DTV at Ukrainian legislation

DTV at Ukrainian legislationDTV at Ukrainian legislation

Igor RozkladajIgor Rozkladaj

Media Law InstituteMedia Law Institute

Geneva-06 Agreement (RCC-06)Geneva-06 Agreement (RCC-06)25.07.1997 25.07.1997 – – Ukraine with other ITU members signed an anagreement “Chester-97” Ukraine with other ITU members signed an anagreement “Chester-97”

((Multilateral Coordination Agreement relating to Technical Criteria, Coordination Principles and Procedures for the introduction of Terrestrial Digital Video Broadcasting (DVB-T).

14.05.2003 14.05.2003 – – ITU adopted a Resolution ITU adopted a Resolution 1185 (1185 (modifiedmodified) ) which which resolvesresolves to conveneto convene Regional Radiocommunication Conference for planning of the digital Regional Radiocommunication Conference for planning of the digital terrestrial broadcasting service in parts of Regions 1 and 3 , in the Frequency terrestrial broadcasting service in parts of Regions 1 and 3 , in the Frequency Bands 174‑230 MHz and 470-862 MHz. Bands 174‑230 MHz and 470-862 MHz.

10-28.04.2004 – 10-28.04.2004 – 11stst session of RRC session of RRC ((RRC-04)RRC-04) about planning DTV in parts of Regions 1 and 3 , about planning DTV in parts of Regions 1 and 3 , in the Frequency Bands 174‑230 MHz and 470-862 MHzin the Frequency Bands 174‑230 MHz and 470-862 MHz in Resolutionin Resolution СОМ5/1 СОМ5/1 discovered inter-sessiondiscovered inter-session planning groupplanning group ( (IPG)IPG)

V-VI.2006V-VI.2006 – – 22ndnd session of RRC session of RRC (RRC-06) (RRC-06)16.06.200616.06.2006 – – Agreement Geneva-2006 about implementation of DTV in Region 1Agreement Geneva-2006 about implementation of DTV in Region 1 was was

signedsignedFrom Ukraine it was signed by Wasyl’ Handabura (deputy minister of Transport and From Ukraine it was signed by Wasyl’ Handabura (deputy minister of Transport and Communications of Ukraine) and Olena Ulasenko (deputy chief of the radio technology Communications of Ukraine) and Olena Ulasenko (deputy chief of the radio technology department of the State Administration of Communications of Ukraine). department of the State Administration of Communications of Ukraine).

17.07.2007 17.07.2007 – “– “Geneva-2006Geneva-2006” ” came into forcecame into force. . Period for switching analog to digital Period for switching analog to digital broadcastion in Region 1 started.broadcastion in Region 1 started.

17.07.201517.07.2015 – – date of full switch off analog broadcasting in Region 1date of full switch off analog broadcasting in Region 1 ( (artart.12).12)

RewiewRewiew: : Law on TV and radioLaw on TV and radio

19.06.2003 – 19.06.2003 – Group of MP’s introduced a draft law on TV and radio Group of MP’s introduced a draft law on TV and radio broadcasting (new edition) broadcasting (new edition)

20.11.200320.11.2003 – – draft adopted in 1draft adopted in 1stst reading reading

2004/2004/2002005 – 5 – parliament’s committee on freedom speech and information parliament’s committee on freedom speech and information prepared draft law for 2prepared draft law for 2ndnd reading reading

12.01.2006 – 12.01.2006 – Law On TV ad radio broadcastingLaw On TV ad radio broadcasting adoptedadopted

03.02.200603.02.2006 – – UHU and MLI asked for President’s veto on this lawUHU and MLI asked for President’s veto on this law

01.03.200601.03.2006 – – Law On TV ad radio broadcastingLaw On TV ad radio broadcasting take into forcetake into force

Parliament of UkraineParliament of UkraineLaw on State budget on year 2006Law on State budget on year 2006

Introducing the 1Introducing the 1stst phase of DTV in Ukraine – 10 millions UAH (1,8 million USD) phase of DTV in Ukraine – 10 millions UAH (1,8 million USD)

