Act No. 235 / 2006 Coll.
Act amending Act No 231 / 2001 Coll., on the Operation of Broadcasting and on the Amendment of Other Acts, as amended, and certain other laws
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Law
Effective from 31.05.2006
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235
THE LAW
of 25 April 2006
amending Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended, and certain other laws
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. and Act No. 348 / 2005 Coll., is amended as follows:
1. in Paragraph 2 (1) (a), including footnotes 1 and 1a:
"(a) by broadcasting by radio and television, the initial dissemination of original radio and television programmes and services directly related to the programmes, including teletext in analogue television, intended for reception by the public in a form protected or not protected by the conditional access system (1), (1a) via electronic communications networks (1);
1) Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended.
(1a) Act No. 206 / 2005 Coll., on the protection of certain services in the field of broadcasting and information society services. '
Footnotes 1 and 1a shall be renumbered footnotes 1b and 1c, including the footnotes.
2. in Paragraph 2 (1) (b):
"(b) received by radio and television broadcasting, the reception or essential parts of broadcasting of original radio and television programmes, including services directly related to programmes or essential parts of the programme, and their simultaneous, complete and unchanged dissemination to the public through electronic communications networks (1); the dissemination of the Czech version of the television programme initially broadcast in a foreign language is also considered unchanged, '.
3. In Article 2 (1) (c), the words "within the defined territorial scope 'shall be inserted after the words" may'.
4. At the end of the text of footnote 1c, the words "and Article 3 (4) of Act No. 484 / 1991 Coll., as amended, are added."
5. in Article 2 (1), the following point (e) is inserted after point (d):
"(e) by regional broadcasting of radio or television broadcasting, which may receive, within the defined territorial scope, more than 1% and less than 70% of the population of the Czech Republic calculated according to the data resulting from the last census of the people 1b),";
Points (e) to (i) shall be renumbered as points (f) to (j).
6. In Paragraph 2 (1), at the end of the text in point (f), comma is replaced by a semicolon and the words "a locally defined territorial area shall not include more than 1% of the population of the Czech Republic calculated according to the data resulting from the last census of the people 1b), 'are added.
7. in Article 2 (1) (g) and (h):
"(g) the operator of radio and television broadcasting shall be responsible for the content of the programme, including the services directly related to the programme, and shall have the programme and services directly related to the programme identified, disseminated or distributed by third parties (hereinafter referred to as" the broadcaster "),
(h) by the operator of the transmission received, a legal or natural person who decides on the composition of the programmes taken over, including services directly related to the programmes taken over, and who has the programmes and services directly related to them distributed or, through third parties, distributed in full and unchanged form on the basis of an authorisation to operate the broadcast received (hereinafter referred to as "registration") under this Act, '.
8. in Article 2 (1), the following point (k) is inserted after point (j):
"(k) a full-format programme of television programmes containing programmes of different focus and themes, in particular programmes of news, film, documentary, music and education, which are not aimed only at a particular population group with the same interests,"
Points (j) to (l) shall be renumbered as points (l) to (n).
9. In Article 2 (1) (m), the words "analogue television 'are inserted after the word" signal'.
10. in Article 2 (1), the following points (o) and (p) are inserted after point (n):
"(o) a service directly related to the programme a service consisting of the dissemination of text, image and audio information, which, individually or in summary, generate content related to a programme distributed digitally, intended for the reception of the public along with that programme; the programme-related service also means the creation and provision of a set of data data for the content of an electronic programme guide and a service extending the possibilities for the use of the programme in relation to the terminal equipment;
(p) the content of an electronic programming guide for text, image and audio information on programmes disseminated in the electronic communications network (1) which are disseminated through the same electronic communications network and are synchronously linked to these programmes; ';
Points (m) to (u) shall be renumbered as points (q) to (x).
11. in Article 2 (1) (v):
"(v) the electronic communications network according to the specific legislature1) through which the broadcaster or the broadcaster of the broadcast is disseminating to subscribers programmes at an agreed price; the cable system includes cable networks, microwave systems for terrestrial radio and television broadcasting or other technical means other than terrestrial radio broadcasting equipment; ';
12. in Article 2 (1) (w), the words "terrestrial broadcasting" shall be replaced by the words "analogue broadcasting via terrestrial radio transmission equipment (" transmitter ")."
