LAW
FOR THE RADIO AND TELEVISION
Prom.
SG. 138/24 Nov 1998, amend. SG. 60/2 Jul 1999, amend. SG. 81/14
Sep 1999, amend. SG. 79/29 Sep 2000, amend. SG. 80/18 Sep 2001, amend. SG. 96/9
Nov 2001, amend. SG. 112/29 Dec 2001, amend. SG. 77/9 Aug 2002, amend. SG. 120/29 Dec 2002, suppl. SG. 99/11
Nov 2003, amend. SG. 114/30 Dec 2003, amend. SG. 99/9 Nov 2004, amend. SG. 115/30
Dec 2004
Chapter
one
GENERAL
PROVISIONS
Art.
1. (1) This law settles the radio and television
activity on the territory of the Republic of Bulgaria.
(2) Radio and
television activity is the creation of radio and television programmes and of additional information for broadcasting
through land broadcasting, by cable, satellite or other technical devices, in
coded or decoded type, designated for direct reception by unlimited number of
persons.
Art.
2. The
provisions of this law shall not apply for:
1. radio and television programmes
created with the purpose of broadcasting in one building
only;
2.
radio and
television programmes created with the purpose of
broadcasting for the needs of state bodies or corporate bodies when the contents
of the programme regard only their activity and the
broadcasting equipment is their property.
Art.
3. (1) (Suppl., SG 96/01)
The radio and television activity shall be carried out by radio and television
operators; on the grounds of registrations or licences
issued by the order of this law.
(2) (amend., SG 79/00; suppl., SG 96/01)
Radio and television operators are individuals, sole entrepreneurs and corporate
bodies with licences or registration for radio and
television activity.
(3) The radio
and television operators can also be telecommunication operators in the context
of the Law for the telecommunications. In this case they shall not have the
right to provide telecommunication services to third persons unless their licences for telecommunication activity stipulate
otherwise.
(4) The
provisions of this law shall apply for all radio and television programmes created for broadcasting or broadcast by
respective operators under the jurisdiction of the Republic of
Bulgaria.
Art.
4. The radio
and television operators shall be public and commercial.
Art.
5. (amend.,
SG 79/00) The commercial radio and television operators, sole entrepreneurs and
trade companies with licence for radio and television
activity, operating with the basic purpose of distributing profit among their
owners.
Art.
6. (1) (suppl., SG 79/00)
The public radio and television operators are individuals, sole entrepreneurs
and corporate bodies with licence for radio and
television activity whose main purpose is to contribute to the realisation of the basic constitutional right to
information.
(2) The
public radio and television operators are subject of the public or private
law.
(3) The
public radio and television operators shall:
1.
submit for
broadcasting political, economical, cultural, scientific, educational and other
socially important information;
2. provide access to the national and global cultural values and
popularise the scientific and technical achievements
through broadcasting Bulgarian and foreign educational and cultural programmes for all age groups;
3. Provide,
through their programme policy, protection of the
national interests, the all-human cultural values, of the national science, of
the education and culture to all Bulgarian citizens regardless of their ethnic
belonging;
4. encourage the creation of works of Bulgarian
authors;
5. promote the Bulgarian performing art.
Art.
7. The
Bulgarian National Radio (BNR) and the Bulgarian National Television (BNT) are national public radio operator and, respectively,
national public television operator who:
1. provide programmes for all citizens
of the Republic of Bulgaria;
2. assist the development and popularisation of the Bulgarian culture and Bulgarian
language, as well as of the culture and the language of the citizens in
compliance with their ethnic belonging;
3. provide through their programmes
access to the national and European cultural heritage;
4. include in their programmes
broadcasts which inform, educate and entertain;
5. apply the new information technologies;
6. (Amend.,
SG 96/01) relate the various ideas and convictions of the society by pluralism
of the points of view in each and every news and current publicist broadcasts of
political and economic subject;
7. contribute to the mutual understanding and tolerance in the
relations between people;
8. provide possibility for the citizens to acquire information
regarding the official position of the state on important issues of the public
life.
