Act No. 304 / 2007 Coll.
Law amending certain laws in connection with the completion of the transition of terrestrial analogue television to terrestrial digital television
Valid
Law
Effective from 01.01.2008
304
THE LAW
of 1 November 2007
amending certain laws in connection with the completion of the transition of terrestrial analogue television to terrestrial digital television
Parliament has decided on this law of the Czech Republic:
Amendment to the Electronic Communications Act
Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended by Act No. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll. and Act No. 261 / 2007 Coll., is amended as follows:
1. In Paragraph 22, at the end of paragraph 4, the words "unless otherwise specified in the specific legislature16 'shall be added.
2. In Section 24 (2) of the Introductory Part of the provision, the words "in accordance with legislation 'shall be inserted after the words" it shall be laid down'.
3. In Article 24 (2) (c), in both cases, the words "and television 'are deleted.
4. in Article 24 (2), the following point (d) is inserted after point (c):
"(d) in the case of the distribution and transmission of television broadcasting (radio service) between CZK 375 and CZK 18,000 per frequency channel allocated, depending on the type of frequency band and television transmission and on the parameters of the radio equipment,."
Points (d) and (e) shall be renumbered as points (e) and (f).
5. In Article 24, the following paragraph 4 is inserted after paragraph 3:
"(4) The fees paid by the radio frequency user for the use of radio frequency for radio service shall be paid by the radio or television broadcaster (11) without undue delay by the radio frequency operator. Where several broadcasters use the same electronic communications network, the costs shall be allocated according to their share of the aggregate data stream. Where another person makes use of the data flow for other electronic communications services, it shall be subject to the obligations of the broadcaster under this provision. ';
Paragraph 4 shall become paragraph 5.
6. In Article 72a, the following paragraph 3 is inserted after paragraph 2:
"(3) The operator providing the broadcasting service shall be obliged to conclude the contract referred to in paragraph 1 if the requirements of the broadcaster do not conflict with the draft contract pursuant to Paragraph 72b, correspond to the technical parameters of its network, as a result of which the integrity of its network could not be impaired and the price requested is not lower than the cost-oriented price. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
7. In Article 72a (5), "paragraph 3 'is replaced by" paragraph 4';
8. The following Sections 72b and 72c are inserted after Section 72a:
(1) In order to be the subject of a contract pursuant to Article 72a (1) of the dissemination of digital terrestrial television, an undertaking providing a broadcasting service is required to draw up a draft contract for the provision of such a service, which must contain, in addition to the requirements laid down in Article 63 (3), the general terms of the contract referred to in paragraph 2, and publish it in each of its establishments and in a manner which allows remote access. The contract may be concluded at least one month after the publication of its proposal. This provision shall apply mutatis mutandis to amendments to the draft contract.
(2) The General Terms and Conditions contain a proposal for prices divided into total and partial prices, a proposal for the price for the dissemination of the unit volume of data flow and a proposal for a technical solution which includes data on:
(a) the minimum and maximum coverage of the population by signal;
(b) the availability, reliability and quality of the signal;
(c) the minimum and maximum available data flow for a single television programme, including the possibility of statistical multiplexing;
(d) the minimum and maximum available data flow for one radio programme;
(e) the estimated coverage of the territory;
(f) the source coding standard used;
(g) the protective interval used;
(h) conditions relating to the reception of electronic programme guides (EPG) data for dissemination;
(i) the conditions for the possible breakdown of the programme within the transmission network;
(j) the envisaged start date for the provision of the broadcasting service;
(k) the timetable for the development of the broadcasting network, if not fully constructed;
(l) conditions for the construction of supplementary transmitters within a single-frequency transmission network;
(m) data flow sizes reserved for other ancillary and information services;
(n) the size of the data flow reserved for the service information and needs of the network operator;
(o) the parameters and directions for the transmission of the television signal between the radio and television operator's study and, where available, the data on the system of reference, where this service is offered.