Law on State budget on year 2007Law on State budget on year 2007

Starting the synchronous zones of the digital terrestrial broadcasting Starting the synchronous zones of the digital terrestrial broadcasting –– 10 millions UAH (1,8 million USD) 10 millions UAH (1,8 million USD)

Parliament of UkraineParliament of Ukraine

Government activityGovernment activity Draft of the Decree On introducing digital TV in UkraineDraft of the Decree On introducing digital TV in Ukraine

Start of improvement of DTV in Ukraine – January 1Start of improvement of DTV in Ukraine – January 1stst 2006 2006

““Ukrainian legislation has no regulation of digital TV. Thus one of purposes of this Plan is a Ukrainian legislation has no regulation of digital TV. Thus one of purposes of this Plan is a drafting of the amendments to the Law On TV and radio broadcasting, On frequency drafting of the amendments to the Law On TV and radio broadcasting, On frequency resource, On telecommunications, On National TV and Radio Council (final date – September resource, On telecommunications, On National TV and Radio Council (final date – September 2006)2006)

Government activityGovernment activity Decree #815Decree #815 onon June June 99thth 2006 р. “2006 р. “On approval of the frequency plan of UkraineOn approval of the frequency plan of Ukraine””

Deadline for CDMA-800, which used frequencies of DTV Deadline for CDMA-800, which used frequencies of DTV –– 01/01/2006. 01/01/2006. (до 01.01.2016). (до 01.01.2016). Assignment of analog broadcastingAssignment of analog broadcasting >10>1000 W W – – till till 01.06.2006, 01.06.2006, <<100 Вт – 100 Вт – tilltill 01.01.2007 01.01.2007

Decree #Decree # 914 on July 3914 on July 3rdrd “About procedure of using funds of the State Budget 2006 for “About procedure of using funds of the State Budget 2006 for introducing the 1introducing the 1stst phase of DTV in Ukraine phase of DTV in Ukraine development the Program of the 1development the Program of the 1stst phase of DTV and its introduction in Crimea, Kyiv, Luhansk, Zakarpattya regions; phase of DTV and its introduction in Crimea, Kyiv, Luhansk, Zakarpattya regions;development of the domestic multiplexers; development of the domestic multiplexers; software development for DTV monitoring;software development for DTV monitoring;

Order of KMU # 592-r on November Order of KMU # 592-r on November 3030thth 2006 2006 ““On adoption Conception of the State program of introduction DTV”:On adoption Conception of the State program of introduction DTV”:

Ministry of Transport and Communication – customer of Program. Ministry of transport and communication with the concerned central authorities Ministry of Transport and Communication – customer of Program. Ministry of transport and communication with the concerned central authorities and the National Council on TV and Radio Broadcasting not later than 4 moths must develop and submit to the Cabinet of Ministers of Ukraine draft and the National Council on TV and Radio Broadcasting not later than 4 moths must develop and submit to the Cabinet of Ministers of Ukraine draft State Program of the introduction of digital broadcasting.State Program of the introduction of digital broadcasting.

Decree #199on February 14Decree #199on February 14thth 20072007 “About procedure of using funds of the State Budget for starting the synchronous zones of the “About procedure of using funds of the State Budget for starting the synchronous zones of the digital terrestrial broadcastingdigital terrestrial broadcasting ””

State Administration of communication –– main beneficiary of State budget funds. It’s uses for network development project and for BRT Concern, which obliged for development and submitting design estimates of segment of digital broadcasting and of segment of digital broadcasting and setting setting it it into operationinto operation

Government activityGovernment activity Decree # 1085 on November 26Decree # 1085 on November 26thth 2008 2008 ((finally went into force finally went into force 22.04.2009) 22.04.2009)

““On adoption State Program on introducing DTVOn adoption State Program on introducing DTV ”: ”:

Activities for introduction DTVActivities for introduction DTV: :

providing coordination of activities of central and local executive bodies, business, institutions, providing coordination of activities of central and local executive bodies, business, institutions, organizations on introduction DTV organizations on introduction DTV

revising principles of regulation activity of TV companies and operators in case of digital technology and revising principles of regulation activity of TV companies and operators in case of digital technology and broadening channelsbroadening channels

implementation amendments to TV and radio, telecommunication legislation on licensing operators, implementation amendments to TV and radio, telecommunication legislation on licensing operators, organization and functioning DTVorganization and functioning DTV