Art.
8. (1) This law guarantees
the independence of the radio and television operators and their activity from
political and economic interference.
(2) (Amend., SG 96/01)The Council for electronic media, as a specialised independent body, shall carry out supervision in
the cases stipulated by this law.
(3) (new - SG
77/02) The National Assembly shall approve strategy for the development of the
radio and TV activity by terrestrial broadcasting, prepared by the Council for
electronic media and the Commission for regulation of
telecommunications.
Art.
9. (1) The creation of radio
and television programmes in the Republic of Bulgaria
shall be free.
(2)
Censorship of the programmes in any form whatsoever
shall not be admitted.
(3) Provided
is freedom of the reception and the retranslating of radio and television programmes shall not be restricted on the territory of the
country, under the conditions of this law.
(4) (amend., SG 79/00) Para 3 shall not apply temporarily in cases
of gross violation of the provisions of art. 10, para 1, item 6 and art. 17, para 2 and 3 in compliance with the obligations undertaken
by the Republic of Bulgaria under enacted international
agreements.
Art.
10. (1) In carrying out their
activities the radio and television operators shall be guided by the following
principles:
1. guaranteeing the right to free expression of
opinion;
2. guaranteeing the right to information;
3. preservation of the secret of the source of
information;
4. protection of the personal inviolability of the
citizens;
5. non-admission of programmes
suggesting intolerance among the citizens;
6. (amend.,
SG 79/00) non-admission of programmes contradicting
the good manners, especially if they contain pornography, praising or freeing
from blame cruelty or violence or instigate hatred based on racial, sexual,
religious or national nature;
7. guaranteeing the right to response;
8. guaranteeing the copyright and related rights of the
broadcasts and programmes;
9. preservation of the purity of the Bulgarian
language.
(2) (amend.,
SG 79/00) At least 50 percent of the total annual programme time, excepting the news and the sport broadcasts,
radio and television games, the commercials, the teletext and the radio and television market, must be
allocated for European productions when practically
possible.
(3) (amend.,
SG, 79/00) At least 10 percent of the total annual programme time, excluding the news and the sport broadcasts,
radio and television games, the commercials, the teletext and the radio and television market, must be
allocated for European productions created by outside producers. This ratio must
be achieved gradually by allocation of enough funds for new productions, i.e.
productions which are broadcast not later than 5 years after their
creation.
(4) (new, SG
79/00) The requirements under para 2 and 3 shall not apply for programmes designated for the local auditorium and which are
distributed by one operator who is not a part of the national
network.
Art.
11. (1) Every opinion can be
expressed freely in radio and television broadcasts.
(2) The
journalists and the creative workers who have concluded contracts with radio and
television operators shall not receive instructions and directives for their
activity by persons and/or groups other than the bodies of management of the
radio and television operators.
(3) Public
criticism regarding the programme policy of radio and
television operators on the part of their employees shall not be considered
disloyal regarding the employee.
(4) The
journalists who have concluded contracts with radio and television operators
shall have the right to refuse the fulfilment of
assigned tasks if they are not related to the fulfilment of the provisions of this law or of the
respective contracts and contradict to their personal convictions; technical and
editorial processing of programme material and news
cannot be refused.
(5) Among the
owners and/or the managing bodies of the radio and television operators and the
journalists who have concluded contracts with them can be agreed editorial
statute for the work in the sphere of publicity.
(6) The
editorial status must contain concrete definitions and measures
for:
1. providing the freedom and the personal responsibility of the
journalistic work in fulfilment of the assigned
task;
2. protection of the journalists in the context of para 2;
3. professional and ethical norms of the journalistic activity
of the respective radio and television operators;
4. the ways of taking decisions which regard the journalistic
activity;
5. establishment of internal body for settlement of occurred
disputes related to the journalistic work on the creation of the programmes.
Art.
12. (1) The programmes of the radio and television operators shall be
broadcast in the official language according to the Constitution of the Republic
of Bulgaria.
