on how to realise the provisions of legislation in force and the terms of authorizations to the retransmission



Published: 13.01.2017 in Official Gazette No. 9-18 art Nr: 51 during November-December 2016 was monitored the activity of service distributors: "RAVIVALNIS", "RINOVIT-LUX" Ltd., "" company, "ARSACO REBDACONS" Ltd, "ART-CLUB" Ltd, "REVAFAR-COM" Ltd., "" company, "PRIMANET VERTAMAR" Ltd, "INTERSERVICII" LLC, "BETATVCOM" LLC, "AN-TV STUDIO" LLC, "S&L PANIFCOM", "TV" RASV-, "DONȚU-PRIM" SRL, "DACIA" SRL, "INNOCENT SAT" Ltd, "Cryo" Tele, "TV" Holercani , "SKY-MAX" and "TERINIS-PLUS" LLC.
Monitoring was aimed at verifying compliance with the requirements of the legislation in the field of audiovisual communication, has conditions to such authorisations and retransmission decisions.
As a result of monitoring were detected deviations from the law in force at the next service distributors: i. it is noted that "RAVIVALNIS" SRL has not offered access to its employees by ABOUT Studio for TV stations retransmitted offer, saying that it is in dispute with the CCA.
Thus, by his actions, "RAVIVALNIS" Ltd. has violated 4.1 and 3.1 lit. (j)) of the Authorisation Conditions relay series AB nr. 000201 from 05.06.15, which provides: "the members and employees of the electronic media watchdog CCA are entitled: • to access the institution's premises and inspect the licence holder of authorisation conditions regarding execution of the relay and the legislation in force (Note: a finding list of television stations retransmitted of distributor services can be carried out both at Headquarters/Branch Office/Studio and Distributor to subscriber services);    • to draw up documents, reports and other documents on the cases of infringements of the legislation in force in the field of audiovisual communication;    • access to documents and materials, to watch all channels retransmitted by the Distributor;    • to request and receive the information required concerning barrier-free issues addressed;    • in the case of inspection, to facilitate access (CCA members and employees) inside the Studio, Office or branch, in order to establish TV stations retransmitted, checking the technical equipment ". During the discussions, following the examination of the case and because of the lack of a representative of" RAVIVALNIS "at the meeting, members of the BCC decided, by consensus, to postpone the matter for a later session.
II. On 17 November 2016, in the village of Cornești, Ungheni, was found unlawful retransmission of TV stations by "RINOVIT-LUX" SRL. The organisation has worked previously on the basis of the authorisation for retransmission series AB nr. 000117 included, but from the term of validity expired on 15.10.2016. Thus, at the time of the inspection, the undertaking referred to retransmitea 27 TV stations: Пятница, TOP 10 (ro), РТР-Планета, TVSE (en), 2 ТВ Центр, ТВ (ru), Pro TV (en), Moldova (1), Super TV, ТВ, Кино, НТВ (ru), CTC (ru), Publika TV, Jurnal TV, reality TV Moldova channel 2 Мир, ТВ, ТНТ (ru), Бестселлер, Рен ТВ (ru), ТНВ, 3, 4 ТВ ТНТ, N4 NTV, Звезда and Moldova.
III. "" ARSACO (founder of the Studio "AS TV-TV" in the village of Cojușna, Strășeni) does not comply with the conditions of Authorisation relay series AB nr. 000222 from 17.05.16 (annex 1, Offer services of retransmitted programmes approved by decision No. 14/APPROX. 78 of May 17, 2016). Namely:-offer services programs approved are not retransmitted 4 TV stations: Gurinel TV, Trinitas TV, Gambling and other TV;
-outside of the offer are retransmitted 4 TV stations: Moldova 2, Regional Channel, UTV and Minimax.
IV. "ART-CLUB" Ltd (founder of Studio ART-TV "TV". Does not comply with the conditions of străşeni) authorization relay series AB nr. 000193 from 20.06.14 (annex 1, Offer services of retransmitted programmes approved by decision No. 25/APPROX. 114 of 3 July 2015). Namely:-offer services programs approved are not retransmitted 2 TV stations: DW and 24 Канал;
-outside of the offer are retransmitted 22 TV channels: NTV TV Moldova Moldova, Agro, Etno TV, Prima TV, Rai 1, Antena 1, Kanal D, Digi и Охота рыбалка, 24, Кинохит, НТВ Плюс Euronews, Иллюзион +, Индийское, 365, Дней кино ТВ Здоровое, TV XXI, Diva Universal, RTG, Cartoon Network, sports (en), Euro and Gold.