State customer-coordinator State customer-coordinator – – Ministry of transport and communicationsMinistry of transport and communications Program directorProgram director - - Minister of transport and communicationsMinister of transport and communications ExecutivesExecutives - - Ministry of transport and communicationsMinistry of transport and communications, , State TV and Radio committee, BTR Concern, National TV and Radio Council, State TV and Radio committee, BTR Concern, National TV and Radio Council, NNтелебачення, Національна рада України з питань телебачення і радіомовлення, телебачення, Національна рада України з питань телебачення і радіомовлення, NCRCNCRC, , NSAUNSAU, , MIPU, MDUMIPU, MDU

TermsTerms: 2008-2015 . : 2008-2015 . Price: 4,3 billions UAH (near 9 millions from State Budget and the rest – 4,91 billion –capital investment and other resources)Price: 4,3 billions UAH (near 9 millions from State Budget and the rest – 4,91 billion –capital investment and other resources)

Decree #1039Decree #1039 on November 26on November 26thth 2008 2008 ““On assignation BRT Concern to Ministry of Transport and Communications” On assignation BRT Concern to Ministry of Transport and Communications” ((finally went into finally went into force force 22.04.2009) 22.04.2009)

National TV and radio council activityNational TV and radio council activityDecisionDecision ## 548 548 on on 28.09.2005 “ 28.09.2005 “About introduction working group in the About introduction working group in the National TV and radio council on introduction digital terrestrial broadcastingNational TV and radio council on introduction digital terrestrial broadcasting”:”:

““Listened executive secretary mr. Vladislav Lyasowski, notices proposals of JSC “UDTN”, which is ready to be an operator of Listened executive secretary mr. Vladislav Lyasowski, notices proposals of JSC “UDTN”, which is ready to be an operator of experimental multi-channel digital network decides to introduce working group on research a conditions of introduction digital TV experimental multi-channel digital network decides to introduce working group on research a conditions of introduction digital TV in Ukraine.in Ukraine.

Members of working group:Members of working group:

Vladyslav LyasowskiVladyslav Lyasowski - - executive secretary, member of National council, head of working groupexecutive secretary, member of National council, head of working group Yuriy StorozhukYuriy Storozhuk – – first deputy head of National councilfirst deputy head of National council Ihor KurusIhor Kurus – – deputy head of National councildeputy head of National council Yuriy Plaksiuk - Yuriy Plaksiuk - member of National councilmember of National council Viktor Ponedilko - Viktor Ponedilko - member of National councilmember of National council V.Lasorenko – V.Lasorenko – head of department of head of department of scientific and technicalscientific and technical and frequincy development of National council and frequincy development of National council A. Novitski – A. Novitski – head of licensing departmenthead of licensing department

Working group not later that Working group not later that November 15November 15th th 2005 2005 must put forward a proposals of introduction DTV in Ukraine must put forward a proposals of introduction DTV in Ukraine

National TV and radio council activityNational TV and radio council activity 16.11.200516.11.2005 – – DecisionDecision # # 741 “741 “On Decree of KMU On introducing digital TV in On Decree of KMU On introducing digital TV in UkraineUkraine“:“:

Decided to adopt Decree…Decided to adopt Decree…

21.12.200521.12.2005 – – 11stst experimental digital contest in DVB-T (MPEG-2 encoding, 4 TV- experimental digital contest in DVB-T (MPEG-2 encoding, 4 TV-channels)channels)

09.03.200609.03.2006 – – 5 companies win contest for DTV broadcasting in Kyiv 5 companies win contest for DTV broadcasting in Kyiv ::

4141stst channel - DE channel - DE « «Era ProductionEra Production», 1,3 », 1,3 kWtkWt;; 4343rdrd channel - channel - «Т«ТRCRC “ “Express-InformExpress-Inform”»”» Ltd Ltd, 0,5 , 0,5 kWtkWt;; 5151stst channel - JSC “UDTN” & channel - JSC “UDTN” & ««TRCTRC “Е “ЕTERTER”»”» Ltd Ltd, , 0,5 kWt0,5 kWt 6464thth channel - channel - ««Gamma ConsultingGamma Consulting»» Ltd Ltd, 0,2 , 0,2 kWtkWt

