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DTV at Ukrainian legislation

DTV at Ukrainian legislation. Igor Rozkladaj Media Law Institute. Geneva-06 Agreement (RCC-06).

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DTV at Ukrainian legislation

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  1. DTV at Ukrainian legislation Igor Rozkladaj Media Law Institute

  2. Geneva-06 Agreement (RCC-06) 25.07.1997 – Ukraine with other ITU members signed an anagreement “Chester-97” (Multilateral Coordination Agreement relating to Technical Criteria, Coordination Principles and Procedures for the introduction of Terrestrial Digital Video Broadcasting (DVB-T). 14.05.2003 – ITU adopted a Resolution 1185 (modified) which resolvesto conveneRegional 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. 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 MHzin Resolution СОМ5/1 discovered inter-sessionplanning group (IPG) V-VI.2006– 2nd session of RRC (RRC-06) 16.06.2006– Agreement Geneva-2006 about implementation of DTV in Region 1was signed 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). 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)

  3. 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 broadcastingadopted 03.02.2006– UHU and MLI asked for President’s veto on this law 01.03.2006– Law On TV ad radio broadcastingtake into force

  4. 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)

  5. 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)

  6. Government activity • Draft of the Decree On introducing digital TV in Ukraine • 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)

  7. Government activity • Decree #815onJune 9th2006 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 • 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; • 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. • Decree #199on February 14th2007“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 estimatesof segment of digital broadcasting and setting it into operation

  8. Government activity • Decree # 1085 on November 26th2008 (finally went into force 22.04.2009) “On adoption State Program on introducing DTV ”: • 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 • State customer-coordinator – Ministry of transport and communicationsProgram 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 #1039on November 26th 2008 “On assignation BRT Concern to Ministry of Transport and Communications” (finally went into force 22.04.2009)

  9. 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 Working group not later that November 15th 2005 must put forward a proposals of introduction DTV in Ukraine

  10. National TV and radio council activity • 16.11.2005 – Decision # 741 “On Decree of KMU On introducing digital TV in Ukraine“: Decided to adopt Decree… • 21.12.2005 – 1st experimental digital contest in DVB-T (MPEG-2 encoding, 4 TV-channels) • 09.03.2006 – 5 companies win contest for DTV broadcasting in Kyiv : • 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

  11. 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

  12. 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; 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.

  13. 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 resource8. 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 broadcasting3. 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 ;

  14. 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;

  15. 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 separateTV 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.

  16. 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-stepState 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

  17. 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 non-synchronized networks) 2) Full medial transparency 3) Limitation of off-shores Possible hinders: Off-shores owners

  18. Law on TV and radio broadcasting Problem 3. Providervs. Operator Analog terrestrial broadcasting: TVRC – TV and radio company Air National Council on TV and radio Broadcastinglicense Operator TVRC

  19. Law on TV and radio broadcasting Problem 3. Providervs. Operator Cable / satellite broadcasting: satellite Free National Council on TV and radio License Provider Agreement/payments Broadcastinglicense TVRC Operator cable TVRC TVRC TVRC Agreement TVRC TVRC TVRC TVRC TVRC

  20. Law on TV and radio broadcasting Air National Council on TV and radio Problem 3. Providervs. Operator Digital terrestrial broadcasting: License Broadcastinglicense Operator MX Free TVRC TVRC Provider* MX (coded) Agreement/payment TVRC TVRC Agreement TVRC TVRC TVRC TVRC TVRC TVRC * Provider nor pack TV channels, but take payments for coded channels

  21. Law on TV and radio broadcasting Problem 3. Providervs. Operator Posiible decision: 1) Prividerfor 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

  22. 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.

  23. 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

  24. 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.

  25. Thank you! igor@medialaw.kiev.ua

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