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THE LAW OF THE REPUBLIC OF ARMENIA

REGULATIONS OF THE NATIONAL COMMITTEE OF THE TELEVISION AND RADIO

28.12.2001
Non official translation


CHAPTER 1.
GENERAL PROVISIONS

Article 1. The National Committee of the Television and Radio (hereinafter the Committee) is an independent state regulating body which is, according to the procedure defined by the legislation, licensing and supervising the activity of the private TV and Radio companies (TV companies and Radio companies).
The Committee is acting in compliance with the RA legislation, Law “On the TV and Radio”, RA International Agreements, as well as this Regulations.
The Committee takes decisions with regard to the organization of its activities.

Article 2. Independence, joint operation, and publicity are the principles of the activities of the Committee.

Article 3. The residence of the Committee is Yerevan. The Committee may also, by its decision, convene off sight sessions in the other regions of the Republic of Armenia.

Article 4. The Committee may, while performing its authorities, obtain and carry out property and self non-property rights, bear responsibilities, act as claimant or defendant in the court.
The Committee has a seal with the coat of arms of the Republic of Armenia and its name, a stamp, letterhead and other means of individualization.
The Committee has an independent balance. The financing of the expenses necessary for the maintenance and operation of the Committee shall be carried out by the funds of the RA State Budget.
The estimate of the expenses of the Committee must be ensured by the implementation of the authorities fixed by the law.


CHAPTER 2.
THE PROCEDURE FOR FORMING THE COMMITTEE

Article 5. The Committee shall consist of nine members that are appointed by the President of the Republic for six years, with the exception of the first membership. The authority periods of the first membership are as follows: 3 members for 2 years, 3 members for 4 years, 3 members for 6 years.
The Committee members shall act on public bases, with the exception of the Chairman and the Deputy Chairman of the Committee. The requirements imposed on the Committee members shall be defined by the law.

Article 6. The same person may not be appointed as the Committee member continuously for more than twice.

Article 7. The Committee shall elect (reelect) a chairman and deputy chairman from its membership.

Article 8. The Chairman of the Committee shall, in case of a vacant seat in the Committee, inform the President of the Republic of Armenia thereon within fifteen days.

CHAPTER 3.
THE COMMITTEE MEMBER

Article 9. The Committee Member may not:
a) be removed from his/her position before the expiration of the term in office, with the exception of the cases stipulated by the RA Law “On Television and Radio”;
b) be a member of a management body of a party, manager, employee of a public or private TV company, person being in contractual relations, the founder and (or) shareholder (equity owner) of the TV- Radio company.

Article 10. The Committee member is obligated to participate in the Committee sessions. The Committee member shall, in case of being absent for more than one month, inform in written the Chairman of the Committee thereon.
In case of failing to participate in the works of the Committee for more than three months without a good reason, the authorities of the Committee member shall be terminated.

Article 11. The Committee member shall participate in the formation of the agenda of the Committee session. His/her proposals on the agenda shall be submitted to the Chairman of the Committee in written.

Article 12. The Committee member shall be entitled to take a floor and ask questions, may submit proposals, special opinion related to the taken decisions which shall be attached to the protocol of the session.
The Committee member may submit an initiative to summon an extraordinary session.

Article 13. The Committee member shall, by the assignment of the Chairman of the Committee, obtain and undertake obligations with regard to implementation of the Committee’s authorities.
The Committee member shall carry out the delegated authorities of the Committee or the Chairman of the Committee.
For the purpose of carrying out his/her authorities the Committee member shall use the property and technical funds of the Committee.

Article 14. The Committee member acting on public bases shall, according to the procedure defined by the Committee, receive a monthly cash indemnity for his/her activities.

Article 15. The Committee member shall carry out other authorities defined by the law.

CHAPTER 4.
THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COMMITTEE

Article 16. The Chairman of the Committee shall:
a) ensure the organization of the normal operation of the Committee;
b) represent the Committee in the relations with other bodies;
c) form the agenda of the sessions, summon and conduct the Committee sessions;
d) sign and promulgate the Committee decisions, issue orders;
e) distribute the work among the Committee members;
f) oversight the implementation of the decisions adopted by the Committee;
g) submit the report on the activity of the previous year of the Committee to the National Assembly;
h) at least once a year submit a report to the Committee before March 1 of each year;
i) carry out the general management of the staff;
j) submit to the Committee for approval the draft of the by-laws, structure and personnel list of the Committee staff;
k) appoint and remove the Committee staff members;
l) implement other authority reserved by the law.