««TRCTRC “Е “ЕTERTER”»”» relinquished and later became of DVB-H provider relinquished and later became of DVB-H provider

National TV and radio council activityNational TV and radio council activity 03.10.200703.10.2007 – – Decision #Decision # 1260 “ 1260 “On amendments and additions to the Plan of developing national TV On amendments and additions to the Plan of developing national TV and radio and radio space in case of introduction of 1space in case of introduction of 1stst phase of DTV” phase of DTV” – – founded founded МХ1-3 МХ1-3 in MPEG-in MPEG-22 encoding encoding, , МХМХ--4,5 4,5 in in MPEG-4 encoding, MPEG-4 encoding, МХ-6 – МХ-6 – DVB-H, MX7,8 – HDTV.DVB-H, MX7,8 – HDTV. National council decided about 7 phases National council decided about 7 phases of of switching to digital broadcastingswitching to digital broadcasting 05.12.200705.12.2007 – – Decision # Decision # 1711 1711 finalized experimental contest in Kyivfinalized experimental contest in Kyiv

Decisions # Decisions # 1712, 1713 1712, 1713 provides who’ll be in MX-1-3 and announced contest fro MX-4provides who’ll be in MX-1-3 and announced contest fro MX-4 02.04.200802.04.2008 – – winners on winners on МХ-4 МХ-4 contest contest ((Decisions #Decisions # 657-№666) 657-№666) 23.04.200823.04.2008 – – Decision Decision ““On amendments to decision #On amendments to decision # 1713 1713. One encoding – MPEG-4, MX-1 – coded, . One encoding – MPEG-4, MX-1 – coded, MX-2-3 –MX-2-3 – nationalwide. nationalwide. 16.07.200816.07.2008 – – Decision Decision ##13371337 ““On introduction regional digital channelOn introduction regional digital channel МХ-5” МХ-5”

Decision #1338 On introduction regional digital channelDecision #1338 On introduction regional digital channel МХ-6” МХ-6” - DVB-H- DVB-H 31.03.200931.03.2009 – – Decision # Decision # 587 587 National council temporarily allows UDTN broadcast another TV-National council temporarily allows UDTN broadcast another TV-companiescompanies 01.04.200901.04.2009 – – Start of Start of МХ-4. МХ-4. At this time we have 4/81 zones (## 17,18, 70, 74)At this time we have 4/81 zones (## 17,18, 70, 74) 16.09.200916.09.2009 – – Decision #Decision # 1824 1824 all winners will be inspectedall winners will be inspected

Law on TV and radio broadcastingLaw on TV and radio broadcastingArticlesArticles, , which touched to DTV in the last edition of TV and radio broadcasting law:which touched to DTV in the last edition of TV and radio broadcasting law:

Article 1. TermsArticle 1. Terms

multi-channel TV network (cable or terrestrial)multi-channel TV network (cable or terrestrial) - telecommunications network designed to transmit TV and radio programs, as - telecommunications network designed to transmit TV and radio programs, as well as other telecommunication and multimedia services, can provide simultaneous broadcast of more than one TV and radio well as other telecommunication and multimedia services, can provide simultaneous broadcast of more than one TV and radio programs and can integrate with other public telecommunications networks; programs and can integrate with other public telecommunications networks; multichannel television network operatormultichannel television network operator - an entity (legal or natural person), which provides maintenance and technical - an entity (legal or natural person), which provides maintenance and technical operation of multichannel television network under the Law of Ukraine "On Telecommunications", without providing the program operation of multichannel television network under the Law of Ukraine "On Telecommunications", without providing the program (information) services;(information) services; software packagesoftware package - a list of TV and radio programs, which software services provider offers to subscribers on a contractual basis - a list of TV and radio programs, which software services provider offers to subscribers on a contractual basis as an integrated information service; as an integrated information service; provider of software servicesprovider of software services - an entity that is under the license issued by the National Council of Ukraine on Television and - an entity that is under the license issued by the National Council of Ukraine on Television and Radio, on a contractual basis, providing subscribers the ability to view packages using these programs to transmit multi-channel TV Radio, on a contractual basis, providing subscribers the ability to view packages using these programs to transmit multi-channel TV network resources; network resources;