13. in Article 2 (1), at the end of the text of point (x), the dot is replaced by a comma and the following point (y) is added:
"(y) the territorial scope of broadcasting in the case of full-screen broadcasting of the entire territory of the Czech Republic and in the case of regional or local broadcasting of the territory provided for in the broadcasting authorisation (hereinafter referred to as" licence ") in accordance with the opinion of the Czech Telecommunications Authority
1. a set of technical parameters for broadcasting in the case of analogue broadcasting distributed via transmitters;
2. a diagram of the use of radio frequencies (1) in the case of digital broadcasting distributed via transmitters. ';
14. in Article 2 (2) (b):
"(b) the provision of an electronic communications network and the provision of an electronic communications service pursuant to a special legislature1),"
15. in Article 2 (2) (c), the words "and the services directly related to the programme" shall be inserted after the words "and the services directly related to the programme," the words "the licence granted" shall be replaced by "the licence granted" and the words "the code signal" shall be replaced by "the signal protected by the conditional access system."
16. in Article 2 (2), point (d) is replaced by the following:
"(e) broadcasting via remote access (Internet)."
17. in Article 2 (3), the words "radio and television" shall be inserted after the words "directly related to the programme."
18. in Article 2 (4), the word "programme" shall be inserted after the word "after," and the words "under this law" shall be deleted;
19. In Article 3a (1), the second sentence is replaced by the following: "If a legal person has the legal form of a public limited company, it is a prerequisite for obtaining a licence to name its shares."
20. In Article 5 (e), the words "and the use of frequency frequencies for radio and television broadcasting" are deleted.
21. In Article 5 (g), the words "content of radio and television" shall be inserted after the words "monitoring."
22. in § 5 (h):
"(h) Grants consent to the Czech Telecommunications Authority to issue an individual authorisation for the use of radio frequencies for other radio communications services in the part of the radio spectrum reserved exclusively for radio and television broadcasting,"
23. in Article 5 (i):
"(i) requires from the Czech Telecommunications Authority an opinion containing coordinated frequencies for analogue radio and television broadcasting, including their technical parameters; in the request for an opinion, the Council shall indicate the territory to be covered by the broadcast and the required location of the transmitter; ';
24. in § 5 (j):
"(j) requires an opinion from the Czech Telecommunications Authority for the purposes of the procedure for the grant of a licence for the operation of radio and television broadcasting or for the purpose of the change of the licensing conditions); in the request for an opinion, the Council shall indicate the territory to be covered by the broadcast; ';
25. in Article 5, the following points (k) and (l) are inserted after point (j):
"(k) establish the territorial scope of broadcasting for broadcasters pursuant to Article 3 (1) (b) in accordance with the opinion of the Czech Telecommunications Authority;
(l) cooperates with the Czech Telecommunications Office in accordance with specific legislation1), 3), 4), "
Point (k) shall be renumbered as point (m).
26. in Article 5, the following point (n) is inserted after point (m), including footnote 4e:
"(n) establish programmes and services directly related to those programmes which are to be disseminated in the public interest through electronic communications networks for radio and television broadcasting, examine the duration of the need for their compulsory dissemination and submit binding opinions to the Czech Telecommunications Office for the purpose of imposing or withdrawing their compulsory dissemination under special legislature4e;
4e) § 72 of Act No. 127 / 2005 Coll. '.
Points (l) to (p) shall be renumbered as points (o) to (t).
27. in Article 5 (t), the word 'this' shall be deleted;
28. in Article 6 (1), the words "including information on the digital switchover procedure" shall be added at the end of the text of point (b);
29. in Article 6 (1), point (h) is deleted;
Point (i) shall be renumbered as point (h).
30. In Article 7, at the end of paragraph 1, the sentence "Membership of the Council shall be a public office."
31. at the end of paragraph 12, the sentence "Members of the Council may not be in employment or other similar relations with the broadcaster."
32. In Article 12 (1), the words "in analogue television" shall be inserted after the words "teletext dissemination."
33.Paragraph 12 (2) reads as follows:
"(2) A separate licence for the broadcasting of teletext on analogue television and the provision of services directly related to the digital broadcasting programme may not be granted."
34. in Paragraph 13 (2), the words "referred to in § 3 (2) to (4)" shall be replaced by the words "meeting the requirements of § 3a."
35. in Article 14 (1) (f):
"(f) the time-range of broadcasting and the territorial scope of broadcasting,"
36. in Paragraph 14 (1) (g), the word "data" is replaced by "data" and, at the end of the text (g), the words "and data on any services directly related to the programme" are added.
