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On How To Realise The Provisions Of Legislation In Force And The Conditions To Such Authorisations Relay

Original Language Title: cu privire la modul de executare a prevederilor legislației în vigoare și a condițiilor la autorizațiile de retransmisie

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    In or. Drochia, 3 august 2016, was found unlawful retransmission of TV stations by the "Click-Com Ltd., undertaking does not relay authorization issued by the CA. For or. Drochia, relay authorization holds ' Sat TV Ltd., in reality however, relay services are rendered by the "Click-Com LLC. At the time of the inspection, "Click-Com LLC retransmitea the next 60 TV stations: 1. Eurosport 2. Ru TV Moldova 3. Moldova-1 4. Moldova-2 5. TV 7 6. Кинохит 7. Детский 8. Pro TV Chișinău 9. Population of 10. Индия TV 11. Channel 2 12. Euro TV 13. Мир 14. Cedar Rapids TV 15. Raw 16. CTC Mega 17. Ren Moldova 18. N 4 19. Bravo 20. RTR Moldova 21. Discovery Channel 22. Boomerang 23. Gurinel 24. NGW 25. NGC 26. Русский иллюзион 27. Disney Junior 28. Moldova-Sports 29. Match! Planet 30. Euronews 31. Охота и рыбалка 32. Иллюзион + 33. Channel 3 34. Regional Channel 35. 36 drive. Publika TV 37. Busuioc TV 38. Jurnal TV 39. At home in Moldova. Сарафан 41. Vocea Basarabiei 42 TV. Trinitas 43. TVC 21 44. Моя планета 45. Еврокино 46. НТВ + кино 47. 48 TV Gambling. TLC 49. Шансон 50. Здоровое ТВ 51. Super TV 52. НТВ + премьера 53. 54 TVR Moldova. NTV Moldova 55. Reality TV 56. Беларусь 24 57. Access 58 TV. Много ТВ 59. Кухня ТВ 60. Agro TV Moldova Following those referred to above, it is found that "Click" activate without S.R.L. is in possession of the necessary documents: authorisation for retransmission and retransmission contracts with owners of television stations included in the offer of services for programs retransmitted. In these circumstances, "clicks" violates article S.R.L. 28 para. (1) of the broadcasting code.     Such activity constitutes contravention prescribed by art. 38 para. (2) (a). a) and e) of the broadcasting code: a) the dissemination of programme services without authorization of retransmission and rebroadcasting programs) services in violation of the provisions of article 7. 28-30. At the same time, in respect of that activity, the Broadcasting Code stipulates the following: Art. 2(a) f) defines the term distributor services as any legal person shall make available to the public an offer of services through any means of electronic communication, including satellite, cable or MMDS, retransmitted on the basis of contractual relations with broadcasters with other distributors;
Art. "". (5), of Retransmission services by a distributor of services under the jurisdiction of the Republic of Moldova can only be made on the basis of the authorisation for retransmission and in compliance with the general authorization regime, according to the legislation in the field of electronic communications ";
Art. 18 paragraph 1. (3), Relay service programs in the absence of the contract with the broadcaster, distributor or service with another holder of rights in the service of programs retransmitted violation constitutes copyright and related rights and shall be sanctioned appropriately "mode.
During the meeting of 16 September 2003, the BCC members had questions of activity of enterprises "-Com" LLC and "TV". As a result, the issue of their work was postponed by consensus for further details.
During the same meeting, the representatives of public enterprises "-Com" LLC and "Sat TV Ltd. claimed that the legal base re-activates the contract which provides that" Click-Com "Ltd performs only technical service network, retransmission is made on the basis of the authorization" TV Sat "Ltd, in accordance with its approved offer.
As a result of verification demand "TV" for or. Drochia, approved by decision No. APPROX. 20/98 of 5 July 2015, it has been found that does not comply with the conditions of the Authorization relay series AB nr. from 27.05.08 000048 (annex 1). Namely:-offer services programs approved are not retransmitted 13 posts: Another TV, Inter +, MBC, Minimax, TV 5, Зоопарк, Усадьба, 1 2 Спорт, Спорт, Союз, История Мульт Наука, and 2.0;
-outside of the offer are retransmitted 13 posts: Eurosport, Discovery Channel, NGW, ethno, Disney Junior, the match! The planet, the Regional Channel, Trinitas TV, TLC, Super, Кинохит, Детский Шансон and.
In the light of the 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 procedures and conditions for issuing licences and retransmission authorisations, the audiovisual Coordinating Council DECIDES: 1. To apply the public warning "Click-Com S.R.L., in accordance with art. 38 para. (2) (a). paragraph 1 of). (3) (a). the broadcasting code), for derogations from article. 28 para. (1) of the broadcasting code (activity without authorization of retransmission) (PRO-(5)-HAMMER, o. BARBALATA, Iu. CARLSON, m. OBI-HADIRCA, and d. VALENTINO; ABSTENTIONS-(2)-b. DAMASCUS and c. MÎŢU).
2. To oblige "Click-Com S.R.L. to scuttle, within 3 days from the date of bringing to their attention by registered letter, the activity of retransmission of television stations until obtaining the documents necessary for this task (PRO-(5)-HAMMER, o. BARBALATA, Iu. CARLSON, m. OBI-HADIRCA, and d. VALENTINO; ABSTENTIONS-(2)-b. DAMASCUS and c. MÎŢU).
3. "Click-Com S.R.L. shall submit, within 3 days from the time the knowledge of this decision, a report on the measures taken with a view to the liquidation of infringements ascertained.
4. To seize the competent organs, according to the legislation in force concerning illegal activities (retransmission of TV stations) without holding the authorisation for retransmission and retransmission contracts by the "Click-Com S.R.L. (or. Drochia) (PRO-(5)-HAMMER, o. BARBALATA, Iu. CARLSON, m. OBI-HADIRCA, and d. VALENTINO; ABSTENTIONS-(2)-b. DAMASCUS and c. MÎŢU).
5. Direction control and digitalization will perform repeated checks to the execution of the undertaking referred to this decision.
6. control of the execution of this decision, it shall exercise Direction control and digitalization.
7. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.