The operator providing the electronic communications network for terrestrial digital television and the operator providing the radio and television broadcasting service on that network shall communicate to the Authority data on the free capacity of the electronic communications network and on the extent and structure of the data flow used on 31 December of each calendar year by the end of the following calendar month and, where such data is amended, within five days of the date of the change. The data referred to in the previous sentence shall be published by the entrepreneur in each of his establishments and in a manner that allows remote access. The Authority shall publish this information in a way that allows remote access. ';
9. in Paragraph 83, the following paragraph 9 is added:
"(9) The holder of an individual radio frequency authorisation for terrestrial digital television shall:
(a) allow for the dissemination of at least four television programmes; the quality of these programmes must be at least PAL level;
(b) to ensure the provision of an electronic programming guide (EPG), which is disseminated as part of the aggregate data stream and shall contain information on all television programmes in that data stream contained;
(c) use the allocated radio frequency in such a way that more than 20% of the transmission capacity of the electronic communications network is not used for information society services. ';
10. In Article 84 (3), the words "or because of the construction of a multiplex public service pursuant to the Act on Czech Television" are inserted after the words "zoning."
11. at the end of paragraph 4, the sentence "The method of determining the territory covered by the television signal, the method of determining the intensity of the electromagnetic field and of which the derived coverage of the population by the television signal shall be laid down in implementing legislation."
12. in Paragraph 150 (1), "§ 24 (4)" is replaced by "§ 24 (5)";
13. in Article 150 (5), the words "and Article 97 (6)" are replaced by the words "and Articles 97 (6) and 112 (4)";
Transitional provisions
1. The Government provides for a Technical Plan for the transition of terrestrial analogue television to terrestrial digital television (hereinafter referred to as the "Technical Transfer Plan ') in order to establish an electronic communications network for a multiplex public service, other terrestrial digital television networks and one network allowing regional digital television. The technical transition plan lays down rules for the transition of terrestrial analogue television to terrestrial digital television, in particular time limits, conditions and procedure for the development of electronic communications networks for terrestrial digital television, including time limits, conditions and the way in which terrestrial analogue television broadcasting is switched off, so that, except where natural or justified technical barriers do not allow, when terrestrial analogue television is switched off within a single geographical area, there is no reduction in the territory covered by the terrestrial television broadcasting signal of the broadcasting programme with the licence concerned by the off-set-off in that geographical area. The technical migration plan shall also provide for a minimum coverage of the territory by means of a digital terrestrial television signal on the date of completion of the transition of the terrestrial analogue television to terrestrial digital television. The terrestrial analogue television broadcasts shall be terminated on 31 December 2012, unless the Government sets an earlier deadline in the Technical Transition Plan, but not earlier than 10 October 2010.
2. The measure of general character of the Czech Telecommunications Authority No PLO / 15 / 12.2006 / 39 establishing a Technical Plan for the transition of terrestrial analogue television to terrestrial digital television broadcasting, issued pursuant to Article IV of Act No. 235 / 2006 Coll., is hereby repealed as from the date of entry into force of the Government Regulation pursuant to point 1.
3. In the period from the date of entry into force of the Decree of the Government referred to in point 1 to the date of completion of the transfer of the terrestrial analogue television broadcasting to terrestrial digital television, the Government shall determine the amount and, where appropriate, the method of calculation and the duration of the payment of the fee pursuant to Paragraph 24 (2) (d) of the Act No. 127 / 2005 Coll., as amended by that Act, depending on the type of television broadcasting and the progress of the terrestrial analogue television broadcasting to terrestrial digital television broadcasting with regard to the time of coexistence of the terrestrial analogue and terrestrial digital television broadcasting in accordance with the Technical Transfer Plan.
4. The data provided under Section 72c of Act No. 127 / 2005 Coll., as amended by this Act, will be communicated by the operator providing the electronic communications network and the operator providing the broadcasting service to the Czech Telecommunications Authority for the first time within 90 days of the date of entry into force of this Act.
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 and Act No. 160 / 2007 Coll., is amended as follows:
1. In Paragraph 12, the words "unless otherwise provided by law 'shall be added at the end of the text of paragraph 6.
2. In the first sentence of Article 17 (4), the words "or by registration [§ 2 (1) (g), § 26 et seq.] for the operation of the broadcast received are deleted only digitally '.
3. In Article 17, the following paragraph 5 is added:
"(5) Paragraph 4 shall not apply to the granting of local broadcasting licences distributed through transmitters. ';
4. In Paragraph 18 (3), the word "detailed 'is deleted.
5. In Part Three of the title of Title II, the words "and to operate terrestrial digital television broadcast via transmitters' are added.