Article 17. The Deputy Chairman of the Committee shall:
a) replace the Chairman during his/her absence;
b) conduct the Committee sessions by the assignment of the Chairman of the Committee;
c) systemize the work of the Committee and the structural subdivisions of the personnel, by the assignment of the Chairman;
d) carry out other authority delegated by the Chairman.

Article 18. The Chairman and the Deputy Chairman of the Committee may not be engaged in other paid work, except the pedagogic, scientific and creative activities.

Article 19. The amount of the payment of the Chairman and the Deputy Chairman of the Committee shall be defined by the procedure stipulated by the legislation of the Republic of Armenia.

CHAPTER 5.
THE COMMITTEE STAFF

Article 20. The Committee staff shall act in compliance with the RA legislation, this Regulations, its by-laws, the Committee decisions and the orders of the Chairman of the Committee.
The by-laws, structure and the personnel list of the staff shall be approved by the Committee.

Article 21. The Committee staff shall ensure the implementation of the authorities of the Committee.


CHAPTER 6.
THE AUTHORITIES OF THE COMMITTEE

Article 22. The Committee shall ensure the elucidation and publicity of its works.

Article 23. The Committee:
a) shall develop and submit its Regulations for approval according to the defined procedure;
b) shall adopt normative-legal acts that are published in the “Newsletter of the Departmental Normative Acts of the Republic of Armenia”;
c) may be involved in the development of the interstate agreements and legislative drafts relating to the sphere of television and radio;
d) may participate in the development of the technical criteria, as well as standards of technical means of preparation of the TV-Radio programs.

Article 24. The Committee shall, according to the RA legislation, define and perform the policy of licensing and oversight of the activity of private TV-Radio companies.

Article 25. The Committee shall, within the scope of jurisdiction reserved to it by the RA legislation or in case of presence of special authorities, represent the Republic of Armenia in the other countries and international organizations.
The Committee may cooperate with corresponding institutions of other countries and international interested organizations.

Article 26. The committee shall require and obtain the information necessary for the implementation of its authority from the competent bodies, organizations and officials.
The Committee may involve specialists and experts on the public or contractual bases while carrying out its authorities. The procedure of holding an expert examination shall be defined by the Committee.

Article 27. The Committee may organize and participate in the scientific cultural events in the sphere of television and radio.
The Committee shall contribute a scientific-methodical assistance to the TV-Radio companies.

Article 28. The Committee shall discuss the applications of physical and legal entities with regard to the activities of the TV-Radio companies.

Article 29. The Committee shall periodically receive the complete list of the TV-Radio broadcasting frequencies from the Authorized State Government body of the Republic of Armenia, and according to necessity, but at least once in a year promulgate it before the end of the current year.
The Committee shall grant frequencies for the Public TV, Public Radio and broadcasting TV-Radio programs by the interstate agreements by discussing with the Government of the Republic of Armenia in advance.

Article 30. The Committee shall define the procedure, conditions and the time period of the licensing competition for the TV-Radio program broadcast.
The Committee shall announce licensing competition for broadcasting through the given frequency two months before the expiration of the broadcasting license of the TV-Radio programs or in case if a free (unoccupied) frequency is available.
The Committee shall, through a competition, allocate air frequencies for the TV-Radio broadcasting, including the full rebroadcasting.
The Committee shall ensure the promulgation of the full information on the results of the competition.

Article 31. The Committee shall:
a) approve the form of the license;
b) define the amount of the license payment and the paying order;
c) grant a license;
d) relicense the previously licensed and operating TV-Radio companies in the cases defined by the law;
e) form and promulgate the list of licensed persons.