V. "VERTAMAR" LLC (founder of TV Studio "RACING MY CAR". Ungheni) does not comply with the conditions of Authorisation relay series AB nr. 000186 from 10.12.13 (annex 1, Offer services of retransmitted programmes approved by decision No. 13/APPROX. 65 April 29, 2016). Namely:-offer services programs approved are not retransmitted 4 TV stations: cheers TV, Viasat Explorer, Зоопарк and TV XXI;
-outside of the offer are retransmitted 3 TV stations: Бестселлер, Kanal D and ITV.
Vi. "the founder" PRIMANET (cable TV Studio "PRIMANET." Nisporeni) does not comply with the conditions of Authorisation relay series AB nr. 000216 from 29.03.16 (annex 1, Offer services of retransmitted programmes approved by the CCA Decision No. 9/47 of 29 March 2016). Namely:-offer services programs approved are not retransmitted 3 TV stations: AlfaΩ TV, TV and Basil Мир 24;
-the offer is relayed outside a TV station: Euronews.
VII. "S&L PANIFCOM" (the founder of the Studio cable TV "TV" in the village of Geamană, r-nul Anenii Noi) does not comply with the conditions of Authorisation relay series AB nr. 000161 from 23.05.12 (annex 1, Offer services of retransmitted programmes approved by decision No. 36/APPROX. 180 of 22 October 2015). Namely:-offer services programs approved are not retransmitted 10 TV stations: Moldova, Agro TV channel 2, Euro TV Chisinau, Gurinel и Охота рыбалка, TV, RTR TV Moldova, 1000 Action, TV 5 Monde, nit, TVR in Moldova.
-outside of the offer are retransmitted 8 TV: Kanal D, Jodeci, Minimax, sports (En), OTV, Euro News, Super TV, Etno TV.
VIII. "-TV" RASV (founder of the Studio cable TV "TV" in RASV. Căuşeni) does not comply with the conditions of Authorisation relay series AB nr. 000133 from 07.02.11 (annex 1, Offer services of retransmitted programmes approved by the CCA Decision No. 17/99 of 27 June 2016). Namely:-offer services programs approved are not retransmitted 5 TV channels: Channel 3, Gurinel TV, TV 5 Monde, Euro TV Chisinau, cheers TV;
-the offer is relayed outside a TV station: Minimax.
IX. "DONȚU-PRIM" SRL (founder of cable TV Studio "DON"-TV. Ștefan Vodă) does not comply with the conditions of Authorisation relay series AB nr. 000153 from 29.03.12 (annex 1, Offer services of retransmitted programmes approved by the CCA Decision No. 9/46 of 29 March 2016). Namely:-offer services programs approved are not retransmitted 2 TV: TVR Moldova and TV 5 Monde;
-the offer is relayed outside a TV station: ТВ 3.
X. "DACIA" SRL (founder of cable TV Studio "DACIANS" village of Copceac, Ștefan-Vodă) does not comply with the conditions of Authorisation relay series AB nr. 000221 from 17.05.16 (annex 1, Offer services of retransmitted programmes approved by decision No. 14/APPROX. 78 of May 17, 2016). Namely:-offer services programs approved are not retransmitted 8 TV channels: Channel 3, Alt TV, Euro TV Chisinau, Gaming TV, TV 5 Monde, Gurinel TV, Viasat Sport and ТВ XXI;
-outside of the offer are retransmitted 7 TV: Kanal D, Etno TV, 2 + 2 (Ukr), folk music, Шансон, Cartoon Network and Бестселлер.
XI. "INNOCENT VILLAGE LLC (founder of cable TV Studio" S&P "from Slobozia Dușca, Criuleni) does not comply with the conditions of Authorisation relay series AB nr. 000191 from 10.04.14 (annex 1, Offer services of retransmitted programmes approved by the CCA Decision No. 9/46 of 20 March 2016). Namely:-offer services programs approved are not retransmitted 2 TV stations: Gurinel TV and TV 5 Monde;
-outside of the offer are retransmitted 3 TV stations: Antena 1, Minimax and Kanal d. XII. "Tele Cryo LLC (founder of cable TV Studio" Cryo-TV ". Criuleni) does not comply with the conditions of Authorisation relay series AB nr. 000205 from 03.07.15 (annex 1, Offer services of retransmitted programmes approved by decision No. 14 of CCA/79 of 17 may 2016). Namely:-offer services programs approved are not retransmitted 8 TV stations: Мир, TV 1000, N 24, TV, basil, Euro TV Chisinau TV, TV 5 Monde and a post in the Romanian language-themed Christian Orthodox;
-outside of the offer are retransmitted 12 TV stations: Minimax, Music Channel, British Eurosport 1, 1000 RK TV, Viasat Explorer, TV 1000 Action, Че Пятница, ТВ, ТВ 3, Ukraine, Euro News TV and Gaming TV.