Article 22Article 22.. Introducing and development broadcasting channels, networks, TV-networksIntroducing and development broadcasting channels, networks, TV-networks

7. The switching from analog to digital broadcasting realized in accordance with the Development Plan. 7. The switching from analog to digital broadcasting realized in accordance with the Development Plan. 8. National Council promotes the introduction of digital broadcasting and related technological upgrading of existing channels and 8. National Council promotes the introduction of digital broadcasting and related technological upgrading of existing channels and broadcast networks. Changing the broadcasting license terms during the transition from analog to digital broadcasting in terms of broadcast networks. Changing the broadcasting license terms during the transition from analog to digital broadcasting in terms of changes in process parameters, type of broadcasting (switching to multi-channel broadcasting) and changes the concept of changes in process parameters, type of broadcasting (switching to multi-channel broadcasting) and changes the concept of broadcasting program performed by the procedure prescribed by this Law reissuing licenses to broadcast. broadcasting program performed by the procedure prescribed by this Law reissuing licenses to broadcast. 9. In case the licensee within two months from the moment of channel or network readiness for the introduction of digital 9. In case the licensee within two months from the moment of channel or network readiness for the introduction of digital broadcasting has not submitted to the National Council the appropriate application of re-licensing, the National Council announces broadcasting has not submitted to the National Council the appropriate application of re-licensing, the National Council announces the licensing of multichannel broadcasting. However, the current licensee has right to broadcast on one channel of the new digital the licensing of multichannel broadcasting. However, the current licensee has right to broadcast on one channel of the new digital multichannel network. multichannel network. 12. The number of channels, networks and broadcast TV network, which involves the use of radio frequency resource of Ukraine in 12. The number of channels, networks and broadcast TV network, which involves the use of radio frequency resource of Ukraine in each territorial category, taking into account broadcasting using digital technology, determined by National council. each territorial category, taking into account broadcasting using digital technology, determined by National council.

Law on TV and radio broadcastingLaw on TV and radio broadcastingArticlesArticles, , which touched to DTV in the last edition of TV and radio broadcasting law:which touched to DTV in the last edition of TV and radio broadcasting law:

Article 23. Licensing of broadcasting Article 23. Licensing of broadcasting

5. Digital broadcasting 5. Digital broadcasting inin radio frequency resource of Ukraine is licensed as a multichannel broadcasting. radio frequency resource of Ukraine is licensed as a multichannel broadcasting. 7. On a competitive basis by issuing licenses to: 7. On a competitive basis by issuing licenses to: multichannel broadcasting with multichannel broadcasting with using of radiousing of radiofrequency resourcefrequency resource

8. No competitions are issuing licenses to: 8. No competitions are issuing licenses to: Broadcasting on channel broadcast multichannel television networks ether in the case provided for ninth part of Article 22 of this Law. Broadcasting on channel broadcast multichannel television networks ether in the case provided for ninth part of Article 22 of this Law.

Article 24. Application for grant (continuArticle 24. Application for grant (continuee) licenses for broadcasting ) licenses for broadcasting

2. The statement must contain the following information: 2. The statement must contain the following information: e) characteristics of channels, network broadcasting, multichannel television networks: e) characteristics of channels, network broadcasting, multichannel television networks: for broadcasting in multi-TV network and multi-Broadcast - telecommunications operator that provides service and maintenance of television networks, location of for broadcasting in multi-TV network and multi-Broadcast - telecommunications operator that provides service and maintenance of television networks, location of the main station the main station of the of the multichannel network, the maximum number of channels (source) multichannel network, the maximum number of channels (source) of of multi-channel network, location area (reception) multi-channel network; multi-channel network, location area (reception) multi-channel network;

Article 25. Competition for the licensing Article 25. Competition for the licensing forfor broadcasting broadcasting

1. As a result of open competitions licenses 1. As a result of open competitions licenses granted for broadcasting granted for broadcasting with uswith usinging of frequency resources, as well as broadcast on free channels of multichannel of frequency resources, as well as broadcast on free channels of multichannel networks. networks.

