Cyprus

[CY] Act on Radio Communications of 2002

IRIS 2002-8:1/36

Christophoros Christophorou

Council of Europe expert in Media and Elections

With the Act on radio communications No. 146(I)/2002 Cyprus revised the relevant legal framework in order to harmonise it with EC directives and other European legal documents, listed in the preamble. With its promulgation, the law on wireless telegraphy and the law on commercial shipping (wireless telegraphy) dating to the days of British rule were abrogated.

The law provides that all issues of radio communications are under the authority of the Minister of Communications and Works, who must regulate in a way that frequencies be used in the public interest, that the consumers’ rights be safeguarded and harming effects on the public’s health be avoided. In the process of decision-making on certain issues, the minister should co-operate with the commissioner of Telecommunications and Postal Services and other competent authorities.

Issues related to procedures, terms and conditions for the granting of licenses and use of frequencies, as well as technical control and monitoring compliance with the legislation are regulated by the above act and relevant regulations.

With reference to broadcasting, a technical definition is given in the act, while Article 17 provides that existing radio and television stations are not subject to the provisions of Article 16 of the law for licensing. The law on radio and television stations of 1998 provided that the Minister of Communication and Works was the competent authority for drawing a plan for radio and television coverage, determining frequencies and location of transmission equipment for stations and other technical issues. The law was later amended to provide for the Director of Telecommunications - an official of the Ministry of Telecommunications and Works as the competent authority for frequencies and technical matters. The granting of the licence lied with the Radio and Television Authority. The law on radio and television stations provides that licensees are not exempted from the obligation to comply with the provisions of the law on radio communications.