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23. 02. 2010

ANEM’S WRITTEN SUGGESTIONS – PILLARS OF PUBLIC POLICY – IN THE PREPARATION OF ELECTRONIC MEDIA FOR THE TRANSITION TO DIGITAL BROADCASTING

Recognizing the importance of the process of digitalization and the seriousness of the changes affecting electronic media, ANEM has actively participated in the public discussion about the Digitalization Strategy, representing the interests of its member stations. Many ANEM proposals have been accepted and included in the Strategy, which was adopted on July 2, 2009.

The Action Plan, adopted together with the Strategy, provides for further measures that are necessary for the successful implementation of that strategically important document. However, the delay in the realization thereof has compromised the planned dynamics of process of transition from analogue to digital TV broadcasting, which seriously threatens ANEM's member stations and other broadcasters as well.

Wishing to contribute to the continuation of preparations for a successful transition from analog to digital broadcasting in a manner that will not endanger the freedom of expression and encourage media pluralism in Serbia, ANEM has, in cooperation with its legal representatives - law office „Zivković&Samardzić" - addressed a letter to the Ministry of Telecommunications and Information Society on February 23, 2010. The letter contained suggestions concerning the topics that should form the basis of a responsible public policy in the area of digitalization, especially relative to regional and local broadcasters.

The main suggestions ANEM has presented to the Ministry are the following:

1. The necessity to inform in advance the owners, management and editors of local and regional media, as well as local self-government, about the digitalization process and the challenges, costs and activities it entails for them.

The Ministry should elaborate on and implement adequate mechanisms for informing local and regional media and local self-government about the digitalization process; at the same time it is important to predefine the rights and obligations of commercial broadcasters in the process of transition from analog to digital broadcasting, with respect to the rights those broadcasters enjoy under the current licenses.
Rules need to be urgently drafted about the transition from analog to digital radio and TV broadcasting and the access to Multiplex in terrestrial digital broadcasting, which is provided for by the Action Plan, with the participation of the media and media associations' representatives.

2. The necessity of coordinated urgent activities of both regulatory bodies and the Ministry in order to adapt the existing broadcasting licenses to the conditions of digital terrestrial broadcasting, in a manner that will not affect the program aspect, change the service zone and shorten the validity period of the licenses, in keeping with the Strategy.

The aforementioned competent authorities should coordinate their positions about the manner in which the licenses will be adapted, as well as about the competence, form and procedure of the issuance of licenses in the complex architecture of the digital broadcasting chain.
This dialogue should also include the representatives of the media and media associations, in order to prepare them on time for all the changes the digitalization process entails.
The Rules on the transition from analog to digital radio and TV broadcasting and the access to Multiplex in terrestrial digital broadcasting need to be passed as soon as possible, with the participation of the media and media associations' representatives.

3. The Ministry must promptly inform the public about the progress in the drafting of the conceptual design of the distribution network, proposed by RATEL and adopted by the Ministry, which will ultimately determine the mechanisms, namely access to the network, as well as the overall costs of signal distribution.

The drafting of the project should be preceded by public consultations with future network users.
If the draft has already been made, it must be tabled for public discussion.

4. Due to the need to harmonize the national regulatory framework with the Audiovisual Media Services Directive, in accordance with the Digitalization Strategy, the Ministries of Telecommunications and Information Society, Culture and Trade and Services must coordinate their activities.

The former ministry should, in coordination with the latter two - whose working groups are preparing the amendments to the Broadcasting Law and the new Law on Advertising - make sure that these already ongoing regulatory initiatives are implemented so as for these regulations to be formulated in accordance with the requirements of the digitalization process and the Directive.

In addition to the above suggestions, ANEM has also offered to participate in the drawing up of necessary acts and in all other proposed activities.