Article 27. License Article 27. License for broadcasting for broadcasting

1. Broadcasting license 1. Broadcasting license grantedgranted not later than ten days after the adoption not later than ten days after the adoption by the by the National Council decision National Council decision in case of in case of payment of license fee and is the only legitimate payment of license fee and is the only legitimate reason reason forfor broadcast broadcastinging 3. 3. LLicense icense has such information:has such information: detailed characteristics of channels, network broadcasting, multichannel television networks: the frequency (frequencies), the location and power of the transmitter detailed characteristics of channels, network broadcasting, multichannel television networks: the frequency (frequencies), the location and power of the transmitter (transmitters), the area distribution of programs, locate the main station of multichannel television network, the maximum number of channels (source) multi-channel (transmitters), the area distribution of programs, locate the main station of multichannel television network, the maximum number of channels (source) multi-channel television network, location area (reception) multichannel networks ; television network, location area (reception) multichannel networks ;

Law on TV and radio broadcastingLaw on TV and radio broadcasting

ArticlesArticles, , which touched to DTV in the last edition of TV and radio broadcasting law:which touched to DTV in the last edition of TV and radio broadcasting law:

ArticleArticle 31. 31. License feeLicense fee

5. 5. Fee on re-registration about changing analog to digital the same as fee on new registration of multi-channel broadcasting.Fee on re-registration about changing analog to digital the same as fee on new registration of multi-channel broadcasting.

Стаття 35. Стаття 35. License re-registration License re-registration

8. 8. Statement on license changing cause of switching from analog to digital broadcasting considered during 1 month. Statement on license changing cause of switching from analog to digital broadcasting considered during 1 month.

Стаття 36. Стаття 36. License period of validityLicense period of validity

1. 1. License on broadcasting granted on period, established by National council bun not less than:License on broadcasting granted on period, established by National council bun not less than:

for terrestrial broadcasting and multi-TV-channels broadcasting in multi-channels networks – for 7 yearsfor terrestrial broadcasting and multi-TV-channels broadcasting in multi-channels networks – for 7 years ; ;

Law on TV and radio broadcastingLaw on TV and radio broadcastingSection IV. TELEVISION AND RADIO BROADCASTING IN MULTI-CHANNEL TV network. Section IV. TELEVISION AND RADIO BROADCASTING IN MULTI-CHANNEL TV network. Collective admission. Relay Collective admission. Relay

Article 39. Broadcasting in multichannel TV networkArticle 39. Broadcasting in multichannel TV network

1. Multichannel television networks as a telecommunication network are created, 1. Multichannel television networks as a telecommunication network are created, registratedregistrated, maintained and protected in accordance with the , maintained and protected in accordance with the Law of Ukraine "On Telecommunications". Law of Ukraine "On Telecommunications". 2. For TV and radio 2. For TV and radio broadcastingbroadcasting and transmission and transmission inin multichannel television network entities must obtain the appropriate license from the multichannel television network entities must obtain the appropriate license from the National Council. National Council. 3. The right to distribute TV and radio programs in the multi-TV network has only: 3. The right to distribute TV and radio programs in the multi-TV network has only: a) TV and radio broadcastinga) TV and radio broadcasting, which o, which obtained btained licenses withlicenses with use of multichannel television network resource in accordance with Article 23 of use of multichannel television network resource in accordance with Article 23 of this Law; this Law; b) entities, which the National Council b) entities, which the National Council grantedgranted a license provider of software services. a license provider of software services. 4. TV and radio4. TV and radio companies companies broadcast with multichannel television network resource in accordance with the terms of license agreements with broadcast with multichannel television network resource in accordance with the terms of license agreements with broadcasters and multichannel television network operator. broadcasters and multichannel television network operator. 5. ISP programming services using multi-channel TV network based 5. ISP programming services using multi-channel TV network based on on provider licenses and agreements with multichannel television provider licenses and agreements with multichannel television network operator. network operator. 7. Providing software services is based on an agreement between the subscriber and the licensee concluded according to law. The agreement 7. Providing software services is based on an agreement between the subscriber and the licensee concluded according to law. The agreement must determine: must determine: type provided by the software packages (a package type provided by the software packages (a package consist of consist of universal service program, a standard package or individual package on request); universal service program, a standard package or individual package on request);

list of list of TV and TV and radio programs that a provider agrees to provide radio programs that a provider agrees to provide to to the cthe customerustomer; ; fee for the package and / or a fee for providing fee for the package and / or a fee for providing separateseparate TV and TV and radio programs. radio programs.