37. in Article 14 (1) (i):
"(i) a business plan, including evidence of the amount of funding it is able to spend on broadcasting."
38. in Paragraph 15 (1):
"(1) Licensing procedures shall be initiated by the Council on its own initiative or on the initiative of the licensor by a declaration of licence procedures. Before the start of the licence procedure, the Council shall seek the opinion of the Czech Telecommunications Authority defining the territorial scope of broadcasting in accordance with paragraph 2 and, in the case of the licensing procedure for the granting of one or more licences for the broadcasting of one or more programmes distributed via transmitters, the opinion of the Czech Telecommunications Office on the possibility of placing on electronic communications networks; in the case of a licence applicant's initiative, the Council shall seek the necessary opinions from the Czech Telecommunications Office no later than 15 days after receipt of the complaint. The licence procedure shall be issued by the Council no later than 30 days from the date on which it receives an opinion from the Czech Telecommunications Office allowing the opening of the licence procedure; If the Council requests more than one opinion from the Czech Telecommunications Office on the same licence procedure, the period of 30 days for the publication of the licence procedure shall run from the date on which it receives the last of the requested opinions, provided that such opinions allow the opening of the licence procedure. ';
39. In Article 15 (2), the first sentence is replaced by the following: "The Council shall specify in the publication of the licence procedure the time limit and place of the licence application, the time-range of the broadcasting, the territorial scope of the transmission determined by the set of technical parameters in the case of analogue broadcasting or the diagram of the use of radio frequencies in the case of digital broadcasting; in the case of a full-screen licence procedure, the Council shall lay down the requirements for the basic programme specification of all-surface broadcasting (hereinafter referred to as" requirements'). ';
40. In Article 15, the following paragraph 5 is added:
"(5) In the case of two or more electronic communications networks intended for digital broadcasting as referred to in paragraph 1, the Council shall initiate the licensing procedure without determining the allocation of programmes to specific electronic communications networks. The Council shall also not determine the structure of programmes on individual electronic communications networks. ';
41.Paragraph 16 (1) reads as follows:
"(1) Where licence proceedings for broadcasting via transmitters are concerned only digitally, the President of the Council shall order a public hearing within 30 days of the expiry of the period for the submission of the licence application, which shall be fixed by the Council pursuant to Article 15 (2). In other cases, the President of the Council shall order a hearing within 90 days of the date of the opening of the licence procedure. '
42. In Article 16, the words "in order to comply with the opinion of the Czech Telecommunications Authority 'shall be added at the end of the text of paragraph 4.
43. In Paragraph 16 (5) (c), the words "defined in relation to individual participants in the licence procedure" are deleted.
44. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) When granting digital broadcasting licences, the Council shall evaluate:
(a) the economic, organisational and technical readiness of the applicant for broadcasting, the transparency of its ownership relationships, the contribution of the programme composition proposed by the applicant for the licence to the diversity of the existing offer of programmes and the representation of European production (§ 42), the creation of European independent producers and the simultaneous creation (§ 43) in the proposed programme composition of television,
(b) the contribution of the candidate to the development of the original work;
(c) the applicant's readiness to provide a certain percentage of broadcast programmes with hidden or open subtitles for the hearing impaired;
(d) the contribution of the applicant to ensuring the development of a culture of national, ethnic and other minorities in the Czech Republic. "
Paragraph 2 shall become paragraph 3.
45. In Article 17, the following paragraph 4 is added:
"(4) A licence for the operation of radio or television broadcasting broadcast via transmitters only by digital or by registration [§ 2 (1) (g), § 26 et seq.] for the operation of the transmission received cannot only be granted digitally to an undertaking providing an electronic communications network (1) (hereinafter referred to as the" e-communications network operator ") or to a group of electronic communications network entrepreneurs or a person connected economically or personally to an undertaking or group of electronic communications network entrepreneurs; This does not apply in cases where a licence to operate radio or television broadcasting broadcast via transmitters is only granted digitally directly by law. Economic or personal persons involved directly or indirectly in the management, control or property of the other person or in the same legal or natural person directly or indirectly involved in the management, control or assets of both persons. Participation in control or capital means ownership of more than 20% of the share of the capital or of the voting right; the share of capital or voting rights in the tax period shall be determined as the share of the sum of the stocks on the last day of each month and the number of months in the tax period. ';
46. In Article 18 (4), the words "and whether the programme will be disseminated across, regionally or locally 'shall be added at the end of the text in point (b).