6. In Article 25 (1), the words "and for the operation of terrestrial digital television broadcast via transmitters' shall be inserted after the words" systems'.
7. In Paragraph 25 (1), the sentence "The licence procedure under the first sentence cannot be initiated on the Council's own initiative 'is inserted after the first sentence.
8. In Paragraph 25 (2) of the Introductory Part of the provision, the words "the formalities laid down in Section 14 'are replaced by the words" the general formalities for lodging and the formalities for applying for a licence under Section 14 (1) to (4)'.
9. In Paragraph 25, at the end of paragraph 2, the dot is replaced by a comma and the following point (c) is added:
"(c) information on the method of technical, organisational and financial collateral for television broadcasting, if the broadcasting of the terrestrial digital television programme is via transmitters."
10. In Article 25, paragraph 6 is added:
"(6) The licensing procedures referred to in paragraphs 1 to 5 shall not be subject to the provisions of Sections 13 (1), 15, 16, 17 (1) and (2) and 18 (3) and (5). ';
11. in Paragraph 26 (1):
"(1) The registration of the operator of the transmitted transmission via the electronic communications network entitles the operator to operate the transmitted transmission via the electronic communications network to the extent and under the conditions laid down in this Act."
12. In Article 26, at the end of paragraph 2, the words "to Article 28a 'shall be added.
13. in Paragraph 27 (2):
"(2) The application for registration shall contain the information referred to in Article 14 (1) (a) to (f), as well as the method of technical, organisational and financial collateral for broadcasting, information on the programmes which the applicant intends to disseminate and the technical specification of the electronic communications network through which the broadcast is to be disseminated. The registration application shall be accompanied by a document proving the authorisation on the basis of which the programme originally taken over is broadcast. ';
14. After Paragraph 28, the following Section 28a is inserted:
Specific conditions for the operation of the transmitted transmission via transmitters
(1) The transmission operator operated via transmitters shall be obliged to release the transmission capacity of the electronic communications network through which it disseminates the transmitted transmission for the transmission operator who has concluded a contract with the operator providing that electronic communications network to disseminate its transmission via that network.
(2) If the transmission operator does not release the transmission capacity of the electronic communications network referred to in paragraph 1 within 90 days of the date of receipt of the call from the transmission operator, the Council shall invite it to release the transmission capacity in writing within 5 calendar days of receiving the transmission operator's proposal.
(3) The operation of the transmitted transmission via transmitters shall not be considered as a restriction on the possibility of placing on electronic communications networks pursuant to Article 15 (1) for the purposes of the licensing procedure. ';
15. In Paragraph 30, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the operator does not release the transmission capacity of the electronic communications network via the transmitters within 3 days of the date of receipt of the written call by the Council pursuant to Paragraph 28a (2), its registration shall expire. ';
16. in § 32 (1) (s):
"(s) notify the Council of the launch or termination of the programme and of any service directly related to the programme and the electronic communications network (1) through which it broadcasts the programme digitally, not later than the date on which it began or ended the broadcast; such information shall be made public by the Council in a way that allows remote access. ';
17. in Paragraph 50 (5), the last sentence is deleted;
18. The following Section 55b is inserted after Section 55a:
One legal person or one natural person may not be an operator (1) or owner of more than two public communications networks (1) and allocated to them (1) allowing the spread of radio or terrestrial digital television. ';
19. in Paragraph 63 (2), at the end of the text of point (a), the words "or within any other statutory period" shall be added.
Transitional provisions
(1) A licence for terrestrial digital broadcasting granted under the existing legislation and a licence for terrestrial analogue and digital television in the part authorising terrestrial digital television broadcasting on the basis of which the programme is disseminated at the date of entry into force of this Act shall be deemed to be a licence for terrestrial digital broadcasting under this Act; the programme remains in the same electronic communications network, unless the licence holder agrees otherwise with the enterprises providing the electronic communications network.
2. The transmission of a programme on the basis of a licence for digital terrestrial television broadcasting granted before the date of completion of the transition of terrestrial analogue television to terrestrial digital television broadcasting pursuant to Article 25 of Act No 231 / 2001 Coll., as effective from the date of entry into force of this Act, shall not commence until the day following the date of completion of the transition of terrestrial analogue television to terrestrial digital television broadcasting; However, the broadcasting must start within 360 days of the date of completion of the transition of the terrestrial analogue television to terrestrial digital television.