Article 40. Licensing of providers of software services Article 40. Licensing of providers of software services

1. To organize activities (broadcast1. To organize activities (broadcastinging) ) of cable TV and radioof cable TV and radio broadcasting entity (provider or operator of telecommunications or cable broadcasting entity (provider or operator of telecommunications or cable operators) must obtain a license (permission) of the National Council. operators) must obtain a license (permission) of the National Council.


ProblemProblem 1. 1. State Program on introduction DTV in UkraineState Program on introduction DTV in Ukraine

Present provisions:Present provisions:

Article 7Article 7

2. KMU provides realization of state policy of TV and radio, coordinates activity of central authorities in 2. KMU provides realization of state policy of TV and radio, coordinates activity of central authorities in this fieldthis field

Possible decisionPossible decision::

KMU KMU must organize Coordination council which provides step-by-stepmust organize Coordination council which provides step-by-step State program with concrete State program with concrete activities of each state authority, with terms and responsibilities.activities of each state authority, with terms and responsibilities.

MP’s – members of Committee of the freedom of speech and information jointly with media lawyers and MP’s – members of Committee of the freedom of speech and information jointly with media lawyers and technical experts in urgent regime prepares amendments to legislation on TV and radiontechnical experts in urgent regime prepares amendments to legislation on TV and radion

Possible problems:Possible problems:

Sabotage from state authoritiesSabotage from state authorities

Law on TV and radio broadcastingLaw on TV and radio broadcastingProblemProblem 2. 2. Monopoly preventing (media property and concentration)Monopoly preventing (media property and concentration)

Present provisions:Present provisions:

ArticleArticle 8 8 1. 1. No one can control over the 35 % of corresponding TV market – national wide, regional or local. No one can control over the 35 % of corresponding TV market – national wide, regional or local. 3. 3. One legal person can have only one license on each corresponding segment of TV market - national wide, regional or localOne legal person can have only one license on each corresponding segment of TV market - national wide, regional or local

Стаття 24Стаття 245. To ensure compliance with set limits of antitrust laws and restrictions on the share of foreign owners in the statutory fund TV and 5. To ensure compliance with set limits of antitrust laws and restrictions on the share of foreign owners in the statutory fund TV and radio The National Council has the right: radio The National Council has the right: additionally ask for and receive from TV and radio information on the allocation of shares in statutory funds of legal persons who additionally ask for and receive from TV and radio information on the allocation of shares in statutory funds of legal persons who are its founders and owners, including shareholders are its founders and owners, including shareholders


1) 1) Introducing adequate limit of licenser per one person (For example: Introducing adequate limit of licenser per one person (For example: 2 2 places on nationalwide MX + 2 in regional + X non-places on nationalwide MX + 2 in regional + X non-synchronized networks)synchronized networks)2) 2) Full medial transparencyFull medial transparency3) 3) Limitation of off-shoresLimitation of off-shores

Possible hindersPossible hinders::

Off-shores ownersOff-shores owners

Law on TV and radio broadcastingLaw on TV and radio broadcastingProblemProblem 3. 3. ProviderProvider vs. vs. OperatorOperator

Analog terrestrial broadcastingAnalog terrestrial broadcasting::

TVRC – TV and radio companyTVRC – TV and radio company

TVRCOperator

AirNational

Council on TV and radio

Broadcastinglicense


CableCable / / satellite broadcastingsatellite broadcasting::

TVRCOperator

National Council on TV

and radio

Broadcastinglicense

Provider

satellitesatellite

cable

Agreement/payments

TVRC TVRC

TVRCTVRC

TVRCTVRCTVRC

TVRC

FreeFree

License

Agreement


Digital terrestrial broadcastingDigital terrestrial broadcasting::

