Russian Federation

[RU] Charter of the Federal Commission for the Issue of Broadcasting Licences Approved

IRIS 1999-9:1/17

Fyodor Kravchenko

Moscow Media Law and Policy Centre

The charter and membership list of the Federal Commission for the issue of Broadcasting Licences was signed on 28 September 1999 by the Ministr po delam petschati, teleradioweschtschanija i sredstw massowych kommunikazij (Federal Minister for Press, Television, Radio and Mass Communications). The establishment of this commission was laid down by Federal government decree #698 of 26 June 1999 (IRIS 1999-8: 8). Under this decree, all licences for television and radio and the use of frequencies in towns with populations greater than 200,000 persons are to be issued solely by tender. However, as a result of restructuring within the Ministry, the Federal Commission had not been set up until now and the implementation of decree #698 had not been possible until recently. The charter of the Federal Broadcasting Licence Commission is in four parts: (1) the establishment of the Commission, (2) general objectives of the Commission, (3) responsibilities of the Commission, and (4) rules of procedure for meetings and the adoption of decisions.

The first part stated that the Commission's chairman shall be the Federal Minister for Press, Television, Radio and Mass Telecommunications. The list of other members was confirmed by the Federal Minister. When a national broadcasting licence is to be awarded, the Commission is comprised of 9 members. To implement the tendering procedure in any of the 89 states of the Russian Federation, the list of Commission members is to be extended to include three representatives of the state concerned. In the case of a licence involving an area which includes a city, the following are to be selected to make up the three additional members:

- A representative of the President of the Russian Federation in that state or a person appointed by the President's representative;

- A representative of the town administration;

- A representative of the town's legislative body.

In the case of a broadcasting licence for an area in which several towns of the state are located, the following are to be members of the Commission:

- A representative of the President of the Russian Federation in the state concerned or a person appointed by the President's representative;

- A representative of the state executive body;

- A representative of the state parliament The third part of the charter provides that the Federal Commission is empowered, inter alia , to determine the following:

- The conditions of tender;

- The level of financing required for the issue of the licence;

- The winner of the tendering selection as a result of which the broadcasting licence is to be issued. Under the fourth part of the charter, meetings of the Federal Commission are to be held regularly twice a month. Decisions of the Federal Commission are valid, when at least 6 members of the Commission attend the meeting and at least half of them vote in favour. All members of the Federal Commission must vote in person; voting in absentia or by proxy is not permitted.