Bulgaria

[BG] Licence for Digital Broadcasting of Public Television

IRIS 2010-6:1/12

Rayna Nikolova

New Bulgarian University

On 24 March 2010 the Council for Electronic Media (CEM) issued to the Bulgarian National Television (BNT) a licence for the operation of television activities: the creation of a programme offer for terrestrial digital broadcasting by means of electronic communications networks of companies, to which the Communications Regulation Commission has issued a permit for the use of individually-defined scarce resources (radio frequency spectrum for carrying out electronic communications through terrestrial digital radio broadcasting, see IRIS 2009-5/12).

The licence is issued for a programme called BNT 1, the programme profile of which is general (poly-thematic) with a national broadcasting coverage and a term of 15 years. The BNT shall fulfil its activity acting as the national public operator.

The reasoning of the CEM for issuing the licence is as follows:

- According to §35 of the temporary and concluding provisions of the Act on the Amendment and Supplementation of the Radio and Television Act the programme of BNT shall be transmitted through a public electronic communications network for digital terrestrial television and radio broadcasting with a national coverage, constructed in accordance with the First Transitional Stage of the Plan for the Introduction of Digital Terrestrial Television Radio Broadcasting (DVB-T) in the Republic of Bulgaria, as approved by the Council of Ministers (see IRIS 2008-4/13).

- According to Article 44 para. 2 of the Radio and Television Act the State shall take all necessary measures to guarantee the broadcasting of programmes of the Bulgarian National Radio (BNR) and BNT on the whole territory of the country for the implementation of policy in the field of electronic communications.

- Furthermore, the State shall implement its obligation under the said provision through the CEM which shall issue licences to the BNR and BNT for the transmission of their programmes through electronic communications networks for digital terrestrial radio broadcasting.

- Article 105 para. 3 of the Radio and Television Act introduces an easier regime for issuing licenses for television activities to the BNT in its capacity as the national public operator, since the Act envisages licences shall be issued without a tender or a competition.