3. The licence procedure for the operation of terrestrial digital television broadcasting by means of transmitters initiated and definitively completed by the date of entry into force of this Act shall be terminated by the Broadcasting Council (hereinafter referred to as the Council).
4. The Council, upon request, shall grant a licence for the full-screen terrestrial digital television broadcasting to the holder of a full-screen analogue and digital television broadcasting licence on the basis of which the programme is distributed at the date of entry into force of this Act, which:
(a) within three months of the date of entry into force of the Government Decree establishing a technical plan for the transition of terrestrial analogue television to terrestrial digital television, a written declaration shall be sent to the Council that it will return the set of technical parameters of the broadcasting provided for in the licence in accordance with the technical plan for the transition of terrestrial analogue television to terrestrial digital television, and a written commitment to terminate the terrestrial analogue television by 10 October 2010 or, where appropriate, by the later deadline set out in the technical plan for the transition of terrestrial analogue television to terrestrial digital television; and
b) fulfils the conditions laid down in § 13 (3) of Act No 231 / 2001 Coll.
5. The compensation licence shall also be granted by the Council to a person upon request,
(a) which, before the date of entry into force of this Act, has been granted a licence for universal terrestrial digital television by a Council decision against which an action has been brought; and
b) which meets the conditions laid down in § 13 (3) of Act No 231 / 2001 Coll.
6. The application for a compensation licence, in addition to the general requirements of the submission, shall contain the particulars of the licence application pursuant to § 14 (1) to (4) of Act No 231 / 2001 Coll.; the documents available to the Council shall not be submitted. Only the applicant shall be a party to the infringement proceedings. The Council shall grant the compensatory licence within 60 days of the date of submission of the application. The Council Decision contains the elements provided for in § 18 (3) and (4) of Act No 231 / 2001 Coll. The dissemination of the programme in the electronic communications network shall be authorised by the party to the compensation licence procedure referred to in point 4 to negotiate with the undertaking providing the electronic communications network before the date of the decision granting the compensation licence. In the case of the compensation licence referred to in point 4, the Council shall determine the licensing conditions as requested. The Council decision granting the compensatory licence referred to in point 5 shall contain the licensing conditions for broadcasting identical to those laid down in the decision granting the licence for the terrestrial digital terrestrial television broadcasting against which the action has been brought; the programme shall be placed in the same electronic communications network unless the holder of the compensation licence agrees with the undertakings providing the electronic communications network otherwise.
7. The holder of the compensation licence shall start broadcasting within 360 days of the date of granting of the compensation licence.
8. Compensation license expires
(a) on the date of completion of the transition of terrestrial analogue television to terrestrial digital television,
(b) the expiry of a period of 360 days from the date of its award, provided that the holder does not commence broadcasting within that period; or
(c) for the reasons set out in § 24 of Act No 231 / 2001 Coll.
If the holder of the compensation licence referred to in point 4 of the terrestrial analogue television broadcasting service does not terminate by 10 October 2010 at the latest, the compensation licence shall cease to exist at the end of that period. This compensation licence shall not cease if the Government, in the Regulation issuing the Technical Plan for the transition of terrestrial analogue television to terrestrial digital television, provides for a later date of completion of the transfer of terrestrial analogue television to terrestrial digital television and the impossibility of termination of terrestrial analogue television by 10 October 2010 at the latest has been triggered by circumstances not caused by the holder of the compensation licence. The compensation licence referred to in point 5 shall also expire on the date on which its holder started digital terrestrial television broadcasting on the basis of the licence referred to in point 5 (a); If its holder does not start digital terrestrial television broadcasting on the basis of the licence referred to in point 5 (a) within 360 days of the date on which the suspensive effect of the action has expired, his compensatory licence shall cease to be the expiry of that period.
