Act No. 196 / 2009 Coll.
Act amending Act No. 231 / 2001 Coll., on the Operation of Radio and Television Broadcasting and on the Amendment to Other Acts, as amended, and Act No. 484 / 1991 Coll., on the Czech Radio, as amended
Valid
Law
Effective from 01.07.2009
196
THE LAW
of 28 May 2009
amending Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended, and Act No 484 / 1991 Coll., on the Czech Radio, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Broadcasting Act
Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended by Act No. 309 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 341 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 82 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 348 / 2005 Coll., Act No. 235 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 384 / 2008 Coll., and Act No. 41 / 2009 Coll., is amended as follows:
1. in Paragraph 2 (1) (c):
"(c) by broadcasting radio and television programmes which, within the defined territorial scope, may receive at least 80% in the case of radio broadcasting and at least 70% in the case of television broadcasting of the population of the Czech Republic, calculated on the basis of the data resulting from the last census of the people (1b), unless otherwise provided in the specific legislation (1c),"
2. in Article 2 (1) (d):
"(d) a network of programmes, or essential parts thereof, or mutual acceptance of programmes or essential parts thereof, or their simultaneous dissemination by several operators,"
3. in Article 2 (1) (e):
'(e) by regional broadcasting by radio or television broadcasting, which may receive, to the defined territorial extent, more than 1% and less than 80% in the case of radio broadcasting and, in the case of television broadcasting, more than 1% and less than 70% of the population of the Czech Republic calculated on the basis of the data resulting from the last census of the people 1b),';
4. Paragraph 2 (1) (j) reads as follows:
"(j) a programme of the deliberate timescale of individual radio or television programmes and other broadcasting parts and both in radio broadcasting and in the flow of programme elements;"
5. In Article 20, the following paragraph 5 is added:
"(5) There is no preferential right for operators to change the set of technical parameters of broadcasting in order to comply with Paragraph 2 (1) (c)."
6. Paragraph 21 (2) reads as follows:
"(2) The amendment of the other elements referred to in paragraphs 1 and 2 of Paragraph 14, with the exception of a change in the legal form of a legal person, shall be required by the broadcasting operator with a licence to notify and submit to the Council evidence of the approved amendments within 30 days of the date on which such changes took place. In the case of changes entered in the Commercial Register, within 30 days of the date of entry into the Commercial Register. ';
7. In Article 21, paragraphs 8 to 10 are added:
"(8) A legal person or a natural person who is a member of more than one legal person - a licensed broadcaster, with 100% ownership, may, subject to the prior agreement of the Council, transform such legal person or some of them into a merger by merging or merging into a single acquiring company that takes the form of a limited liability company or a public limited company.
(9) A natural person who is a licensed or accepted broadcaster may request that the licence or registration granted to him be transferred to a legal person; The Council shall grant the request only if it is a legal person in which a natural person has 100% participation in the property.
(10) A licensed radio broadcasting operator may, after the prior approval of the Council, take over the programme of another radio broadcasting operator with a licence, including the identification of the received programme, provided that this does not change the basic programme specification. A licensed broadcaster shall not take over the programme or parts of the programme by law from the broadcaster. ';
8. In Article 31, the following paragraph 5 is added:
"(5) The broadcasting operator shall be entitled to include, at the same time, programmes, programme elements and other parts of broadcasting, in particular advertising and teleshopping, with a regionally different content. The licensor shall be obliged to broadcast on a full-screen basis without the inclusion of programmes and other parts of broadcasting, programme elements and advertisements with a regionally different content of at least 85% of weekly time. ';
9.
Ensuring pluralism of information in local and regional radio and television broadcasting
(1) If one legal person or one natural person holds more than one licence for the operation of television broadcasting other than all-area television, the coverage of the Czech Republic by broadcasting in the total total of the licences for the operation of television broadcasting other than all-area television shall not exceed 70% of the total population of the Czech Republic, calculated on the basis of the data resulting from the last census of the population of the Czech Republic, each covered population shall be counted only once.
(2) If one legal person or one natural person holds more than one licence for the operation of radio broadcasting other than all-area broadcasting, the coverage of the Czech Republic by broadcasting in the total total of licences for the operation of radio broadcasting other than all-area broadcasting shall not exceed 300% of the total population of the Czech Republic, calculated on the basis of the data resulting from the last census, the total population of the Czech Republic shall be included as many times as the programmes broadcast on the basis of all licences held by it for the operation of radio broadcasting other than all-area broadcasting.