Article 32. The Committee shall:
a) issue a written permission to perform TV-Radio programs without license in cases defined by the law;
b) allow broadcasting of ciphered programs by the TV-Radio companies;
c) be informed in written by the licensed person on each case of rebroadcasting of the programs of the foreign TV-Radio companies according to the procedure defined by the law and take it into consideration;
d) be informed in written by the licensed person on satellite broadcasting and take it into consideration.

Article 33. The Committee shall:
a) control the implementation of the license conditions;
b) carry out the monitoring of the activities of the TV-Radio companies;
c) oversight the compliance of the TV-Radio programs with the acting legislation;
d) require and obtain the sound recording and video recording of the TV-Radio programs in cases and by the procedure defined by the law;
e) oversight the compliance of the technical criteria, as well as the technical means of preparing and broadcasting the TV-Radio programs with the certification and acting standards.

Article 34. The Committee shall, for the purpose of implementing its oversight functions, make researches and examinations in the TV-Radio companies in cases and by the procedure defined by the RA law “On the Organization and Carrying out Inspections in the Republic of Armenia”.

Article 35. The Committee shall carry out administrative proceedings and apply administrative penalty.
The Committee shall:
a) in case of failing to perform or violating the RA legislation on the television and radio, the Committee decisions, as well as the conditions of the license, give a written notice to the given TV-Radio company binding to satisfy the submitted requirements;
b) in case of violating the RA legislation on the television and radio, by its decision, suspend the activity of the given TV-Radio company or the program until the elimination of the mentioned violations or the corresponding court decision;
c) terminate the activity of the TV-Radio companies without license in case of violating the requirements of the RA legislation on television and radio;
d) terminate the license of the TV-Radio company in cases and by the procedure defined by the law.

Article 36. The Committee shall each year form the estimate (budget) of its expenses for the next year and submit for approval by the defined procedure.
The Committee shall submit a report on its activities of the previous year to the National Assembly before March 1 of each year and promulgate in the press.

Article 37. The Committee shall carry out other authorities reserved to it by the RA legislation.
 


CHAPTER 7.
THE PROCEDURE FOR ORGANIZING THE ACTIVITIES OF THE COMMITTEE

Article 38. The Committee shall organize its activities through sessions and working discussions.
The Committee sessions shall be summoned by the initiative of the Chairman of the Committee, according to necessity, but no less than once in a month.
The extraordinary sessions of the Committee shall be summoned by the Chairman of the Committee by his/her initiative or by the requirement of at least four Committee members.

Article 39. The first session of the newly appointed Committee shall be conducted by the eldest Committee member. The Committee member shall record the session by the assignment of the latter.
The person presiding over the session shall represent the appointed members and announce the agenda of the first session:
a) the election of the Chairman of the Committee;
b) the election of the Deputy Chairman of the Committee.
The Committee shall elect the Chairman and the Deputy Chairman of the Committee through open vote. The decision thereon shall be taken. The protocol of the session shall be signed by the person presiding over the session and the member recording the session.

Article 40. The Committee sessions are open. Close sessions shall be summoned in cases defined by the legislation.
The discussion may be closed by the requirement of the invited person, if the information containing commercial secret shall be disclosed during the discussion.
The Committee shall promulgate the place, date and agenda of the session by at least one mean of mass media, invite interested persons to participate in the sessions.
The head of the Committee staff may participate in the Committee session by the right of advisory vote.

Article 41. The Committee members shall be notified about the place, date and agenda of the session seven days prior to the session. The Committee members may submit proposals about the agenda to the Chairman of the Committee four days prior to the session. The final agenda of the session shall be formed by the Chairman of the Committee. The final agenda shall be presented to the Committee members two days prior to the session.

Article 42. The Committee session shall be competent, if it is conducted by the Chairman of the Committee or, by his/her assignment, the Deputy Chairman of the Committee, and if at least two third of the total number of the Committee members are present in the session.

Article 43. The Committee sessions shall be recorded. The sessions shall be recorded by the secretary of the Committee staff. The protocol shall be signed by the person presiding over the session and the secretary of the session. The copy of the protocol of the session shall be send to the Committee members within seven days.

Article 44. The Committee decisions shall be adopted by open vote, with the exception of the cases stipulated by the law, by the majority votes of the total number of the Committee members.
The special opinion of the Committee member on the Committee decision shall be enclosed to the protocol of the session.
The Committee shall keep the registry of its decisions.

