Transcript Правове регулювання цифрового телебаче

DTV at Ukrainian legislation
Igor Rozkladaj
Media Law Institute
Geneva-06 Agreement (RCC-06)
25.07.1997
– Ukraine with other ITU members signed an anagreement “Chester-97” (Multilateral
14.05.2003
– ITU adopted a Resolution 1185 (modified) which resolves to convene Regional
Radiocommunication Conference for planning of the digital terrestrial broadcasting
service in parts of Regions 1 and 3 , in the Frequency Bands 174-230 MHz and 470-862
MHz.
Coordination Agreement relating to Technical Criteria, Coordination Principles and Procedures for the
introduction of Terrestrial Digital Video Broadcasting (DVB-T).
10-28.04.2004 – 1st session of RRC (RRC-04) about planning DTV in parts of Regions 1 and 3 , in the
Frequency Bands 174-230 MHz and 470-862 MHz in Resolution СОМ5/1 discovered
inter-session planning group (IPG)
V-VI.2006
16.06.2006
– 2nd session of RRC (RRC-06)
– Agreement Geneva-2006 about implementation of DTV in Region 1 was signed
17.07.2007
– “Geneva-2006” came into force. Period for switching analog to digital broadcastion in
Region 1 started.
17.07.2015
– date of full switch off analog broadcasting in Region 1 (art.12)
From Ukraine it was signed by Wasyl’ Handabura (deputy minister of Transport and Communications
of Ukraine) and Olena Ulasenko (deputy chief of the radio technology department of the State
Administration of Communications of Ukraine).
Rewiew: Law on TV and radio
19.06.2003 – Group of MP’s introduced a draft law on TV and radio broadcasting (new
edition)
20.11.2003 – draft adopted in 1st reading
2004/2005 – parliament’s committee on freedom speech and information prepared
draft law for 2nd reading
12.01.2006 – Law On TV ad radio broadcasting adopted
03.02.2006 – UHU and MLI asked for President’s veto on this law
01.03.2006 – Law On TV ad radio broadcasting take into force
Parliament of Ukraine
Law on State budget on year 2006
Introducing the 1st phase of DTV in Ukraine – 10 millions UAH (1,8 million USD)
Parliament of Ukraine
Law on State budget on year 2007
Starting the synchronous zones of the digital terrestrial broadcasting – 10 millions UAH (1,8 million USD)
Government activity
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Draft of the Decree On introducing digital TV in Ukraine
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Start of improvement of DTV in Ukraine – January 1st 2006
“Ukrainian legislation has no regulation of digital TV. Thus one of purposes of this Plan is a drafting of
the amendments to the Law On TV and radio broadcasting, On frequency resource, On
telecommunications, On National TV and Radio Council (final date – September 2006)
Government activity
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Decree #815 on June 9th 2006 р. “On approval of the frequency plan of Ukraine”
Deadline for CDMA-800, which used frequencies of DTV – 01/01/2006. (до 01.01.2016). Assignment of analog broadcasting >100 W – till
01.06.2006, <100 Вт – till 01.01.2007
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Decree # 914 on July 3rd “About procedure of using funds of the State Budget 2006 for introducing the 1st
phase of DTV in Ukraine
development the Program of the 1st phase of DTV and its introduction in Crimea, Kyiv, Luhansk, Zakarpattya regions;
development of the domestic multiplexers;
software development for DTV monitoring;
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Order of KMU # 592-r on November 30th 2006
“On adoption Conception of the State program of introduction DTV”:
Ministry of Transport and Communication – customer of Program. Ministry of transport and communication with the concerned central authorities and
the National Council on TV and Radio Broadcasting not later than 4 moths must develop and submit to the Cabinet of Ministers of Ukraine draft State
Program of the introduction of digital broadcasting.
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Decree #199on February 14th 2007
“About procedure of using funds of the State Budget for starting the synchronous zones of the digital
terrestrial broadcasting ”
State Administration of communication – main beneficiary of State budget funds. It’s uses for network development project and for BRT Concern,
which obliged for development and submitting design estimates of segment of digital broadcasting and setting it into operation
Government activity
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Decree # 1085 on November 26th 2008 (finally went into force 22.04.2009)
“On adoption State Program on introducing DTV ”:
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Activities for introduction DTV:
 providing coordination of activities of central and local executive bodies, business, institutions,
organizations on introduction DTV
 revising principles of regulation activity of TV companies and operators in case of digital technology and
broadening channels
 implementation amendments to TV and radio, telecommunication legislation on licensing operators,
organization and functioning DTV
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State customer-coordinator – Ministry of transport and communications
Program director - Minister of transport and communications
Executives - Ministry of transport and communications, State TV and Radio committee, BTR Concern, National TV and Radio Council,
Nтелебачення, Національна рада України з питань телебачення і радіомовлення, NCRC, NSAU, MIPU, MDU
Terms: 2008-2015 .