(2) (amend., SG 79/00) The programmes or
individual broadcasts of the radio and television operators can be in other
languages when:
1. they are broadcast with educational
purpose;
2. they are designated for Bulgarian citizens whose mother
tongue is not Bulgarian;
3. they are designated for listeners or viewers from
abroad;
4. foreign radio and television programmes are retranslated;
Art.
13. (1) The radio and
television operators shall have the right to obtain the necessary information
from the state and municipal bodies if it does not contain secret stipulated by
a law.
(2) The radio
and television operators shall be obliged to use precisely and in unbiased way
the obtained information.
(3) The radio
and television operators shall submit information about their activity in the
cases stipulated by this law.
(4) (amend.,
SG 79/00) Radio or television operator who has exclusive right on an important
event shall be obliged to provide access of the other radio and television
operators for its informational presentation in compliance with the obligations
undertaken by the Republic of Bulgaria under enacted international
agreements.
Art.
14. (1) The radio and television operators shall be
obliged to record the programmes provided by them for
broadcasting and to keep the records for a period of 3 months considering from
the date of submission.
(2) If,
within the period under para 1, a request for response
is received or a claim is made against the radio or television operator in
connection with the contents of a programme or
broadcasting the record shall be kept until the conclusion of the
case.
(3) A person
who claims that he has been affected by a broadcasting
shall have the right of access to the respective archives and to copy of the
record, made for his account.
(4) (Amend.,
SG 96/01) The Council for electronic media can require from the radio and
television operators materials, as well as carry out inspections on the spot,
related to the exercising of the supervision on the fulfilment of this law.
Art.
15. (1) The radio and television operators shall not
be obliged to disclose their sources of information except in cases of pending
court proceedings or pending proceedings on a claim of affected person, of the
Council for electronic media.
(2) The
journalists shall not be obliged to disclose the sources of information not only
before the audience but also before the management of an operator, except in the
cases under para 1.
(3) The radio
and television operators shall have the right to include in broadcasts
information from unknown source explicitly announcing
that.
(4) The
journalists shall be obliged to keep secret the source of information of this is
explicitly requested by the person who has provided it.
Art.
16. (1) The radio and television operators cannot
create and submit for broadcasting programmes
containing information related to the personal life of the citizens without
their consent.
(2) The radio
and television operators can include in their broadcasts information to the
public interest regarding the personal life of citizens carrying out legal
capacities of state bodies or of citizens whose decisions have effect on the
society.
(3) For
violations under para 1 and 2 the radio and television
operators shall owe public excuse to the affected person. This will not deprive
the affected person to seek compensation by court order.
(4) The
restrictions under para 1 and 2 shall not apply when
regarding the person a sentence has been enacted for premeditated crime of
general nature.
Art.
17. (1) The radio and
television operators shall bear responsibility for the contents of the programmes submitted by them for
broadcasting.
(2) The radio
and television operators shall be obliged not to admit creation or submission
for broadcasting of programmes in violation of the
principles of Art. 10, as well as programmes suggesting national, political, ethnic, religious
and race intolerance, praising or freeing from blame cruelty or violence or
which are directed at damaging the physical, mental and moral development of the
minors and underage persons.
(3) (suppl. SG 79/00) The provisions of para 2 relating to the minors and underage persons shall not
regard the coded broadcasts and/or broadcasts between 23.00 hours and 6.00 hours
and which are clearly marked by preceding audio and/or audio-visual sign or are
identified by a visual sign during the whole time. This provision shall not
exclude the responsibility of the operator for observing he principles of art. 10 during the whole
time of the programme.
(4) The radio
and television operators shall not be responsible for disseminated information
and its contents when they are:
1. obtained by official order;
2. quotations of official documents;
3. precise reproduction of public
announcements;
4. based on materials received from information agencies or from
other radio and television operators.
(5) Changes
shall not be permitted in quoting documents.
(6) The news,
as informational facts, must be differentiated from the comments on
them.
(7) (amend. SG 79/00) When a part of a programme uses a programme of
another radio or television operator it must be explicitly pointed out and to be
in compliance with the legal provisions of the Law for the copyright and the
related rights.