47. in Paragraph 18 (4) (c):
"(c) the time-range of broadcasting, the territorial scope of broadcasting referred to in Article 2 (1) (y),"
48. in Paragraph 18 (4) (e):
"(e) the basic programme specification and other programme conditions, including indication of whether the programme is a full-format programme; in the case of digital broadcasting, the conditions relating to the obligation of the broadcaster to create and provide data sets for the content of the electronic programme guide and the conditions relating to the provision of any other services directly related to the programme, ';
49. Paragraph 20, including the title, reads:
Change the set of technical parameters of the transmission and diagram
(1) The Council may limit a set of technical parameters for broadcasting to a licensed and legally licensed broadcaster which, after the start of a calendar year, did not transmit more than 90 days in that part of the territory or did not use the allocated frequency effectively; until that time, the time during which justified technical barriers have prevented the transmission or efficient use of frequencies shall not be taken into account.
(2) A set of technical parameters in the case of analogue broadcasting and a diagram of the use of radio frequencies in the case of regional or local digital broadcasting may be amended by the Council on the basis of a decision of the Czech Telecommunications Authority under a special legislature1) made in order to comply with the obligations arising from an international agreement which the Czech Republic is bound by and which has been published in the Collection of Laws or in the Collection of International Contracts or the membership of the Czech Republic in the European Union or in international organisations.
(3) In any way other than in accordance with the procedure referred to in paragraph 1 or 2, the Council shall not be authorised to change the set of technical parameters or the diagram of the use of radio frequencies without the consent of the broadcaster.
(4) The Council will comply with a written request from the broadcaster with a licence to change a set of technical parameters in the case of analogue broadcasting and a diagram of the use of radio frequencies in the case of regional or local digital broadcasting, if the change does not result in a breach of obligations arising from an international agreement which the Czech Republic is bound by and which has been published in the Collection of Laws or in the Collection of International Contracts, or in the membership of the Czech Republic in the European Union or in international organisations, or in a breach of a special law, and is in accordance with the opinion of the Czech Telecommunications Office, which the Council will request prior to the amendment. However, the Council shall reject the request if the amendment would lead to the non-granting of a licence following a public hearing. The reasons for not granting consent shall be consistent with the criteria set out in Paragraph 6 (1) (e). The Council shall decide to amend the facts referred to in this paragraph within 60 days of the date on which the licence application was received by the broadcaster. If the Council has not decided within that period, it shall be deemed to have given its assent to the amendment. The Council may suspend the procedure where deficiencies in the amendment request need to be remedied within the time limit laid down, or where a preliminary ruling procedure has been initiated). In such a case, the Council shall indicate in the decision to stay the matter; during the period of suspension of proceedings, the time limit shall not run. ';
50. in Article 21 (1) (b):
"(b) a change in the time range of broadcasting or the territorial scope of broadcasting pursuant to Article 2 (1) (y);"
51.Paragraph 21 (5) reads as follows:
"(5) The Council may change the terms of the licence even if it is necessary to comply with the obligations arising out of an international agreement which the Czech Republic is bound by and which has been declared in the Collection of Laws or the Collection of International Treaties or the membership of the Czech Republic in the European Union or in international organisations."
52. in Paragraph 21 (6) and (7) of the last sentence, "2" is replaced by "5."
Article 53 (24a) is deleted.
54. In Paragraph 25, at the end of paragraph 5, the words "or the grant of a licence would be contrary to the obligations arising from an international agreement which the Czech Republic is bound by and which has been declared in the Collection of Laws or the Collection of International Contracts' are added.
57. in Article 32 (1), the following points (i) and (j) are inserted after point (h):
"(i) not to include in programme programmes programmes programmes which may establish stereotypical prejudices concerning ethnic, religious or racial minorities;
(j) not to include in programmes programmes programmes programmes programmes programmes which contain vulgarisms and curses, except works of art in which it is necessary from the point of view of the context; However, such works may only be broadcast between 22.00 and 06.00 hours the next day, '.
Points (i) to (o) shall be renumbered as points (k) to (r).
58. in Paragraph 32 (1) (r), "(n)" is replaced by "(p)."
59. In Paragraph 32, the dot is replaced by a comma at the end of paragraph 1 and the following point (s) is added:
"(s) notify the Council of the electronic communications network (1) in which the programme is disseminated digitally."
60. In Paragraph 47 (1), the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) data on the number and length of Czech works broadcast."