Through the CCA Decision nr. 9/45 29.03.2016, "Tele Cryo LLC i was fine in the amount of $5400 for the same violation.

XIII. "TV" Holercani (founder of the Studio cable TV "TV" in the village of Holercani Holercani, Dubasari) does not comply with the conditions of Authorisation relay series AB nr. 000174 from 25.03.13 (annex 1, Offer services of retransmitted programmes approved by the CCA Decision No. 33 of 25 March 2013). Namely:-offer services programs approved are not retransmitted 21 TV stations: Euro TV Chisinau, Alt TV, TV Music, Busuioc TV, RTR Moldova, Bravo, TV 7, Mega, Super, TV RU TV Moldova, РБК, Моя Планета, Zee TV, Sport 1, Наука 2.0, Сарафан, Cartoon Network, Boomerang, CNN, TV 5 Monde and Беларусь 24;
-outside of the offer are retransmitted 22 TV stations: 4 THT, THT (Ru), NTV НТВ Мир, Moldova, Кинопоказ, CTC (Ru), Minimax, Бестселлер, РТР, favorite TV Планета, Realitatea TV Moldova 1, Eurosport, Матч, 3, ТВ ТВ Пятница, ТВ 2 ТВ, Kanal D, Ren TV Moldova Moldova, Agro, Мир ТВ, Звезда and ZU.
Through the CCA Decision nr. 9/45 29.03.2016, "TV Holercani" i was fine in the amount of $5400 for the same violation. So far, it is noted that "TV Holercani LLC has not paid the fine (the materials were sent to the bailiff).
In public debates, CCA members have proposed the withdrawal of authorisation for retransmission, as have been exhausted all sanctions that have been applied gradually, and things only get worse, which affects consumers and subscribers.
XIV. "TERINIS-PLUS" Ltd. (founder of the Studio cable TV "TV" of Bubuieci com. Bubuieci, mun. Chişinău) does not comply with the conditions of Authorisation relay series AB nr. 000176 from 22.04.13 (annex 1, Offer services of retransmitted programmes approved by decision No. APPROX. 12/59 of 15 April 2016). Namely:-offer services programs approved are not retransmitted 2 TV stations: RU TV Moldova and TV 5 Monde;
-outside of the offer are retransmitted 3 TV stations: Союз, Taraf and ТВ Мир.
In public debates, CCA members have warned dealers "VERTAMAR" Ltd., "" company, "PRIMANET CLIFF VILLAGE" and "TERINIS-PLUS" the necessity of strict respect for the supply of programmes retransmitted approved by CCA.
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 procedure and conditions for the issue of licences for broadcasting and retransmission authorisations, the audiovisual Coordinating Council DECIDES: 1. To apply the public warning "RINOVIT-LUX" SRL in the village of Cornești, Ungheni, for retransmission without authorization issued by CCA and the lack of contracts concluded with the relay for the owners of tv stations included in the offer in accordance with the provisions of art. 38 para. (2) (a). a) and (e)), para. (3) (a). the broadcasting code) (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
2. To apply the public warning "ARSACO LLC (founder of the Studio" AS TV-TV "in the village of Cojușna, Strășeni) according to art. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code) for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000222 from 17.05.16, released "ARSACO LLC (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
3. To apply the public warning "ART-CLUB" Ltd (founder of Studio ART-TV "TV". Străşeni), pursuant to article 5. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code) for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000193 from 20.06.14, released "ART-CLUB" (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
4. To apply the public warning "S&L PANIFCOM" (the founder of Studio TV "TV" in s. Hackett, r-nul Anenii Noi), in accordance with art. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code) for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000161 from 23.05.12, "S&L PANIFCOM" (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
5. Apply the public warning "RASV-TV LLC (founder of RASV-TV Studio" TV ". Căuşeni) according to art. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code) for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000133 from 07.02.11 awarded "RASV-TV" (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
6. Apply public warning "DONȚU-PRIM" SRL (founder of "DON TV-Studio TV. Ștefan Vodă), in accordance with art. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code) for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000153 from 29.03.12, released "DONȚU-PRIM" SRL (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
7. Apply the public warning "DACIANS" (founder of the Dacians "TV Studio in the village of Copceac, Ștefan Vodă), in accordance with art. 38 para. (2) (a). (e)), para. (3) (a). the broadcasting code) for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000221 from 17.05.16, released "DACIANS" (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
8. Apply a fine amounting to 1800 lei "Cryo" Tele (founder of TV Studio "Cryo-TV". Criuleni) according to art. 38 para. (2) (a). (e)), para. (3) (a). b) of broadcasting code, for repeated derogations in article 17. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000205 from 03.07.15, released "Tele Cryo LLC (PRO-(7)-HAMMER, o. BARBALATA, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO; CONS-(1)-Space. CARLSON).