Price: 4,3 billions UAH (near 9 millions from State Budget and the rest – 4,91 billion –capital investment and other resources)
Decree #1039 on November 26th 2008
“On assignation BRT Concern to Ministry of Transport and Communications” (finally went into force
22.04.2009)
National TV and radio council activity
Decision # 548 on 28.09.2005 “About introduction working group in the National TV and
radio council on introduction digital terrestrial broadcasting”:
“Listened executive secretary mr. Vladislav Lyasowski, notices proposals of JSC “UDTN”, which is ready to be an operator of
experimental multi-channel digital network decides to introduce working group on research a conditions of introduction digital TV
in Ukraine.
Members of working group:
Vladyslav Lyasowski - executive secretary, member of National council, head of working group
 Yuriy Storozhuk – first deputy head of National council
 Ihor Kurus – deputy head of National council
 Yuriy Plaksiuk - member of National council
 Viktor Ponedilko - member of National council
 V.Lasorenko – head of department of scientific and technical and frequincy development of National council
 A. Novitski – head of licensing department
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Working group not later that November 15th 2005 must put forward a proposals of introduction DTV in Ukraine
National TV and radio council activity
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16.11.2005 – Decision # 741 “On Decree of KMU On introducing digital TV in Ukraine“:
Decided to adopt Decree…
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21.12.2005 – 1st experimental digital contest in DVB-T (MPEG-2 encoding, 4 TV-channels)
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09.03.2006 – 5 companies win contest for DTV broadcasting in Kyiv :
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41st channel - DE «Era Production», 1,3 kWt;
43rd channel - «ТRC “Express-Inform”» Ltd, 0,5 kWt;
51st channel - JSC “UDTN” & «TRC “ЕTER”» Ltd, 0,5 kWt
64th channel - «Gamma Consulting» Ltd, 0,2 kWt
«TRC “ЕTER”» relinquished and later became of DVB-H provider
National TV and radio council activity
03.10.2007 – Decision # 1260 “On amendments and additions to the Plan of developing national TV and radio
space in case of introduction of 1st phase of DTV” – founded МХ1-3 in MPEG-2 encoding, МХ-4,5 in
MPEG-4 encoding, МХ-6 – DVB-H, MX7,8 – HDTV. National council decided about 7 phases of
switching to digital broadcasting
 05.12.2007 – Decision # 1711 finalized experimental contest in Kyiv
Decisions # 1712, 1713 provides who’ll be in MX-1-3 and announced contest fro MX-4
 02.04.2008 – winners on МХ-4 contest (Decisions # 657-№666)
 23.04.2008 – Decision “On amendments to decision # 1713. One encoding – MPEG-4, MX-1 – coded, MX-2-3 –
nationalwide.
 16.07.2008 – Decision #1337 “On introduction regional digital channel МХ-5”
Decision #1338 On introduction regional digital channel МХ-6” - DVB-H
 31.03.2009 – Decision # 587 National council temporarily allows UDTN broadcast another TV-companies
 01.04.2009 – Start of МХ-4. At this time we have 4/81 zones (## 17,18, 70, 74)
 16.09.2009 – Decision # 1824 all winners will be inspected
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Law on TV and radio broadcasting
Articles, which touched to DTV in the last edition of TV and radio broadcasting law:
Article 1. Terms
multi-channel TV network (cable or terrestrial) - telecommunications network designed to transmit TV and radio programs, as
well as other telecommunication and multimedia services, can provide simultaneous broadcast of more than one TV and radio
programs and can integrate with other public telecommunications networks;
 multichannel television network operator - an entity (legal or natural person), which provides maintenance and technical
operation of multichannel television network under the Law of Ukraine "On Telecommunications", without providing the program
(information) services;
 software package - a list of TV and radio programs, which software services provider offers to subscribers on a contractual basis
as an integrated information service;
 provider of software services - an entity that is under the license issued by the National Council of Ukraine on Television and
Radio, on a contractual basis, providing subscribers the ability to view packages using these programs to transmit multi-channel
TV network resources;
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Article 22. Introducing and development broadcasting channels, networks, TV-networks
7. The switching from analog to digital broadcasting realized in accordance with the Development Plan.
8. National Council promotes the introduction of digital broadcasting and related technological upgrading of existing channels and
broadcast networks. Changing the broadcasting license terms during the transition from analog to digital broadcasting in terms of
changes in process parameters, type of broadcasting (switching to multi-channel broadcasting) and changes the concept of
broadcasting program performed by the procedure prescribed by this Law reissuing licenses to broadcast.