Art.
18. (1) Persons, state and municipal bodies affected
by radio or television broadcasting shall have a right to
response.
(2) Within 7
days from the day of the broadcasting the persons and the bodies under para 1 shall have the right to request in writing from the
respective radio or television operator the submission for broadcasting their
response. The request must state the disputed assertions, as well as the date
and the hour of the broadcasting.
(3) The radio
and television operators shall be obliged to include the response in the next
issue of the same broadcasting or in equal time within 24 hours from the receipt
of the response without admitting changes or shortening of the
text.
(4) The
submission for broadcasting response shall be free of charge for the persons and
the bodies under para 1.
(5) The
duration of the response cannot exceed the duration of the disputed part of the
broadcasting.
Art.
19. The radio
and television operators shall broadcast programmes
only upon preliminary settled copyright and related
rights.
Chapter
two
COUNCIL
FOR ELECTRONIC MEDIA(Amend., SG
96/01)
Section
I.
General
provisions
Art.
20. (Amend.,
SG 96/01) (1) The Council for electronic
media is an independent specialised body who regulates
the radio and television activity through the registration or issuance of licences for carrying out the radio and television activity
and through exercising supervision only on the activity of the radio and
television operators for the fulfilment of this
law.
(2) The
Council for electronic media shall observe, in its activity, the interests of
the society by defending the freedom and pluralism of the speech and the
information, as well as the independence of the radio and television
operators.
Art.
21. The
Council for electronic media is a corporate body with headquarters in Sofia and
independent budget.
Art.
22. In its
activity the Council for electronic media shall be assisted by administrative
and technical offices whose structure and number of personnel shall be
determined independently in compliance with the resources provided for the
respective year.
Art.
23. The
Council for electronic media shall adopt regulations for its structure and
activity.
Section
II
Members
of the Council for electronic media
Art.
24. (1) The Council for electronic media shall consist
of 9 members of which 5 shall be elected by the National Assembly and 4 shall be
appointed by the President of the Republic.
(2) The
decision of the National Assembly and the edict of the President under para 1 shall come into force
simultaneously.
Art.
25. (Amend.,
SG 96/01) Member of the Council for electronic media can be a person of
Bulgarian citizenship, who has a permanent address on the territory of the
country, with higher education and professional experience in the sphere of the
electronic media and/or the telecommunications, including no less than five
years of practice in a radio and/or television organisation or in the sphere of the telecommunications, or
a five years term of practice as a lecturer in the sphere of the media or of the
telecommunications.
Art.
26. Members
of the Council for electronic media cannot be persons who:
1. have been sentenced to prison for premeditated crime of
general nature;
2. sole entrepreneurs, owners of the capital of trade companies,
partners, managers, procurators or members of managing and control bodies of
trade companies and cooperations.
3. have been employed or have been collaborators of the former
State Security.
Art.
27. (1) (Amend., SG 96/01)
During their mandate, and according to item 4 - two years upon its expiration,
the members of the Council for electronic media cannot:
1. (Amend., SG 96/01) occupy another paid position under legal
terms of employment;
2. occupy elective positions in state and municipal bodies, in
management bodies of political parties and coalitions and trade
unions.
3. be
members of bodies of management, control or supervision of trade companies and
cooperations;
4. (Amend.,
SG 96/01) be consultants or members of bodies of management, control and
supervision of radio and television operators, as well as acquire shares or
stock in radio and television operators and advertising
agencies;
5. (Suppl., SG 96/01) be consultants or members of bodies of
management, control or supervision of non-profit organisations who have obtained licence for radio or television
operators;
6. receive in any form whatsoever remuneration from radio or
television operators, except according to the legislation for intellectual
property.
(2) The
employers who have legal terms of employment with a person who becomes member of
the Council for electronic media shall be obliged, upon his request, to permit
unpaid leave for the duration of his mandate. Upon expiration or termination of
his mandate they shall be obliged to reinstate him at the position occupied
before that if he so wishes.