Operator MX

Air

TVRC TVRC

TVRC TVRC

TVRC TVRC

TVRCTVRC

TVRC TVRC

Provider*MX (coded)

Agreement/payment

** Provider nor pack TV channels, Provider nor pack TV channels, but take payments for coded channels but take payments for coded channels

FreeFree

Agreement

National Council on TV

and radio

Broadcastinglicense

License


Posiible decisionPosiible decision::

1) 1) PrividerPrivider for DTV isnfor DTV isn’t useful, because National TV and Radio Council decides who’ll be in ’t useful, because National TV and Radio Council decides who’ll be in multiplexmultiplex

2) 2) New edition on broadcasting law has a special “provider of DTV” which involved only New edition on broadcasting law has a special “provider of DTV” which involved only when we have coded multiplex. This type of provider has less fwhen we have coded multiplex. This type of provider has less functionalityunctionality than than cable/satellitecable/satellite

AnalogAnalog DigitalDigital CableCable SatelliteSatellite

OperatorOperator Provides signal transmission Provides signal transmission

ProviderProvider No. Each TV company has No. Each TV company has own TV channelown TV channel ?? Packing TV channels, Packing TV channels,

Concludes a treaty with Concludes a treaty with customers and TV customers and TV companiescompanies

Only for coded TV Only for coded TV channels channels

Law on TV and radio broadcastingLaw on TV and radio broadcastingProblemProblem 4. 4. LanguageLanguage

At this timeAt this time::

Article 10Article 10. . Using languages in TV company’s information activityUsing languages in TV company’s information activity 1. 1. TV companies broadcasts on state languageTV companies broadcasts on state language. . 2. 2. Broadcasting on some territory could be on minority languages, which lives compact on this territory. Broadcasting on some territory could be on minority languages, which lives compact on this territory. 3. 3. If language of original isn’t Ukrainian. Such programs could be broadcasted only with dub on UkrainianIf language of original isn’t Ukrainian. Such programs could be broadcasted only with dub on Ukrainian


Broadcasting must have dub or post scoring track on Ukrainian and on minority language. Also possible alternatives tracks on other Broadcasting must have dub or post scoring track on Ukrainian and on minority language. Also possible alternatives tracks on other languages - English, Polish etc.languages - English, Polish etc.


ProblemProblem 5. 5. Transmitters and multiplexers Transmitters and multiplexers

The main thing is not to provide transmitters and, especially multiplexers to TV companies or affiliated The main thing is not to provide transmitters and, especially multiplexers to TV companies or affiliated persons. persons.

DecisionDecision:: Use the same Use the same arrangementsarrangements as in probl. 2 as in probl. 2

ProblemProblem 6. 6. AdvertisementAdvertisement

Ad Ad creeping linecreeping lines and other plugs not corresponding wit ad quotess and other plugs not corresponding wit ad quotes

DecisionDecision:: Provide in law quotes for such adverisementProvide in law quotes for such adverisement

Problem Problem 7. 7. PSB/PBSPSB/PBS

DecisionDecision:: Provide in law guarantee for stable broadcastings of PSBProvide in law guarantee for stable broadcastings of PSB


QuestionQuestion 8. 8. License feeLicense fee

ArticleArticle 31. 31.

5. 5. Fee on re-registration about changing analog to digital the same as fee on new registration of multi-channel broadcasting. Fee on re-registration about changing analog to digital the same as fee on new registration of multi-channel broadcasting.

The main problem of this norm that the different companies has different license term. Thus some The main problem of this norm that the different companies has different license term. Thus some companies de-facto will pay double fee. companies de-facto will pay double fee.

DecisionDecision::

New edition of Law on the TV and radio broadcasting must contain a provisions about introducing DTV New edition of Law on the TV and radio broadcasting must contain a provisions about introducing DTV e.g. minimal fee for all broadcasters of vired fee for different broadcasters.e.g. minimal fee for all broadcasters of vired fee for different broadcasters.

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DTV at Ukrainian legislation

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Transcript of DTV at Ukrainian legislation