9. In case the licensee within two months from the moment of channel or network readiness for the introduction of digital
broadcasting has not submitted to the National Council the appropriate application of re-licensing, the National Council announces
the licensing of multichannel broadcasting. However, the current licensee has right to broadcast on one channel of the new digital
multichannel network.
12. The number of channels, networks and broadcast TV network, which involves the use of radio frequency resource of Ukraine in
each territorial category, taking into account broadcasting using digital technology, determined by National council.
Law on TV and radio broadcasting
Articles, which touched to DTV in the last edition of TV and radio broadcasting law:
Article 23. Licensing of broadcasting
5. Digital broadcasting in radio frequency resource of Ukraine is licensed as a multichannel broadcasting.
7. On a competitive basis by issuing licenses to:
multichannel broadcasting with using of radiofrequency resource
8. No competitions are issuing licenses to:
Broadcasting on channel broadcast multichannel television networks ether in the case provided for ninth part of Article 22 of this Law.
Article 24. Application for grant (continue) licenses for broadcasting
2. The statement must contain the following information:
e) characteristics of channels, network broadcasting, multichannel television networks:
for broadcasting in multi-TV network and multi-Broadcast - telecommunications operator that provides service and maintenance of television
networks, location of the main station of the multichannel network, the maximum number of channels (source) of multi-channel network,
location area (reception) multi-channel network;
Article 25. Competition for the licensing for broadcasting
1. As a result of open competitions licenses granted for broadcasting with using of frequency resources, as well as broadcast on free channels of
multichannel networks.
Article 27. License for broadcasting
1. Broadcasting license granted not later than ten days after the adoption by the National Council decision in case of payment of license fee and
is the only legitimate reason for broadcasting
3. License has such information:
detailed characteristics of channels, network broadcasting, multichannel television networks: the frequency (frequencies), the location and
power of the transmitter (transmitters), the area distribution of programs, locate the main station of multichannel television network, the
maximum number of channels (source) multi-channel television network, location area (reception) multichannel networks ;
Law on TV and radio broadcasting
Articles, which touched to DTV in the last edition of TV and radio broadcasting law:
Article 31. License fee
5. Fee on re-registration about changing analog to digital the same as fee on new registration of multi-channel broadcasting.
Стаття 35. License re-registration
8. Statement on license changing cause of switching from analog to digital broadcasting considered during 1 month.
Стаття 36. License period of validity
1. License on broadcasting granted on period, established by National council bun not less than:
for terrestrial broadcasting and multi-TV-channels broadcasting in multi-channels networks – for 7 years;
Law on TV and radio broadcasting
Section IV. TELEVISION AND RADIO BROADCASTING IN MULTI-CHANNEL TV network. Collective
admission. Relay
Article 39. Broadcasting in multichannel TV network
1. Multichannel television networks as a telecommunication network are created, registrated, maintained and protected in accordance with the
Law of Ukraine "On Telecommunications".
2. For TV and radio broadcasting and transmission in multichannel television network entities must obtain the appropriate license from the
National Council.
3. The right to distribute TV and radio programs in the multi-TV network has only:
a) TV and radio broadcasting, which obtained licenses with use of multichannel television network resource in accordance with Article 23 of
this Law;
b) entities, which the National Council granted a license provider of software services.
4. TV and radio companies broadcast with multichannel television network resource in accordance with the terms of license agreements with
broadcasters and multichannel television network operator.
5. ISP programming services using multi-channel TV network based on provider licenses and agreements with multichannel television network
operator.
7. Providing software services is based on an agreement between the subscriber and the licensee concluded according to law. The agreement
must determine:
type provided by the software packages (a package consist of universal service program, a standard package or individual package on request);
list of TV and radio programs that a provider agrees to provide to the customer;
fee for the package and / or a fee for providing separate TV and radio programs.
Article 40. Licensing of providers of software services
1. To organize activities (broadcasting) of cable TV and radio broadcasting entity (provider or operator of telecommunications or cable
operators) must obtain a license (permission) of the National Council.