Art.
28. Before
assuming the occupation the members of the Council for electronic media shall
sign declaration confirming that they meet the requirements of this law. The
declarations shall be kept in the archives of the Council for electronic
media.
Art.
28a. (New, SG
96/01) (1) Every
member of the Council for electronic media and the competition commission under
art. 116c shall be obliged to disclose in writing to the Council for electronic
media every substantial commercial, financial or other business interest which
he and the members of his family have in taking a specific
decision.
(2)
Substantial interest shall be present always when the persons under para 1 or members of their families, as well as persons with
whom each of them is economically related:
a) obtain licence for radio and
television activity;
b) are employed in supervisory bodies in the sphere of the radio
and television activity, the telecommunications or elected in managing boards of
radio and television organisations, cable or
telecommunication operators or advertising agencies.
(3) The
obligation of the persons under para 1 shall be
fulfilled by presenting a declaration to the Council for electronic media at the
time of their occupying office and at least once in six months, containing the
names and the addresses of persons related economically with them or with the
members of their families, as well as for the business interests which have
occurred or could have occurred. The declarations under this para shall be kept in a special public register at the
Council for electronic media.
(4) A member
of the Council for electronic media who has a direct business interest in taking
a certain decision shall be obliged to declare it and not participate in the
discussions and the voting.
(5) The
injured party, as well as every interested, can request the Supreme
Administrative Court to revoke the decision taken in violation of the preceding
para.
Art.
29. (Amend., SG 96/01) (1) The
members of the Council for electronic media shall be elected or appointed for a
period of 6 years. The members of the Council for electronic media shall be
re-elected every 2 years for each quota.
(2) One
person cannot be member of the Council for electronic media for more than two
consecutive mandates. His repeated election or appointment must not contradict
the renewal according to para 1.
(3) The
members of the Council for electronic media shall fulfil their obligations until the taking up of the duties
of the new members.
Art.
30. (1) The mandate of a
member of the Council for electronic media shall be terminated ahead of terms in
cases of release of the person from his occupation or
death.
(2) (Amend., SG 96/01) The release of a member of the Council for
electronic media shall be made by a decision of the Council for electronic
media.
1. (Amend., SG 96/01) for filing written application to the
chairman of the Council for electronic media by the person who
resigns;
2. for
permanent actual inability to fulfil his obligations
for more than six months;
3. for
established incompatibility with the requirements of this
law.
4. (New, SG
96/01) for enactment of a sentence which imposes a punishment of "imprisonment"
for deliberate crime.
(3) For
termination ahead of term of a mandate of a member of the Council for electronic
media within 1 month from the death or the decision under para 2 the competent body shall elect or appoint in his
place a new member until the end of his mandate.
(4) (Amend.,
SG 96/01) Termination ahead of term according to para
2, item 1 and 4 in case of death shal be announced
before the Council for electronic media by its chairman.
Art.
31. (1) (Amend., SG 96/01) At
their first meeting the members of the Council for electronic media shall elect
among the members chairman for a period of one year.
(2) The
chairman shall:
1. represent the Council for electronic
media;
2. convene the meetings of the Council for electronic media and
shall chair them;
3. sign the acts of the Council for electronic media adopted in
fulfilment of this law;
4. maintain the connections of the Council for electronic media
with the state bodies and with the radio and television operators, as well as
with international organisations in the sphere of the
radio and television activity.
5. (new - SG
79/00) issue punitive decisions for violations of the provisions of this
law.
6. (New, SG
96/01) prepare the meetings of the Council for Electronic
media;
7. (New, SG
96/01) manage the work of the administrative technical
offices;
8. (New, SG
96/01) control the fulfilment of the adopted
acts.
(3) (Revoked,
SG 96/01)
(4) (amend. SG 79/00; amend., SG 96/01) The release of the
chairman from his post shall be done upon expiration of the one-year period for
which he has been elected or at his own wish, upon a decision of the Council for
electronic media.
