The National Authority for Management and Regulation in Communications (ANCOM) submits to public consultation a draft decision for establishing the procedure and the terms under which the use of radio frequencies in view of providing audio-visual programme services in the analogue and digital terrestrial systems is approved, as well as for establishing the legal regime for the broadcasting licence, the licence for the use of radio frequencies in digital terrestrial system, the technical authorisation and the radio frequency assignment authorisation granted for the operation of the broadcasting stations under Romania’s jurisdiction which are used for providing any type of audio-visual programme service.
The draft decision launched for public consultation distinguishes between the authorisation procedure for the provision of audio-visual programme services over terrestrial radio frequencies in analogue system and the authorisation conditions for the provision of audio-visual programme services in digital terrestrial system, the regulations applicable to both types of procedure concerning only the transfer of the rights to use radio frequencies, the cessation or revocation of the rights granted under the licence.
Thus, the normative act establishes a 9-year validity term of the licence for the broadcasting in analogue system, from the date the first technical authorisation was issued. Such term can be extended only if the terms and conditions imposed by the National strategy on the switchover from the analogue terrestrial television to the digital terrestrial television are properly observed. The digital switchover is due to take place by 1 January 2012, for the transmitters in the UHF band, and by 17 June 2015, for the transmitters in the VHF band, respectively. Furthermore, the act provides that within 24 months from the date the decision now under public consultation enters into force, ANCOM will review the rights for the use of radio frequencies, granted previously to its publishing, for the radio terrestrial broadcasting of radio and television public services in analogue system.
According to the draft decision, the licence for the use of radio frequencies in view of providing audio-visual programme services in digital terrestrial system is granted by ANCOM to the multiplex operators under the terms of the Audiovisual Law, which also establishes the conditions for extending the validity term. As well, the draft decision differentiates between three types of administrative acts for which the providers of such services must obtain the ANCOM authorisation: the licence for the use of radio frequencies in digital terrestrial system (LUF), the technical authorisation (AT) and the radio frequency assignment authorisation (AAF). Thus, before starting to set up the broadcasting stations, the LUF holders will need to obtain the radio frequency assignment authorisation, whereby ANCOM establishes the specific technical conditions under which the broadcasting stations within the structure of the electronic communications network are to be installed.
With the entry into force of the decision submitted for public consultation by ANCOM, the Decision of the president of the General Inspectorate for Communications and Information Technology no.385/2005 on the procedure of authorising the broadcasting and retransmission of audio-visual programme services is repealed.
The draft decision is available for consultation on the ANCOM website, here. The interested persons are invited to send their comments and suggestions, by 17.08.2010, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, or directly to the Authority’s Registry Office. Comments and recommendations may also be sent by fax to +40 372 845 404 or by e-mail to consultare@ancom.org.ro.