(3) One legal person or one natural person may participate in the business of more than 300% of the total population of the Czech Republic, calculated on the basis of the data resulting from the last census of the Czech Republic, including the total population of each population covered by each population as many times as the programmes transmitted by all operators other than the whole population of the Czech Republic can be received.
(4) One legal person, or one natural person, may participate in the business of more than one operator other than all-area television broadcasting only if the total coverage of the population of the Czech Republic by broadcasting to all operators other than the whole-area television broadcaster in whose business that person participates does not exceed 70% of the total population of the Czech Republic, calculated on the basis of the data resulting from the last census of the Czech Republic, each population of the Czech Republic being counted only once.
(5) The obligations referred to in paragraphs 1 to 4 do not apply to radio and television broadcasting distributed through cable systems and satellites. "
10. Paragraph 57, including the title, reads:
Programming
(1) The programming network must not cover more than 80% by radio broadcasting and television broadcasting of more than 70% of the total population of the Czech Republic, calculated on the basis of data resulting from the last census, with the total population of the Czech Republic being counted only once.
(2) Broadcasting operators which have disseminated or disseminated their broadcasting within a programme network shall not be entitled to change the programming network or the broadcasters from which they take over the programme during the period of validity of the licences granted or extended.
(3) The provisions of paragraph 2 are also binding on the potential legal successor of broadcasters. "
Transitional provisions
1. A licensed radio broadcasting operator who shall, on the basis of a licence granted by the Radio and Television Broadcasting Council (hereinafter referred to as the Council), undertake in writing to promote the transition to digital terrestrial broadcasting on its broadcast and, on the basis of the Government's resolution on the transition to digital terrestrial broadcasting, to terminate analogue broadcasting, shall be entitled to apply in writing to the Council for a transformational licence on the basis of which it shall be authorised to broadcast by 10 October 2025 or, if the case referred to in paragraph 9 is concerned, within three years from the date of the transition to digital terrestrial broadcasting under the Government's resolution. Only the applicant shall be a party to the procedure for granting the transformation licence. The grant of a transformation licence shall be exempt from administrative fees.
2. The application for a transformational licence shall contain, in addition to the general requirements of the submission of the application for a licence pursuant to § 14 (1) to (4) of Act No 231 / 2001 Coll.; the documents available to the Council shall not be submitted. An application for a transformation licence must reach the Council during the period of validity of the existing licence, but not earlier than 100 days after its expiry.
3. In the application for a transformational licence, the broadcasting operator may at the same time request consent to a change in the legal form of the company; The Council shall accept the request if it moves for a change to a public limited company with shares in its name or a limited liability company. A natural person who is a licensed radio operator may at the same time request that a licence be transferred to a legal person in an application for a transformational licence; The Council shall grant the request only if it is a legal person in which a natural person has 100% participation in the property.
4. The Council shall grant a transformational licence within 60 days of the date of submission of the application. The Council decision on the grant of a transformational licence shall contain the particulars referred to in paragraphs 3 and 4 of Section 18 of Act No 231 / 2001 Coll. The Council's decision to grant a transformational licence shall include the licensing conditions for broadcasting identical to those laid down in the licensing decision on the basis of which the radio operator broadcasts, except for the period for which the licence is granted pursuant to § 18 (4) (d) of Act No 231 / 2001 Coll. If the Council has not decided within the time limit laid down, the transformation licence shall be deemed to have been granted on the last day of the period laid down in the first sentence following an application.
5. Transformation license ceases
(a) on 10 October 2025,
(b) for the reasons set out in § 24 of Act No 231 / 2001 Coll.
6. The Council is entitled to issue a broadcasting licence distributed through transmitters by analogy so that its validity, including an extension pursuant to § 12 of Act No. 231 / 2001 Coll., expires on 10 October 2025 at the latest.
7. The Council shall decide on the withdrawal of the transformation licence if the broadcaster repeatedly infringes its written commitment under point 1 or does not terminate the analogue broadcast within the prescribed time limit in accordance with the Government's resolution.