Article 45. The Chairman of the Committee or by his/her assignment the Deputy Chairman of the Committee shall invite working discussions.
The Committee members shall be notified on the place, date and issues to be discussed two days prior to discussion.
 


CHAPTER 8
LICENSING OF THE BROADCASTING OF TV-RADIO PROGRAMS

Article 46. The Committee shall carry out licensing in compliance with the RA legislation on the Television and Radio Broadcasting and this Regulations.

Article 47. The license for broadcasting by the cable net is shall be granted without a competition.
The license for the air broadcasting of TV-Radio programs shall be given in a competition (tender), the latter’s procedure being defined by the Committee. The terms proposed by the participant having won the competition, shall be included in the terms of the license.
The committee shall define the terms and the time periods of the competition with the consideration of the list of the existing frequencies.
The competition shall be public.

Article 48. The Committee shall maintain a register of licenses in the procedure defined by the laws. The pages of the register shall be numbered and sealed.

Article 49. The license for the cable broadcasting of TV-Radio programs shall be given for a ten year period.
The license for the air broadcasting of TV-Radio programs shall be given for a seven year period.
The effective term of the license shall not be extended.

Article 50. Two months prior to the expiration of the license for the air broadcasting of TV-Radio programs the Committee shall announce a competition for broadcasting by the frequency in question.

Article 51. The license shall contain the following data:
a) the name of the licensing body;
b) the license number;
c) the date of issuing the license;
d) the type of the activity for which the license was given;
e) the name and location of the legal entity;
f) the broadcast area;
g) the broadcast frequency;
h) the signature of the chairperson of the Committee.
The terms of the license shall be attached to the license as its integral part.

Article 52. A state duty shall be levied for giving the license or its copy, making modifications to the license, and providing other persons with information from the register of licenses in the procedure and amount defined by the RA law On the State Duties.

Article 53. A license fee shall be collected for licensing, the latter’s amount being defined by the Committee. The amount of the license fee shall be contingent on the transmitter capacity and broadcast area, and shall not exceed the five folds of the minimum (estimated) defined salary.

Article 54. In case of the loss of the license the TV-Radio company shall announce the loss through the mass media, and apply to the Committee. The Committee shall issue a copy of the license within three days after 15 days from the publication of the announcement. A copy of the license shall also be issued the third day following filing an application should the license become unfit for use.
In the upper right hand corner of the copy of the license the indication “copy” shall be made.

Article 55. In case of the reorganization of the TV-Radio company, modification of its name or change of its location, the license shall be modified in the procedure defined by the law.
The modification of the license shall be made upon the Committee’s decision, based on which a corresponding entry shall be made to the register of licenses.

Article 56. The decisions on giving a license, refusing to give a license, modifying the license, suspending the license or terminating it shall be made in the procedure defined by the law.

Article 57. The Committee shall draw up and maintain the personal file of each licensed entity, which shall be kept in the defined procedure and time period. In case of termination of the license the license shall be returned to the Committee and attached to the personal file of the licensed entity.

Article 58. The applicant for the license of the cable broadcasting of TV-Radio programs shall submit to the secretariat of the Committee either in a registered letter with a notice on the delivery or other communication means that provide for message delivery notification or a receipt given in person (hereinafter in the proper manner) an application and the attached documents defined in the RA Law On Television and Radio.
The application and attached documents for the license of the air broadcasting of TV-Radio programs shall be submitted within the time periods defined by the terms of competition announced by the Committee. The format of the application and the list of the documents shall be defined by the law and the competition procedure.
Comments and objections about the submitted documents shall be made, if the documents
a) are not in consistence with the requirements of the RA legislation and these Regulations;
b) are not complete and require additions.

Article 59. Should the submitted documents be deficient, within a ten day period after receiving the documents the Committee shall send a warning to the applicant, and the latter shall provide within ten days following the receipt of the warning the missing documents and materials.

Article 60. Based on the application and the attached documents the personal file of the applicant shall be compiled.

