Bosnia-Herzegovina

[BA] Licensing Process Improved

IRIS 2008-10:1/8

Dusan Babic

Media Analyst, Sarajevo

A comprehensive framework for the broadcasting sector in Bosnia and Herzegovina was introduced in October 2002 with the Law on Communications of Bosnia and Herzegovina (Official Gazette of BiH, No. 31/03) which established principles based on a convergent approach, including telecommunications, radio, broadcasting (including cable television) and associated services and facilities (see IRIS 2002-10: 13). This Law gives the Communications Regulator Agency (RAK) wide responsibilities in the sectors of the converged market, broadcasting, telecommunications and the frequency spectrum management.

In May 2005, the Parliament of Bosnia and Herzegovina ratified the European Convention on Transfrontier Television, which integrated the general legal framework for the communications sector. Since then Bosnia and Herzegovina is trying to harmonize its communications legislation with European standards. Recently another important step in that direction has been made.

At its regular session held on 10 September 2008, the Council of the Communications Regulatory Agency, which guides the Agency with respect to strategic issues, has adopted, inter alia , the Rule on Methods of Licensing and Conditions of the Licence for distribution of radio and TV programs,which defines general conditions, actions and licensing and maintenance fees.

The purpose of this Rule is to provide access to the communication services for all users at a transparent, objective and non-discriminatory level, to protect the interests of all service users and to ensure a quality level within the provision of services closer to the EU standards. The Rule enters into force on 1 January 2009.

This instrument, officially titled Rule 36/2008,is replacing the existing Rule 17/2003 (Official Gazette of BiH, No. 08/03). By this rule the basic legal principles concerning the licensing process in the country have been substantially improved.