Bosnia-Herzegovina

[BA] Draft Rules on Licensing for Content Providers and Distributors

IRIS 2007-7:1/7

Dusan Babic

Media Analyst, Sarajevo

The Council of the Regulatorna agencija za komunikacije (Communications Regulatory Agency - RAK) has made available the following documents for public consultation: a Draft Rule on Methods for Licensing and on Licence Conditions for Content Providers in the Audiovisual Sector, as well as a Draft Rule on Methods of Licensing and Conditions of the License for the Distribution of Radio and TV Programmes.

The main aim of the new Rules is to establish separate regulations for both cable distributors of radio and television programmes, and radio and television content providers in accordance with the EU regulations and with practice in the EU Member States. Currently, the licensing regime includes both cable distributors and radio and television content providers (cable TV stations).

Further, the new regulations aim to create a so-called technology neutral regulation that will apply to all radio and television contents irrespective of the mode of transmission (cable, satellite, mobile telephony, Internet, digital terrestrial television, etc.). In brief, only the content/message shall be the determining factor for regulation, and not the mode of transmission. At the same time, the new rule implies that editorial responsibility lies with the licencees for distributed radio and television contents with regard to possible violations of RAK rules and regulations or other legal acts relevant to programme broadcast and distribution.

All legal entities registered for broadcasting will be able to apply for a content provider licence. Included in this are future applicants as well as all cable TV stations in Bosnia-Herzegovina that currently hold a licence for the distribution of radio and television programmes via cable and which are broadcasting own programmes within these cable systems.

An application for a licence for the distribution of radio and television programmes can be submitted by all entities registered for telecommunications. The new rules will apply to future applicants as well as to all existing licencees having a licence for the cable distribution of radio and television programmes.

Comments and suggestions on the draft can be submitted up until 13 July 2007 as regards licences for content providers, and up until 11 August 2007 as regards licences for programme distribution.