Article 61. In order to give a license for the cable broadcast of TV-Radio programs, the Committee shall discuss the application at its session and make a decision within 60 days after the filing of the application.
In order to give a license for the air broadcasting of TV-Radio programs based on the results of the competition, the Committee shall make a decision at its session within the time periods defined by the competition procedure.
No later than within 5 days prior of the day of the session the Committee shall publish information about the place, time and issues to be discussed at the session in printed media.

Article 62. The applicant shall be invited to the session, and he/she shall be notified about the session at least 7 days prior to the session in the proper manner. Failure of the properly notified applicant to attend the session shall not be a constraint for discussing the application and making a decision.

Article 63. In the result of discussing the application the Committee shall make one of the following decisions:
a) to grant the license;
b) to refuse granting a license.

Article 64. Giving a license for the cable broadcast of TV-Radio programs may be refused, if
a) the submitted documents are deficient, obviously false or distorted, or are not consistent with the requirements of the legislation and this regulations.
b) the applicant is not legally entitled to engage in broadcasting of TV-Radio programs;
c) technical facilities for the broadcasting of TV-Radio programs are not available.

Article 65. Should the license have insignificant deficiencies (omissions, minor inaccuracies that are not of legal nature, arithmetical mistakes and other similar errors) the application may be satisfied with a reservation that the license shall be given after removing these deficiencies.

Article 66. Within ten days after receiving the copy of the decision about granting the license the licensed person shall be obligated to pay the license fee.

Article 67. Within ten days after making the decision the copy of the decision about granting the license or refusing it shall be delivered to the applicant in the proper manner.
The license shall be given within ten days after the documents certifying the required payments have been submitted.

Article 68. The license shall become effective upon the next day following the handing or delivery of the license.

Article 69. Refusal to give a license shall not limit the applicant’s right to submit in a common procedure a new application.


CHAPTER 9.
IMPOSITION OF ADMINISTRATIVE SANCTIONS

Article 70. For violations by TV-Radio companies of RA legislation on Television and Radio, terms and conditions of the license, the Committee shall assign the following administrative sanctions:
a) warning;
b) penalties;
c) suspension of the license;
d) termination of the license.

Article 71. Should there exist data about administrative violations the Committee will notify in writing the head of the TV company in question about the impressibility of violating the law. The warning shall be made no later than within two months following the discovery of the violation.

Article 72. The penalty may be applied no later than within two months after the violation has occurred, an in case of on-going or recurrent violation, no later than within two months following the discovery of the violation.

Article 73. The limitation by a TV-Radio company of the right of the TV-Radio audience to receive other TV-Radio programs in the areas of zone coincidence of broadcast shall result in the imposition of a penalty in the amount of the hundred fifty to two hundred folds of the minimum defined salary.

Article 74. The broadcast of television programs, fiction films and documentaries, and cartoons in foreign languages, as well as the foreign language sections of Armenian programs, with the exception of the cases provided by the law, without a simultaneous translation into Armenian (in a sound or subtitle mode) shall result in an imposition of a penalty in the amount of hundred to hundred fifty folds of the defined minimum salary.

Article 75. The use of the name, call-sign or other output data only in a foreign language (without the Armenian version) shall result in the imposition of a a penalty in the amount of hundred to hundred fifty folds of the defined minimum salary.

Article 76. The broadcast of local programs of a TV company by one channel in less than 65 percent of the air time, with the exception of cases provided by the law, shall result in the imposition of a penalty in the amount three hundred to five hundred folds of the defined minimum salary.

Article 77. The re-broadcast by RA licensed TV- radio companies of the programs of a foreign TV company in more than half of their volume shall result in the imposition of a penalty in the amount of three hundred to five hundred folds of the defined minimum salary.

Article 78. Any re-broadcast without a prior warning given to the Committee shall result in the imposition of a penalty in the amount of hundred to two hundred folds of the defined minimum salary.

Article 79. The broadcast of election campaign materials during the period prohibited for such activities by the RA legislation on Elections and Referenda, shall result in the imposition of a penalty in the amount of five hundred folds of the minimum defined salary.

