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Approved by the Order of Committee on television and broadcasting under the Government of the Republic of Tajikistan of August 2, 2000 No. 52

Regulations on procedure for licensing in the field of television and broadcasting

1. This Provision is entered in connection with adoption of law "About television and broadcasting" * and establishes licensing procedure and term of its action on activities of the television and broadcasting organizations **, performing television broadcasting and broadcasting in the territory of the Republic of Tajikistan.

 

(* Further in the text - "Law")

(** Further in the text - Teleradioorganization)

 

This Provision determines regulations of relations of Committee on television and broadcasting under the Government of the Republic of Tajikistan *** as the licensing body, with the teleradio organizations.

 

*** Further in the text - Teleradiokomitet

 

The procedure and rules established by this Provision for on-air TV and radio broadcasting is applied in full in case of production and (or) distribution of teleradio programs and other mass information with use cable, wire, satellite, multichannel digital, computer, including the Internet and other networks if the legislation of the Republic of Tajikistan does not establish other.

2. The subjects which are subject to licensing according to the procedure, established by this Provision, the teleradio organizations, irrespective of patterns of ownership and their name are (the editorial office, studio, the agency, consolidation, the company, association, the company, etc.).

3. The right to organization of the teleradio organization belongs to legal entities, the Charter (Provision) and which activities conform to requirements of the Laws existing in the republic, and also in the presence of material and financial provision. At the same time the used technical equipment shall conform to State standards on technical parameters.

4. According to article 14 of "Law" of the teleradio organization has the right to perform the activities only after receipt of the license.

5. The teleradio organizations submit in Teleradio committee under the Government of the Republic of Tajikistan the application on receipt of the license.

Shall be specified in the statement:

a) name of the teleradio organization, details, data on symbolics (call sign, emblem, prompt, logo, etc.);

b) language (languages) of broadcasting;

c) broadcasting type (television, sound, other);

d) frequency and amount of broadcasting (daily, daily, etc., in hours a day);

e) (program purposes and tasks of broadcasting;

e) audience (the territory covered by broadcasting, category of the audience and listeners whom broadcasting is expected);

g) broadcasting method (radio, cable. fiber-optical, wire, satellite, etc.);

h) financing sources.

Are enclosed to the application:

1) copy of the Charter (Provision) of the teleradio organization;

2) the list of the used processing equipment;

3) Certificate of the location (address) of the teleradio organization; approximate subject and specialization of TV and radio broadcasting (Approximate broadcasting schedule).

The applicant is responsible for reliability of the data provided for receipt of the license according to the current legislation of the Republic of Tajikistan.

6. Shall pay to Teleradiorganization the money due according to the Instruction "About payment procedure of charges and application of tariff requirements for licensing for production and distribution of telebroadcasts".

7. The decision on licensing or refusal in its issue is accepted in process of collection of necessary data and readiness of materials, their comprehensive study and the analysis.

In the cases requiring additional studying of questions the corresponding expertize can be carried out. In such cases, the decision on licensing is made after receipt of materials of examination.

8. The application is considered by the commission created by Committee on television and broadcasting under the Government of the Republic of Tajikistan with participation of the representative of the Ministry of Communications of the Republic of Tajikistan according to the procedure and the terms provided by this Provision.

In necessary cases in work of the commission specialists in the field of sociology, law, scientists, cultures, arts, etc. can be attracted.

9. The refusal in licensing is allowed on the following bases and the reasons:

a) in cases of discrepancy of the documents submitted by the applicant to requirements of "Law" and this provision;

b) in case of detection of unauthenticity of the data provided by the applicant for receipt of the license;

c) if the program purposes and tasks of the applicant contradict requirements and provisions of "Law"

d) when there is no free broadcast channel (broadcasting frequency) in the declared region;

e) if the production (program) and broadcasting (transferring) base of the applicant do not meet the requirements of broadcasting and television technology;

e) when technical parameters of hardware-software blocks, studio and broadcasting equipment rooms, and also the transferring means of the applicant do not conform to the existing standards and regulations;

g) in cases if there is no need for this broadcasting program when she is not equitable to national interests of the country, or if the Teleradio committee finds professional insolvency and incompetence of her creators, or there is in it no need for this region.

The teleradio committee can refuse licensing as well on other bases and the reasons which motives will be reflected in its written message to the applicant.

For the solution of the matters of argument concerning refusal in licensing in coordination with higher bodies of the power, the Commission consisting of representatives of Majlisi Oli of the Republic of Tajikistan, the Government of the Republic of Tajikistan, the Ministry of Justice of RT, Ministry of Communications of RT and Teleradio committee can be created.

10. In case of the positive decision to the founder of the teleradio organization the license of the established sample is granted.

11. Broadcasting and relaying of programs of the foreign teleradio organizations in the territory of the Republic of Tajikistan is performed based on interstate agreements on cooperation in the field of television and broadcasting and according to agreements between Teleradio committee and the foreign teleradio organizations in coordination with the Ministry of Communications and the Ministry of Foreign Affairs of the Republic of Tajikistan.

12. As founders of the teleradio organizations in the territory of the Republic of Tajikistan only the company, organization, the organization of the Republic of Tajikistan can act.

13. The owner of the license has no right to transfer broadcast channel to physical persons, and also to extend transfers to the territory which is not specified in the license. The owner of technical means of broadcasting or the organization operating them has no right to provide these means in use to the teleradio organizations which do not have the license.

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