Finland

[FI] Approval of Changes in Ownership or Effective Control of Licensees

IRIS 2006-1:1/42

Marina Österlund-Karinkanta

Finnish Broadcasting Company YLE, EU and Media Unit

On 22 December 2005, Laki televisio- ja radiotoiminnasta annetun lain muuttamisesta (Act on the Amendment of the Act on Television and Radio Operations) was ratified. This Act entered into force on 1 January 2006.

The changes consist mainly of specifications on the regulations on how to deal with situations were the an operating licence changes hands and where changes occur in the actual decision-making power with regard to the licence holder or with regard to the operations referred to in the operating licence.

As before, an operating licence may not be transferred to another party. If this should take place, the licence becomes void.

If the effective control with regard to an operating licence holder or the operations changes, the licensing authority may approve the change, if the conditions for granting the operating licence are met and if the operations will continue in accordance with the operating licence terms. If this is not the case, the licensing authority must cancel the operating licence.

The operating licensee can request a preliminary ruling on the matter.

To a large extent, the background of these changes can be found in developments within the radio sector. Changes in the actual power of decision-making had, to some degree, moved the sector from a local radio organisational basis in the direction of semi-national chains of radios. During the legislative process in Parliament, the Transport and Communications Committee introduced a specification whereby the decision-making power in relation to the operations was introduced. The essential point was that the licensee has a responsibility for the planning of the programme output, as well as for transmitting it or having it transmitted.