Article 80. Broadcast of any political or election campaign television programs during the referenda and election period without the mandatory and non-stop occurrence on the screen of subtitles “political advertisement” or “pre-election propaganda”, and minimum of three mentions about the above in case of radio broadcast shall result in the imposition of a penalty in the amount of hundred to two hundred folds of the minimum salary.

Article 81. Should a martial law or state of emergency be declared the failure to allocate airtime to the President of the Republic of Armenia or a person authorized by him/her shall result in imposition of a penalty in the amount of the five hundred folds of the defined minimum salary.

Article 82. Failure to keep the video and audio records of the programs broadcast by a TV company during a month from the day of broadcast shall result in the imposition of a penalty in the amount of hundred to three hundred folds of the defined minimum salary.

Article 83. The broadcast of a commercial during a TV-Radio program with a frequency exceeding once in every 20 minutes or 10 minutes for each air hour shall result in the imposition of a penalty in the amount of hundred folds of the defined minimum salary.

Article 84. Interruption by a commercial during official news programs shall result in the imposition of a penalty in the amount of hundred folds of the defined minimum salary.

Article 85. Failure by a TV-Radio company to at least three times daily mention its name in the air shall result in the imposition of a penalty in the amount of hundred folds of the defined minimum salary.

Article 86. Failure by a TV-Radio company to permanently broadcast its logo during the broadcast of its programs, with the exception of commercial broadcasts, shall result in the imposition of a penalty in the amount of hundred folds of the defined minimum salary.

Article 87. Failure to notify the Committee in writing about satellite broadcast shall result in the imposition of a penalty in the amount of hundred folds of the defined minimum salary.

Article 88. Ciphered broadcast by a licensed TV-Radio company without the permission of the Committee shall result in the imposition of a penalty in the amount of three hundred to five hundred folds of the defined minimum salary.

Article 89. The broadcast of programs of socio-political and socio-economic nature without obtaining a license for broadcast of TV-Radio programs shall result in the imposition of a penalty in the amount of three hundred folds of the defined minimum salary.

Article 90. The suspension of a license shall be effectuated through a temporary ban of a TV-Radio company or its program.
The license may be suspended no later than within three month from the day of violation, and in case of an on –going or recurrent violation no later than three months from discovery of the violation.

Article 91. The license may be terminated in the following cases:
a) if the license has been transferred to another person for use, has been pledged or sold;
b) in case of failure to notify the Committee about reorganization, modification of the name or change of the location within the time periods prescribed by legislation;
c) in case of a violation by a TV-Radio company that has been imposed to an administrative violation no less than twice within a year;
d) in case of proliferation of pornographic materials;
e) for broadcast of programs propagating violence and cruelty, diminishing human dignity and leaving a negative impact on the up-bringing of minors;
f) for impeding the Committee from carrying out oversight prescribed by legislation;
g) in other cases provided by the law.

Article 92. Termination of the license shall occur through recognizing the license invalid.
In case of violating the requirements of the RA legislation on Television and Radio the license may be terminated no later than within a year after the day of the violation; within a year from the discovery of the violation if there has been an on-going or recurrent violation; within a fifteen day period from the discovery of false or distorted information in the documents submitted for registration.

Article 93. The license may be terminated in the cases provided by article 55 of the RA Law on Television and Radio.

Article 94. The proceedings of the cases on administrative violations and enforcement of decisions about imposition of administrative penalties shall be affected in the procedure defined by the Administrative Code of the Republic of Armenia.

CHAPTER 10.
TERMINATION OF THE ACTIIVITIES OF THE COMMITTEE

Article 95. The activities of the Committee shall terminate in the procedure defined by the RA legislation.

Article 96. Following the termination of the activities of the Committee the property of the Committee, documents related to its activities and other materials shall be disposed of in the procedure defined by the RA legislation.

CHAPTER 11.
TRANSITIONAL PROVISIONS

Article 97. The private TV-Radio companies, shall before January 11 of 2005 reconcile the preparation of TV-Radio programs with the technical criteria and standards effective in the Republic of Armenia.

CHAPTER 12.
FINAL PROVISION

Article 98. This law shall become effective upon official promulgation.
 

President of the Republic of Armenia
R. Khocharyan

11 January, 2002
AL-293




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