Russian Federation

[RU] Emergence of the Super Authority in the Broadcasting Sector

IRIS 2007-7:1/30

Dmitry Golovanov

Moscow Media Law and Policy Centre

On 12 March 2007, the President of the Russian Federation issued a Decree regulating the status of the new authority - the Federal Service for Supervision in the Sphere of Mass Communications, Telecommunications and Protection of Cultural Heritage. The new Service shall be organised on the basis of two different bodies: one authorised to supervise in the sphere of mass communications and protection of cultural heritage, and another authorised to supervise in the telecommunications sphere. The Service shall also obtain some additional powers handed over from other administrative bodies functioning in the mass media and communications sphere. These developments can be viewed as a continuation of the administrative reform that had started in 2004 (see IRIS 2004-5: 15 and IRIS 2004-8: 13).

The Decree defined the status of the new body in general terms. According to para 3 of the Decree the Service shall perform both the legal regulation and supervision and control in the sphere of mass media and mass communications, IT and telecommunications, protection of cultural heritage, copyright and neighbouring rights, and the organisation of radio frequencies distribution. The Government was given the task to work out detailed regulation of the Service activities over the course of two months. On 6 June 2007, the Government approved Ordinance N. 354 providing corresponding regulation.

According to para 2 and 4 of the Presidential Decree and para 2 of Ordinance N. 354 the new Service shall not be under a governmental ministry as was the case with the two services it replaces, it shall fall directly under the command of the Government of the Russian Federation. Firstly, both the Service and the head of the service shall be authorised to pass normative acts concerning issues that are in the Service’s competence. In addition, the powers of the Ministry of Culture and Mass Communications to pass normative acts regulating activities of the Federal Competition Commission (a public body conducting broadcasting license competitions) and to establish rules for granting permission to disseminate foreign mass media production were handed over to the new Service. Secondly, the Service shall have the right to introduce bills concerning its sphere of competence.

The Service shall also provide: (1) supervision and control in the sphere of the mass media, television and radio broadcasting, telecommunications, copyright and neighbouring rights, cultural heritage, activities of accredited copyright and neighbouring rights collective management societies; (2) registration of the mass media; (3) licensing of broadcasting and telecommunication activities; (4) accreditation of copyright and neighbouring rights collective management societies; (5) assignment of radio frequencies; (6) administration of the registers of the mass media outlets, broadcasting licenses and major operators of general usage telecommunications networks; (7) organisation and provision of both the Federal Competition Commission and activities on radio frequency services.