seven TV stations: Alt TV, Euro TV, TV Luckily, Охота и рыбалка, Ru TV Moldova, Super TV and TVC 21;
- Off supply channels are retransmitted 6: Favorit TV, Мир ТВ, Romania TV, UTV, Euronews and 1 Music Channel.
X. "Cimişeni-TV" LLC (founder of TV studio "TV CIM" in s. Cimişeni, Criuleni) does not comply with the permit retransmission series AB no. 000 206 of 29.09.2015 (Annex no. 1). Namely:
- the offer is not approved program services retransmitted TV channel: Интер +;
- Outside the offer is relayed TV channel: NTV Moldova.
XI. "SKY-MAX" LLC (founder of TV studio "SKY-MAX" com. Ciorescu, mun.) Does not comply with the permit retransmission series AB no. 000 188 of 19.03.2014 (Annex no. 1). Namely:
- offer services programs approved are not retransmitted TV 12 station Jurnal TV, TV Luckily, TVR Moldova, Gurinel TV, RTVI Chasse et Peche, Europa Plus TV Moldova, Мир ТВ, Viasat Nature, Accent TV, Other TV and Euro TV;
- Are relayed outside offer five channels: Первый канал, Мир 24, Favorit TV, NTV Moldova and Сарафан.
The BCC decision no. 39/165 from 11.17.2015, "SKY-MAX" SRL public warning was imposed for the same violations.
It is worth mentioning that the service distributors, "CAGHET-PLUS" SRL "Hartum-TV" LLC and "TV-TRUC" do not resubmit their networks by cable TV channel "TVR Moldova".
During the meeting, following the public debate, the ACC members warned businesses "Danis" LLC, "MEGATRAFIC" LLC, "REPROMON TV" LLC, "Marteh-Plus" Ltd., "Carp TV" SRL and "CIMIŞENI- TV "SRL on the need for strict observance of the Offering retransmitted program services approved by the Broadcasting Coordinating Council.
Under those findings and in accordance with art. 28, 29, 37, 38, 40 of the Broadcasting Code and art. 36 para. (2) of the Regulation on the procedure and conditions for issuing broadcasting licenses and retransmission authorizations, the Broadcasting Coordinating Council DECIDED
:

1. Apply a fine of 5,400 lei "CZECH TV" LLC (founder of TV studio "CZECH TV" in mun. Chisinau), according to art. 38 para. (2) e), para. (3) b) of the Broadcasting Code, the exemption repeated in art. 28 para. (1) of the Broadcasting Code, art. 36 para. (2) of the Regulation on the procedure and conditions for issuing broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000197 of 21.11.2014 issued "CZECH TV" LLC (PRO - (8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, bribery C., and M. ONCEANU-Hadirca D. VICOL).
2. Putting public warning "TRUST TV" LLC (founder of the studio system MMDS TV "ALTERNATIVE-TV" in mun. Chisinau), according to art. 38 para. (2) e), para. (3) a) of 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 broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to the broadcasting license no AC series. 000 083 of 26.01.2010 issued "TRUST TV" LLC (PRO - (8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, bribery C., and M. ONCEANU-Hadirca D. VICOL).
March. Putting public warning "TV-BOX" LLC (founder of TV studio "TV-BOX" in mun. Chisinau), according to art. 38 para. (2) e), para. (3) a) of the Broadcasting Code for failure pts. 4.1 of conditions on authorization relay series AB no. 000 179 of 05.22.2013 issued "TV-BOX" LLC (PRO - (7) - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, C. bribery, M. and D. ONCEANU-Hadirca VICOL) .
4. Putting public warning "Oldim" LLC (founder of TV studio "NTV" mun. Chisinau), according to art. 38 para. (2) e), para. (3) a) of the Broadcasting Code for failure pts. 4.1 of conditions on authorization relay series AB no. 000 180 of 05.30.2013 issued "Oldim" LLC (PRO - (7) - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, C. bribery, M. and D. ONCEANU-Hadirca VICOL).