9. The operator of the electronic communications network ensuring the dissemination of terrestrial digital television intended for reception on the end-mobile telecommunications device (mobile telephone device) and the operator of the transmitted transmission on the cable system shall, when creating the lowest programme offer, ensure that it includes the broadcasting of all terrestrial digital programmes not protected by the conditional access system, which the operator of the universal broadcasting system disseminates on the basis of a licence for terrestrial digital broadcasting or on the basis of a compensation licence. The broadcasting operator shall provide those programmes to the electronic communications network operator providing the dissemination of terrestrial digital television broadcasting intended for reception on end-mobile telecommunications equipment (mobile telephone device) and to the operator of the received transmission free of charge and the operator of the electronic communications network providing the dissemination of terrestrial digital television intended for reception on end-mobile telecommunications equipment (mobile telephone device) and the operator of the received transmission is obliged to place those programmes in its lowest programme offer free of charge. The obligations of the operator of the electronic communications network providing for the dissemination of terrestrial digital television intended for reception on end-mobile telecommunications equipment (mobile telephony apparatus) and the operator of the transmission on the cable system and the operator of the universal broadcasting network provided for in this point shall cease on the date of completion of the transition of the terrestrial analogue television to terrestrial digital television, unless that date is earlier than 31 December 2011, or 31 December 2011. The rights and obligations arising from the provisions of Article II (10) of Law No 235 / 2006 Coll. remain unaffected.
10. The holder of a licence for terrestrial analogue and digital television broadcasting on the basis of which the programme is disseminated at the date of entry into force of this Act shall, on request, extend the period of validity of that licence in the part entitled to digital terrestrial broadcasting for a period of 8 years, provided that the holder also holds the compensatory licence referred to in point 4. The application may be lodged within six months of the date on which the Council's decision to grant a compensation licence becomes final. Only the applicant shall be a party to the extension proceedings. The decision to extend the period of validity of the licence shall be taken by the Council within 60 days of the date on which the application is submitted. The legal effects of the Council decision extending the period of validity of the licence shall cease to exist on the date of the termination of the compensatory licence, except for the reason for the termination referred to in points 8 (a) and 8 (c).
11. Until the date of completion of the transfer of analogue terrestrial television to digital broadcasting, the broadcasting time reserved for advertising for the purposes of Sections 50 (1) to (3) of Act No 231 / 2001 Coll. does not include broadcasting of television sets broadcast in the framework of the digital television switchover campaign containing information for viewers on the conditions and consequences of the switchover to digital terrestrial broadcasting.
Amendment of the Czech Television Act
Act No. 483 / 1991 Coll., on Czech Television, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 39 / 2001 Coll., Act No. 231 / 2001 Coll., Act No. 82 / 2005 Coll. and Act No. 127 / 2005 Coll., is amended as follows:
1. in Article 3 (1) (a), the words "the confluence of analogue and digital terrestrial broadcasting" shall be replaced by the words "the sum of the territories covered by the signal of analogue or terrestrial digital television and the territories covered by the signals of parallel analogue and digital television."
2. In Paragraph 3, the following sentence is added at the end of paragraph 2: "For the purposes of the multiplex public service, rights to reserved radio frequencies shall be granted at the request of Czech television by allocation without prior selection procedure under the Electronic Communications Act. If, within 90 days of the date on which radio frequencies have been reserved according to the first sentence, Czech Television does not request an allocation, the State authority which manages the spectrum under a specific legislation shall proceed to grant rights to dedicated radio frequencies under the Electronic Communications Act. '
Transitional provisions
The deadline for applying for the allocation pursuant to § 3 (2) of Act No. 483 / 1991 Coll., as amended by this Act, in relation to radio frequencies reserved for Czech television before the date of entry into force of this Act begins to run on the date of entry into force of this Act.
Amendment of the Radio and Television Charges Act
Act No. 348 / 2005 Coll., on radio and television charges and amending certain laws, as amended by Act No. 112 / 2006 Coll. and Act No. 235 / 2006 Coll., is amended as follows:
1. In Section 6, the amount "100 CZK 'is replaced by" 135 CZK'.
2. Paragraph 12 (5) and (6) are deleted.
3. In Article 17, the words ", § 12 (5) 'and the words", § 12 (6)' are deleted and the words "which are acquiring 'are replaced by the words" which is acquiring'.
Amendment to Act No. 235 / 2006 Coll., amending Act No. 231 / 2001 Coll., on the Operation of Radio and Television Broadcasting and amending other laws
In Act No. 235 / 2006 Coll., amending Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended, and certain other laws, Article IV is hereby repealed.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
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Klaus v. r.
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Regulation Information
| Citation | Act No. 304 / 2007 Coll., amending certain laws in connection with the completion of the transition of terrestrial analogue television to terrestrial digital television |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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