9. withdraw relay series AB nr. 000174 from 25.03.13 awarded "TV" Holercani (founder of Studio TV "TV" in the village of Holercani Holercani, Dubasari) according to art. 38 para. (2) (a). (e)), para. (3) (a). c) of the broadcasting code, serious and repeated for derogation from art. 28 para. (1) of the broadcasting code, art. 36 para. (2) of the regulation on the procedure and conditions for the issue of licences for broadcasting and retransmission authorisations and failure to comply with point 1.4, 2.2, 3.1, lit. (b) of the conditions of Authorisation relay series AB nr. 000174 from 25.03.13 awarded "TV Holercani LLC (PRO-(8)-UNANIMOUS-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUȚUȚUI, c. ONCANU, m. d.-HADIRCA and VALENTINO).
10. "SRL," ARSACO ART-CLUB "Ltd," S&L PANIFCOM "," TV "RASV-," DONȚU-PRIM "SRL," DACIA "SRL and Cryo" Tele will present at the CCA, within 15 days after becoming aware of the date of this decision (receipt by registered mail of the decision), a report on entry into legality.
11. "SRL," ARSACO ART-CLUB "Ltd," VERTAMAR "Ltd.," "company," PRIMANET S&L PANIFCOM "Ltd," TV "RASV-," DONȚU-PRIM "SRL," DACIA "SRL," INNOCENT SAT "Ltd," Cryo "Ltd. and Tele" TERINIS-PLUS "Ltd. will stop immediately relay TV stations which are not provided for in the offer of services for programs retransmitted approved.

12. To compel "RINOVIT-LUX" SRL to scuttle, within 3 days from the date of bringing to it by registered letter а this decision, activity of retransmission of television stations up to obtaining all necessary acts issued by CCA for this activity.
13. To seize the competent organs, according to the legislation in force, concerning illegal activities (retransmission of TV stations) without holding the authorisation for retransmission contracts and retransmission of the "RINOVIT-LUX" SRL (Cornești, Ungheni).
14. "TV Holercani LLC will stop within 3 days from the date of bringing to it by registered letter а this decision, activity of retransmission of television stations and will refund the original Authorization of CCA license series AB No. relay 000174 from 25.03.13, which is declared invalid.
15. Direction control and digitalization will perform repeated checks to businesses listed on the implementation of this decision.
16. Bank details for the payment of fines ("Tele Cryo LLC will pay the fine within 10 days from the date of becoming aware of the present decision): fiscal code: 1006601000037 beneficiary: Ministry of Finance-State Treasury Bank Address: mun. Chisinau, str. Constantin Tănase 7.
IBAN: MDXXTR G 143111 AAA MANEL 0000 "XX"-control code which is formed according to the annex. 4 the Decision to the Board of the National Bank of Moldova No. 166 of 1 august 2013 "regulation on transfer of credit" (code number);
"RUBY"-code CATUM code locality according to speller (numeric code).
17. control of the execution of this decision, it shall exercise Direction control and digitalization and economics, finance and accounting.
18. In accordance with the provisions of art. 38 para. (9) of the broadcasting code, this decision may be appealed directly to the Court, without the need for a prior complaints.
19. The decision is enforceable as of the date of its adoption and to notify the vendor of services concerned by registered letter, with subsequent publication in the Official Gazette of the Republic of Moldova and in the web page of the CA.
20. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.

CCA BOARD CHAIRMAN Dinu CIOCAN