May. Apply a fine of 5,400 lei "Tele Crio" LLC (founder of TV studio "Cryo TV" in the town. Criuleni), according to art. 38 para. (2) e), para. (3) b) of the Broadcasting Code, the exemption repeated in art. 28 para. (1) of the Broadcasting Code, art. 36 para. (2) of the Regulation on the procedure and conditions for issuing broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000 205 of 03.07.2015 issued "Tele Crio" LLC (PRO - (8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, bribery C., and M. ONCEANU-Hadirca D. VICOL).
June. Apply a fine of 5,400 lei "Holercani TV" LLC (founder of TV studio "TV Holercani" in s. Holercani, Dubasari), according to art. 38 para. (2) e), para. (3) b) of the Broadcasting Code, the exemption repeated in art. 28 para. (1) of the Broadcasting Code, art. 36 para. (2) of the Regulation on the procedure and conditions for issuing broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000 174 of 25.03.2013 issued "Holercani TV" LLC (PRO - (8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, bribery C., and M. ONCEANU-Hadirca D. VICOL).
July. Apply a fine of 3,600 lei "SKY-MAX" LLC (founder of TV studio "SKY-MAX" com. Ciorescu, mun.), According to art. 38 para. (2) e), para. (3) b) of the Broadcasting Code, the exemption repeated in art. 28 para. (1) of the Broadcasting Code, art. 36 para. (2) of the Regulation on the procedure and conditions for issuing broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000 188 of 19.03.2014 issued "SKY-MAX" LLC (PRO - (7) - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, C. bribery, M. and D. ONCEANU-Hadirca VICOL) .
August. Putting public warning "Megan-TV SA", according to art. 38 para. (2) a) para. (3) a) of the Broadcasting Code, for derogations from Article. 28 para. (1) of the Broadcasting Code (unauthorized retransmission activity) (PRO - (8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, C. bribery, M. ONCEANU-Hadirca and D. VICOL).
September. Putting public warning "CAGHET-PLUS" SRL (founder of TV studio "Maria" in the town. Taraclia), according to art. 38 para. (2) e), para. (3) a) of 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 broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000 114 of 03.09.2010 (non CCA Decision no. 174 of 15.11.2013 regarding the retransmission of compulsory service distributors, under the jurisdiction of the Republic of Moldova, the Moldovan television station TVR) awarded "CAGHET-PLUS" SRL (PRO - ( 8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, C. bribery, M. and D. ONCEANU-Hadirca VICOL).
10. Putting public warning "Hartum-TV" LLC (founder of TV studio "TVT" in the town. Taraclia), according to art. 38 para. (2) a) para. (3) e) of 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 broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000118 of 05.10.2010 (non CCA Decision no. 174 of 15.11.2013 regarding the retransmission of compulsory service distributors, under the jurisdiction of the Republic of Moldova, the Moldovan television station TVR) awarded "Hartum-TV" LLC (PRO - ( 8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, C. bribery, M. and D. ONCEANU-Hadirca VICOL).

11. Putting public warning "TV-trick" SRL (founder of TV studio "Prut" in the town. Cahul), according to art. 38 para. (2) a) para. (3) e) of 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 broadcasting licenses and retransmission authorizations and non pts. 1.4, 2.2, 3.1 lit. (B) the conditions to permit relay series AB no. 000 145 of 18.05.2011 (non CCA Decision no. 174 of 11.15.2013 regarding the retransmission of compulsory service distributors, under the jurisdiction of the Republic of Moldova, the Moldovan television station TVR) awarded "TV-trick" SRL (PRO - ( 8) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, C. bribery, M. and D. ONCEANU-Hadirca VICOL).
12. Businesses "TV REPUBLIC" SRL "TRUST TV" LLC, "Tele Crio" SRL "TV Holercani" LLC "SKY-MAX", "CAGHET-PLUS" SRL "Hartum-TV" LLC and "TV-trick" SRL will present at CCA, within 15 days from the date of notification of the decision (receipt by registered mail of the decision) a report on the legal status.
13. Direction control and digitization will conduct a repeated control enterprises and their subsidiaries listed on the execution of this decision.
14. Bank details for the payment of fines:
Fiscal Code: 1006601000037
Beneficiary: Ministry of Finance - State Treasury
Bank Address: mun. Chisinau, str. Constantin Tanase 7.
IBAN: AAA 143 111 MDXXTR G MMMM
0000 "XX" - code control, which is formed in accordance with Annex. 4 Decision Management Board of the National Bank of Moldova No. 157 of August 1, 2013 "Regulations on the Transfer of credit" (code number);
"MMMM" - code that interprets the code as CUATM village (code number).
15. Control over execution of this Decision exercises control and direction digitalisation and service economy, finance and accounting.
16. This Decision will be published in the Official Gazette of the Republic of Moldova and the BCC website.

Related Laws