61.Paragraph 49 (1) reads as follows:
"(1) The television operator shall be entitled to include advertising and teleshopping spots in programmes consisting of separate parts or in programmes from sports enterprises and similarly structured events and performances containing breaks, but only between or during such breaks. Where a sports undertaking, a similarly structured event or performance does not contain breaks, it shall apply to advertising by the television broadcaster licensed in paragraphs 2 and 4. ';
62. In Article 53 (1), the word "identifying 'shall be inserted after the word" services'.
63. In Article 53, the following paragraph 6 is added:
"(6) The sponsoring of television and radio programmes by legal or natural persons whose activities involve the manufacture or distribution of medicinal products and medical procedures shall not include the promotion of medicinal products or medical prescription-related treatments in the domestic territory. ';
64. In Part Five of the title of Title V, the words "SPECIFIC APPROVAL A 'are deleted.
65.
Local broadcasting
(1) The broadcasting operator licensed in the cable system and the transmission operator in the cable system shall, at the request of a municipality or a voluntary association of municipalities, reserve a free channel for a free local information system serving exclusively the needs of municipalities, which shall not be used for advertising and teleshopping without the consent of the broadcasting operator with the licence and the broadcast operator.
(2) When creating the lowest programme offer, the operator of the cable system shall ensure that the terrestrial transmission of all programmes not protected by the system of conditional access of the broadcasters by law, which can be received by standard terminal equipment at the point of cable distribution, regardless of whether it is broadcast by analogue or digital, after the consent of the broadcaster from the legislature (3), 4).
(3) The transmission operators by law are required to provide those programmes to the operator of the received transmission system free of charge and the transmission operator is obliged to place those programmes in its lowest programme offer free of charge. ';
66. in Part Five, the following Title VI is inserted after Title V:
ISSUING PROVISIONS FOR THE OBLIGATIONS OF THE NETWORK OPERATOR OF ELECTRONIC COMMUNICATIONS TO SHARE IN THE PUBLIC INTEREST OF PROGRAMMES AND SERVICES DIRECTLY RELATING TO THE PROGRAMME
The Council shall take into account, in particular, the representation of programmes in the public interest and programmes of its own creation, the multimodal accessibility of broadcast programmes to the visually and auditory affected (phonograms, sign language, subtitling, easy navigation) and the suitability of the operator's programme for the transmission of urgent notifications pursuant to Article 32 (1) (k). ';
67. § 55, including the title:
Ensuring pluralism of information in all-area analogue radio and television broadcasting
(1) One legal person or one natural person may not hold more than one licence for a full-screen analogue television broadcast.
(2) One legal person or one natural person may not hold more than one licence for a full-scale analogue radio transmission.
(3) The operator of an all-area analogue radio transmission shall not be party to the business of another operator of an all-area analogue radio transmission.
(4) The operator of an all-area analogue television broadcasting network shall not participate in the business of another operator of an all-area analogue television network.
(5) The universal television operator by law must not be merged with the operator of the universal analogue television service by the fact that their statutory authorities or members of the statutory authorities are the same persons or persons close to them or are members of the same company or persons close to them.
(6) By law, a universal radio operator may not be merged with another operator of a universal analogue radio transmission service by the fact that their statutory authorities or members of the statutory authorities are the same persons or persons close to them or are members of the same trading company or persons close to them.
(7) The operator of a full-screen analogue television network must not be merged with the operator of a full-screen analogue television network by other means (§ 58).
(8) The operator of all-area analogue radio broadcasting must not be merged with the operator of all-area analogue radio broadcasting by other means (§ 58).
(9) The provisions of paragraphs 1, 2, 3, 4, 7 and 8 do not apply to radio and television broadcasting distributed through cable systems and satellites.
(10) The provisions of paragraphs 7 and 8 shall not apply to persons engaged in the recruitment and sale of advertising services, sponsorship and teleshopping services, market research services and programme purchase services, except news programmes. ';
68. After Paragraph 55, the following Section 55a is inserted:
Ensuring pluralism of information in all-area digital broadcasting
(1) At the same time, one legal person or one natural person may not hold more than two licences for the operation of digital broadcasting on a full-scale basis, authorising the dissemination of full-format programmes.
(2) One legal person or one natural person may not hold at the same time more than two licences for the operation of digital broadcasting across borders.
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Regulation Information
| Citation | Act No. 235 / 2006 Coll., amending Act No. 231 / 2001 Coll., on the Operation of Broadcasting and on the Amendment of Other Acts, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2006 |
|---|---|
| Effective from | 31.05.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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