Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Allocation of Broadcasting FrequenciesIn keeping with Article 49 of this law, the Broadcasting Agency announcedtender in March 2006 for the allocation of TV and radio broadcastingfrequencies. 496 The tender concerned national frequencies for the territoryof Vojvodina and Belgrade. 497 Implementation requirements were publicizedand posted on the Agency’s web site. 498 Sixteen television stations applied toobtain national frequency. 499 On April 3, 2006, within the proscribed legaldeadline, 500 the Agency announced the acceptance of 12 implementations. 501Disqualified were: the RTL, on grounds of questionable ownershipparticipation (more than 49% of foreign investment); the RTV Politika,for numerous reasons; the IBC – 100% state ownership; and the TV A forcontinuous failure to make deposits. 502Of all rejected radio and television stations, the RTL draws most attention,for it comprises more than 30 television stations throughout Europe. 503The RTL’s implementation was turned down on grounds of questionableownership structure – the Agency established that more than 49%of investment in this media house is foreign, the rejection having beenstipulated by Article 41, Section 3 of the Law on broadcasting. 504 The saidsection orders that “a foreign party may take part in the founding capitalof the license-holder for program broadcasting in the amount of up to49% of total capital, unless international agreements countersigned by theFederal Republic of Yugoslavia stipulate otherwise.” 505Formulated as such, this legal provision caused numerous disagreementsand doubts among both the experts 506 and the Agency members. 507 Thus,detailed interpretation was requested from the Ministry of Culture, asthe body responsible for radio-diffusion area. 508 In the formal document,496 Public tender for the allocation of licenses for television and radio broadcasting, see the Agency’s web site: http://www.rra.org.yu/srpski/RRA-Oglas.pdf, visited on November 23 rd , 2006497 Ibid498 Ibid499 The List of Applicants to the Public Tender for the Allocation of Licenses for Television and Radion Broadcasting, see theAgency’s web site: http://www.rra.org.yu/srpski/listaprijava.pdf, visited on November 23 rd , 2006500 Law on Broadcasting, Article 53, Paragraph 1, Item 2, see above under 2501 See above under 499502 Ibid503 Tamara Skrozza, How did Vuk Hamović become a foreigner, VREME, April 6 th , 2006504 See above under 504505 Law on broadcasting, Article 41, Paragraph 3, see above under 2506 RTL has been eliminated illegally, BLIC, April 7 th , 2006507 See above under 499508 Ibid104
Implementation of Transitional Laws in Serbia 2006dated February 23 rd , 2006, 509 the Minister of Culture, Dragan Kojadinovic,submitted the formal exposition ordering the Broadcasting Agency toconsider as foreign both the foreign capital, but also the foreign origincapital by a domestic party. The Minister’s exposition stirred contradictoryresponses. Consultant for Foreign Investment, Milan Kovacevic, statedthat all enterprises founded in the country should be considered domestic:hence, the RTL had every legal right to apply for frequency license. 510Representatives of RTL expressed surprise at the Agency’s decision. Theirchief representative expressed hope that the Agency’s decision would becancelled and RTL reinstalled into the procedure for the allocation ofbroadcasting frequencies. 511 Additional doubts stemmed from the fact thatthe exposition had been given by the Ministry of Culture, which is notauthorized to determine the grounds for foreign and domestic investmentparty. Another dissatisfaction at the manner in which the matter had beenhandled came from the erroneous fact that the Ministry’s explanation,submitted on February 23 rd , concluded that the expert interpretation hadbeen requested on March 30 th 2006. 512RTL representatives were invited to meet with the Agency on April 7 th ,2006, in order to clear the misunderstanding. 513 At this meeting, the Agency’sCouncil modified its previous decision to some extent, claiming that thedecision should not be considered formal and that the RTL remain in thefrequencies allocation competition. 514 The Agency Council President, NenadCekic, said the Council would consider the objection concerning the natureof RTL’s capital ownership in the process of decision-making. 515 AnotherMinistry of Culture’s exposition was soon to be issued, accompanied byprevious consultations with the Ministry for Economic Affairs with ForeignCountries, 516 which concluded that the overall capital of the RTL consistsof 49% of foreign capital, which makes this television eligible to competefor broadcasting frequency. 517509 Exposition issued by the Ministry of Culture on February 23, 2006, see the Agency’s web site: http://www.rra.org.yu/srpski/ministar-tumacenje.pdf, visited on November 23 rd , 2006510 See above under 499511 RTL won’t give up its broadcasting frequency, BLIC, April 6 th , 2006512 See above under 499513 Meeting between Agency and RTL, B92, April 7 th , 2006, see B92’s web site: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=04&dd=07&nav_category=12&nav_id=194045,visited on November 23 rd , 2006514 RTL left without the broadcasting frequency, DANAS, April 8 th , 2006515 Ibid516 Opinion of the Ministry of Culture, November 25th, 2006. see the Agency’s web site: http://www.rra.org.yu/srpski/minkult2.pdf, visited on November 25 th , 2006517 RTL can take part, B92, April 14 th , 2006, see the B92’s web site: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=04&dd=14&nav_category=12&nav_id=194839, visited on November 25 th , 2006105
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Implementation of Transitional Laws in Serbia 2006

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