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IRIS 1997-2:12/21


Regulation on using broadcasting channels

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Alexander Scheuer

Institute of European Media Law (EMR), Saarbrücken/Brussels

On 8 May 1996 the Ukrainian National Committee for Broadcasting Matters (NC) adopted a temporary regulation on the procedure of using broadcasting channels in cable and air-cable broadcasting systems based on the Ukrainian Broadcasting Act of 21.12.1993 as amended on 02.06.1995 ( see IRIS 1996-6:10 and IRIS 1995-10:10). Under this temporary regulation, the aim of which is to promote the development and distribution of programmes and organise the reception of subscription television, cable television companies using broadcasting channels will require a licence. On the basis of bilateral agreements, cable networks (in the USA referred to as `cable systems' will be permitted to retransmit broadcasts received by satellite if these are included on a special list of programmes which may be broadcast by cable. The list - to be drawn up by the NC in collaboration with the Ministries of Foreign Affairs and Culture - should also set out the ranking of input. Allocation of a licence will be subject to applicants meeting specific conditions, including agreement on the part of the network ( i.e. system) the event of a number of potential operators applying in respect of the same area, a decision will be made on the basis of tendering for the allocation. Lastly, the regulation also contains rules on the ratio of Ukrainian works to total broadcasting time and the retransmission of satellite programmes containing advertising. Information on law related policy developments which may have legal consequences but of which no documents or other texts are available yet.

  Temporary Regulation on the Procedure of Using Broadcasting Channels in Cable and Air-Cable Broadcasting Systems of 8 May 1996.