8. The programme licensing conditions of licensed broadcasters, which are valid prior to the application of this Act, allowing licensed broadcasters to take over the programme or parts of the programme from the broadcaster by law, are not affected by this Act.
9. If the Government does not issue a resolution on the transition to digital terrestrial broadcasting until three years before the date of expiry of the transformation licence referred to in point 5 (a), the transformation licence shall not cease at the date referred to in point 5 (a). At the same time, the transformation licence shall not cease to exist under this point or under point 5 (a) until three years after the date of transition to digital terrestrial broadcasting under the Government's resolution.
10. Where the case referred to in point 9 applies, the issue of radio licences distributed through transmitters by analogue restriction referred to in point 6 shall not apply. However, radio licences distributed via transmitters shall always be terminated by analogy at the latest together with the termination of the transformation licences referred to in point 9.
11. The broadcaster may request the Council to merge its two or more transformation licences in respect of the transformation licences granted to it for:
(a) the same type of transmission;
(b) the same method of dissemination of the programme;
(c) a programme with the same designation (name);
(d) a programme with the same transmission time range as the transformational licence with which those transformational licences are combined; and
(e) a programme with the same predominant genres in the whole programme composition.
The broadcaster shall specify in the application which of the combined licences shall be the successor licence; the other licences shall cease to be merged.
12. Point 11 shall apply mutatis mutandis to the merger of analogue or digital licences where the merged licences have the same moment of expiry. The provisions concerning the issue and extension of licences shall apply mutatis mutandis to the combined licences to the extent that this does not conflict with the nature of the combined licences.
Amendment of the Czech Radio Act
Act No. 484 / 1991 Coll., on Czech Radio, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 135 / 1997 Coll., Act No. 192 / 2002 Coll. and Act No. 127 / 2005 Coll., is amended as follows:
1. footnote 3 is replaced by the following:
"3b) Act No. 262 / 2006 Coll., Labour Code, as amended. '.
2. Paragraph 4 (7) reads as follows:
"(7) The Council elects and rescues the President and Vice-Presidents from among its number."
3. The following Section 8b is inserted after Section 8a, including the title:
Remuneration and other formalities connected with the performance of the duties of a member of the Council and the duties of a member of the Supervisory Committee
(1) A member of the Council is entitled to a monthly remuneration of between 1 January and 31 December of the relevant calendar year as the product of the average gross monthly wage of the staff of the Czech Radio achieved for the preceding calendar year (hereinafter referred to as the "average monthly salary") and the coefficient determined according to the responsibility and complexity of the duties performed by the member of the Council (hereinafter referred to as the "remuneration coefficient"). The reward is rounded up to CZK 100.
(2) The amount of the average monthly salary is published by the Czech Radio by 31 January of the relevant calendar year in a way that allows remote access.
(3) The remuneration coefficient referred to in paragraph 1 shall be fixed:
(a) a member of the Council of 0,80;
(b) a Vice-President of the Council of 1,03;
(c) to the President of the Council of 1,27.
(4) The remuneration of the members of the Supervisory Committee shall be fixed by the Council.
(5) A member of the Council and a member of the Supervisory Board are responsible for the reimbursement of travel expenses relating to the performance of their duties to the same extent as staff members under special legislation3b). Travel from the place of residence to the Council meetings, meetings of the Council and travel from the Council to the place of residence shall be regarded as business travel for the purpose of providing travel expenses.
(6) The exercise of the duties of a member of the Council and the exercise of the duties of a member of the Supervisory Board is another act of general interest under the special legislature3b). The employer shall provide the member of the Council and the member of the Supervisory Committee with leave without compensation of the salary.
(7) Rewards and other formalities connected with the duties of a member of the Council and the duties of a member of the Supervisory Commission are provided by the Czech Radio to members of the Council and to members of the Supervisory Commission. Rewards and other formalities according to the first sentence are due on the day of the regular deadline of the pay of employees of the Czech Radio. "
Transitional provision
For the purposes of determining the remuneration of members of the Council of the Czech Radio, the average gross monthly wage of employees under Section 8b (1) of Act No. 484 / 1991 Coll., on the Czech Radio, as effective from the date of entry into force of this Act, is considered to be CZK 28232.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 196 / 2009 Coll., amending Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended, and Act No. 484 / 1991 Coll., on the Czech Radio, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2009 |
|---|---|
| Effective from | 01.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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