16. 09. 2010

PROPOSAL OF CONCLUSIONS FROM THE SECOND ROUND TABLE FOR DRAFTING MEDIA STRATEGY

Starting from September 2, 2010, the series of six round tables dedicated to drafting the Media Strategy are being held in Belgrade, organized by the Ministry of Culture and the OSCE Mission to Serbia, supported by the British Embassy and the EU Delegation to Serbia. The topic of the second round table, held on September 9, 2010, was the regulatory bodies and digitalization. Five media and journalists' associations, ANEM, NUNS (IJAS), UNS (JAS), NDNV (IJAV) and Local Press publicly presented their joint proposal of conclusions from this round table at the third round table, held on September 16, 2010.

ANEM, NUNS (IJAS), UNS (JAS), NDNV (IJAV) and Local Press

Proposed conclusions from the second round table on regulatory agencies and digitalization

1)      Decisions and tasks to be undertaken in order to apply the Strategy for the transition from analogue to digital broadcasting of radio and television programs have already been defined by the Action Plan. It is necessary to more accurately define the tasks and competence of the active Working Group for monitoring of the implementation of digitalization, composed of representatives of the Ministry of Telecommunications and Information Society, Ministry of Culture, Republic Agency for Telecommunications (RATEL), Broadcasting Agency (RBA), broadcasters, Public Company "Broadcasting Equipment and Communications", the provincial authorities, JAS (UNS), IJAS (NUNS) and ANEM, as well as to enhance the group by new, independent members and empower it with the right to publicly react, indicate the shortcomings and propose alternative solutions, all aimed to a successful implementation of digitalization. It is necessary to provide funds for the work of the Working Group, which includes compensation for the Chairman, who should be appointed out of independent members, as well as appropriate administrative support.

2)      The currently operating Working Group, strengthened and redefined, should set up a digital forum for topical discussion on the decisions in the process of digitalization.

3)      Amendments to the Broadcasting Law should enable the strengthening of the regulatory capacity of the RBA, by defining the agency as a body that has not only the Council as the only authority, but also the expert department and a director permanently employed by the Agency and responsible to the Council for the management of the department. The Agency must be legally entitled and obliged to perform or to order others to perform, periodic and continuous analysis of market conditions and analysis of the level to which the needs of different program content are met. The Agency must be legally allowed and obliged to influence, through regulation, on raising the degree to which such needs are met, at least through the policy of broadcasting fees, by establishing the production or program quotas, by establishing rules related to advertising, through a code of conduct of broadcasters, binding instructions and recommendations. All these processes must ensure the broadest participation of the public.

4)     It is necessary to ensure the appropriate number of candidates, nominated exclusively by the media sector, in the RBA Council, and well as the lesser state influence on the process of nomination of members to that body by reducing the number of Council members that are proposed by the state nominators.

5)      It is the imperative to enable the widest participation of the public, both in terms of sector analysis to be carried out by the RBA, and in relation to proposals for regulatory measures that would affect the improvement of the sector. One, but not the only, way that would enable public participation is the establishment of commissions of independent experts. The work of these commissions, as well as the work of the RBA as a whole, must be utterly transparent.

6)     The capacity of expert department of the Republic Broadcasting Agency should be increased through trainings, exchange and, where necessary, by hiring new experts.

7)      The Republic Broadcasting Agency should develop and publish detailed, unambiguous and measurable criteria for issuing broadcasting licenses, assessment of broadcasters and for other decisions within its jurisdiction, with thorough statements of reasons for all its decisions.

8)     The Republic Broadcasting Agency should adopt, with the widest participation of the public, a new Strategy of broadcasting sector development, which would be applicable to the digital era and would stipulate the procedures pursuant to which it would be decided on the zones of coverage, number and type of program to be licensed, based on the assessed needs of citizens and social groups for media contents and comprehensive market analysis.

9)     Fees that are paid now and the ones that will be paid to regulatory bodies after the transition to digital broadcasting, must be determined in the amount of the costs of regulation, while any surplus obtained from collection of fees, must be directed to the Media Fund.

10)    Serbia must preserve both the public service and commercial broadcasting. Both need to survive, however not at the expense of the other, because the competition between public and commercial broadcasters is in the best interest of citizens. The issue of additional frequencies in the digital terrestrial network for current and future use by the public service must be considered from the aspect of meeting the needs of citizens, but also from the point of rationality in spending the money from TV fee for services that have already been provided or can be provided on a market basis. Any preference given to the RTS must be given exclusively to meet the needs of citizens which commercial broadcasting cannot meet. Decisions that would eventually ensure such privileges must be based on assessment of the needs of citizens and social groups for media content and a comprehensive market analysis, with the widest participation of the public and in consideration of all available alternatives.

11)     According to the current Digitalization Strategy, in the moment of transition to digital broadcasting, a position in multiplexes should be available to all broadcasters with valid broadcasting licenses. Media Development Strategy would not prescribe the number of networks and channels in advance.

12)    Serbia must prevent the situation of having no free space on the air. Spectrum should be retained and any process of issuing new licenses must be approached with utmost responsibility.

13)    It is necessary to design a comprehensive information campaign about the digitalization process, aimed primarily at citizens, as well as also to broadcasters.

14)    The Serbian Government, which, according to current regulations, should decide on the allocation of the digital dividend proposed by the Ministry of Telecommunications and Information Society, ought to do this through a transparent process and with the widest public participation, taking into account the public interest, namely, in terms of leaving a sufficient frequency bandwidth for broadcasting (where we believe that the range of 61 to 69 channels is more than enough for the digital dividend), and in terms of use of part of income to be realized from the digital dividend for media funds and projects. For part of the digital dividend to be allocated for the wireless broadband access to Internet, future operators, who are to be granted a particular spectrum, must obtain it under conditions that include the establishment of the network primarily in parts of Serbia where the penetration of broadband cable and ADSL access is the lowest.

15)    It is also necessary to consider the issue of merging the two regulatory bodies, given the convergence of networks and services, and to make a decision on it after a previously conducted analysis and consultation with all interested parties, bearing in mind the paramount interest of strengthening regulatory capacity, as well as independence of regulators; regardless of the selected option - (1 or 2 regulators), the regulator/s has/have to be fully functional, both in personnel and technical sense, to perform duties within its/their competence in the best interests of the media sector and the public.