10. 11. 2015
SUGGESTIONS OF ANEM ON THREE DRAFT RULEBOOKS OF REGULATOR
MINIMUM REQUIREMENTS FOR PROVIDING OF MEDIA SERVICES; CONTENTS OF GREAT IMPORTANCE - PSBs OBLIGATIONS
Regulatory body for electronic media (REM), in the period from 27 October to 10 November 2015, conducted a public debate on three draft bylaws that relate to: minimum requirements for providing of media services and licensing on the basis of open competition; minimum requirements for providing media services at the request of the media service provider; public service broadcasters' obligations regarding the assignment of unused rights to broadcast media content of great importance.
ANEM participated in the public debate and submitted to REM its comments and suggestions on drafts of these laws.
1. Draft Rulebook on minimum requirements for providing of media services, and criteria for decision-making in the process of issuing licenses for providing of media services on the basis of a public competition
In opinion of ANEM, this draft rulebook contributes to legal uncertainty, it is potentially unconstitutional, in certain areas goes beyond its scope of regulation. Since the problems it could create in practice are very serious and could not be removed by simple legal and technical interventions in the existing text, ANEM has proposed that the draft rulebook be withdrawn from the procedure and amended in consultation with the media service providers, so as to respond to real market conditions and be in compliance with the Constitution and law.
For this attitude ANEM provided a number of arguments, pointing to the specific disputable provisions, including the retroactive application of rulebook. ANEM emphasized that believes that regulators should deal with the purpose of prescribing minimum requirements - and that is a quality program, namely, establishing minimum standards for the quality - not the means of achieving the purpose - what technical equipment media service provider must have, or how many employees should be involved in the development of program, or in what workspace it should be done and so on.
2. Draft Rulebook on minimum technical and organizational conditions for issuing licenses for providing of media services at the request of the media service provider
According to opinion of ANEM, all remarks on the previous draft rulebook, which relate to the potential unconstitutionality, legal uncertainty, inadequate prescribing minimum conditions, going beyond its scope of regulation, are relevant for this draft, too. ANEM especially pointed to the complete inadequacy of the criteria for differentiation among media services providers based on the number of users of electronic communications operators.
ANEM proposed for this draft too, to be withdrawn from the procedure because the problems that could create in practice and the potential unconstitutionality are very serious and cannot be removed by interventions in the existing text.
3. Draft Rulebook on the assignment of unused rights of public service broadcasters to broadcast radio, television and other media content of great importance
Although it considers it is good to introduce the rules in this area, ANEM pointed to possibility of compromising autonomy of public service broadcasters with overregulating this issue, as too much detailed rules are evident in this draft. ANEM also pointed to importance of the inclusion of PSBs representatives in drafting the final version of this rulebook.
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