Law on TV and radio broadcasting
Problem 1. State Program on introduction DTV in Ukraine
Present provisions:
Article 7
2. KMU provides realization of state policy of TV and radio, coordinates activity of central authorities in this field
Possible decision:
KMU must organize Coordination council which provides step-by-step State program with concrete activities of each
state authority, with terms and responsibilities.
MP’s – members of Committee of the freedom of speech and information jointly with media lawyers and technical
experts in urgent regime prepares amendments to legislation on TV and radion
Possible problems:
Sabotage from state authorities
Law on TV and radio broadcasting
Problem 2. Monopoly preventing (media property and concentration)
Present provisions:
Article 8
1. No one can control over the 35 % of corresponding TV market – national wide, regional or local.
3. One legal person can have only one license on each corresponding segment of TV market - national wide, regional or local
Стаття 24
5. To ensure compliance with set limits of antitrust laws and restrictions on the share of foreign owners in the statutory fund TV
and radio The National Council has the right:
additionally ask for and receive from TV and radio information on the allocation of shares in statutory funds of legal persons who
are its founders and owners, including shareholders
Possible decision:
1) Introducing adequate limit of licenser per one person (For example: 2 places on nationalwide MX + 2 in regional + X nonsynchronized networks)
2) Full medial transparency
3) Limitation of off-shores
Possible hinders:
Off-shores owners
Law on TV and radio broadcasting
Problem 3. Provider vs. Operator
Analog terrestrial broadcasting:
National
Council on TV
and radio
Air
Broadcasting
license
Operator
TVRC
TVRC – TV and radio company
Law on TV and radio broadcasting
Problem 3. Provider vs. Operator
Cable / satellite broadcasting:
satellite
Free
National
Council on TV
and radio
License
Broadcasting
license
TVRC
TVRC
TVRC TVRC
TVRC
TVRC
TVRC
TVRC TVRC
Agreement/payments
Provider
Operator
Agreement
cable
Law on TV and radio broadcasting
Problem 3. Provider vs. Operator
Digital terrestrial broadcasting:
National
Council on TV
and radio
Air
License
Broadcasting
license
Operator
MX
TVRC TVRC
TVRC TVRC
TVRC TVRC
Agreement
Provider*
MX (coded)
Free
Agreement/payment
TVRC TVRC
TVRC TVRC
* Provider nor pack TV channels,
but take payments for coded channels
Law on TV and radio broadcasting
Problem 3. Provider vs. Operator
Analog
Operator
Provider
Digital
Cable
Satellite
Provides signal transmission
No. Each TV company has own
TV channel
?
Packing TV channels,
Concludes a treaty with
customers and TV companies
Only for coded TV
channels
Posiible decision:
1) Privider for DTV isn’t useful, because National TV and Radio Council decides who’ll be in multiplex
2) New edition on broadcasting law has a special “provider of DTV” which involved only when we have
coded multiplex. This type of provider has less functionality than cable/satellite
Law on TV and radio broadcasting
Problem 4. Language
At this time:
Article 10. Using languages in TV company’s information activity
1. TV companies broadcasts on state language.
2. Broadcasting on some territory could be on minority languages, which lives compact on this territory.
3. If language of original isn’t Ukrainian. Such programs could be broadcasted only with dub on Ukrainian
Possible decision:
Broadcasting must have dub or post scoring track on Ukrainian and on minority language. Also possible alternatives tracks on
other languages - English, Polish etc.
Law on TV and radio broadcasting
Problem 5. Transmitters and multiplexers
The main thing is not to provide transmitters and, especially multiplexers to TV companies or affiliated persons.
Decision: Use the same arrangements as in probl. 2
Problem 6. Advertisement
Ad creeping lines and other plugs not corresponding wit ad quotes
Decision: Provide in law quotes for such adverisement
Problem 7. PSB/PBS
Decision: Provide in law guarantee for stable broadcastings of PSB
Law on TV and radio broadcasting
Question 8. License fee
Article 31.
5. Fee on re-registration about changing analog to digital the same as fee on new registration of multi-channel broadcasting.
The main problem of this norm that the different companies has different license term. Thus some companies de-facto
will pay double fee.
Decision:
New edition of Law on the TV and radio broadcasting must contain a provisions about introducing DTV e.g. minimal fee
for all broadcasters of vired fee for different broadcasters.
Thank you!
[email protected]