Cyprus

[CY] Temporary Licences to AVMS Providers to Be Extended by up to One Year

IRIS 2013-8:1/12

Christophoros Christophorou

Council of Europe expert in Media and Elections

In June 2013, the Act amending the Act on Radio and Television Stations (L. 7(I)/1998) was adopted by the House of Representatives (L. 46(I)/2013, Official gazette, 14.06.2013, pp. 297-300). Its purpose is to enable the Radio and Television Authority to extend temporary licences, granted in 2011 to broadcasting organisations and AVMS providers, by up to one year. The licences geanted so far were due to expire on 30 June 2014. The extension was necessary in view of an outstanding implementation of the Act for full harmonisation with the relevant European Directives, according to which permanent licences will be granted.

Temporary licences were issued in 2011 following the transposition of the Audiovisual Media Services Directive (2010/13/EU) into Cypriot Law. This created a new audiovisual legal framework that included broadcasting organisations and other providers of audiovisual media services. The temporary licences replaced the licences for analogue transmission in view of the digital switchover that took place on 1 July 2011 (see IRIS 2011-5/11). Their initial period of validity was due to expire on 30 June 2012. A new amending act was adopted in 2012 (L. 88(I)/2012) extending the licence to 30 June 2013.

In addition, the 2012 amending act provided for an exception allowing legal persons governed by public law to be granted a licence no matter whether they comply with the provisions of the law or not. Such an organisation was CYTA, a semi-governmental telecommunications company. The exception enabled CYTA to offer audiovisual media services on its network CYTANET. In particular, the provision on capital dispersion that does not allow ownership by any person of more than 25% of the capital share, was overcome by means of the aforementioned exception in accordance with the amending law. Thus, CYTA could continue the transmission of video on demand services and live sports events on its network.

The 2013 amending law L. 46(I)/2013 not only extended the validity of the temporary licences, but also maintained the exception mentioned above and created the new title for the Broadcasting Act reading: „Acts on Radio and Television Organisations of 1998 to 2013“.