(5) (Amend., SG 96/01) The Council for electronic media, at the
proposal of every of its members, can take decisions for termination ahead of
term, of the mandate of the chairman for failure to fulfil his obligations.
(6) The
decisions under para 4 and 5 shall determine the date
of the next meeting where new election shall be made.
Section
III
Legal
capacities of the Council for electronic media
Art.
32. (1) The Council for electronic media
shall:
1. carry out supervision of the activity of radio and television
operators for the observation of this law;
2. elect and release the general directors of BNR and
BNT;
3. approve, at the proposal of the general directors, members of
the management boards of BNR and BNT;
4. give opinion in working out normative acts and in concluding
international agreements in the sphere of the radio and
television;
5. give opinion on the project for subsidy from the state budget
for BNR and BNT;
6. approve annually the non-budget plan-account of fund "Radio
and television";
7. organise the study of the public
assessment of the activity of the radio and television operators and their programmes;
8. give opinion regarding the changes of the size of the fees
for using the radio and television services;
9. (suppl. SG 79/00; amend., SG 96/01)
take decisions on the issuance, amendment, supplement, revoking, transferring
and termination of licences for radio and television
activity;
10. approach the competent bodies for violations of the normative
acts in carrying out radio and television activity;
11. determine the members of the management board of fund "Radio
and television", adopt regulations for the structure and activity of the fund
and of the management board and appoint the executive director of the
fund;
12. (New, SG
96/01) can issue obligatory instructions on fulfilment
of the licences for radio and television
activity;
13. (New, SG
96/01, amend. SG 112/01) require from the Commission for regulation of the
communications information regarding the technical parameters necessary for
ground radio broadcasting and radio and television programmes for indicated by the Council for electronic media
populated area, region or for the whole territory of the Republic of Bulgaria,
including free radio frequencies, admissible capacity for broadcasting, possible
points of broadcasting, as well as other technical
information;
14. (New, SG
96/01) carry out competition for determining radio and television operator to
whom telecommunication licences are issued for using
available and/or construction and using of new telecommunication networks for
ground radio broadcasting;
15. (New, SG
96/01, amend. SG 112/01) issue individual licence for
radio and television activity to the winner of the competition under item 14 and
inform the Commission for regulation of the communications in view of the
issuance of telecommunication licence to the same
person;
16. (New, SG
96/01) make and delete registrations for carrying out radio or television
activity in the cases stipulated by the law;
17. (New, SG
96/01) jointly with other bodies represent the Republic of Bulgaria in
interstate and inter-government organisations on
issues related to the electronic media, and carry out coordinating functions
between the state administrative bodies and non-government organisations in view of the formulation of common policy
regarding the electronic media.
18. (suppl. SG 79/00; prev. item 12 -
SG 96/01) take other decisions in fulfilment of the
legal capacities under this law and international contracts in the field of
radio and TV activity to which the Republic of Bulgaria is a party, the news and
the sport broadcasts, radio and television games, the commercials, the teletext and the radio and television market, must be
allocated for European productions.
(2) In fulfilment of its legal capacities the Council for
electronic media shall adopt regulations, decisions and declarations and shall
give opinions in the cases stipulated by the law.
(3) (new - SG
79/00)The National council for radio and TV shall
approve and publish a list of the events of important public significance and
ensure measures for protection of the access of the audience to their reflection
so that an operator under the jurisdiction of the Republic of Bulgaria with
acquired exclusive rights over events with important public significance to
exercise these rights in a way that:
1. not to
deprive significant part of the audience in the country from the opportunity to
follow these events live, fully or partially and if this is necessary or
appropriate due to objective reasons of public interest - reflecting the events
after some time, fully or partially on the free of charge
TV;
2. not to
deprive a considerable part of the auditorium in a country - member of the
European Union or a country - party to the European Convention for cross-border
television, from the possibility of viewing live, entirely or partially, and if
this is needed or appropriate, due to objective reasons of public interest -
through presentation after a certain period of time, entirely or partially by
the free of charge television, of the events of important public significance,
according to the provisions adopted by this other country, under conditions of
reciprocity.
(4) (New, SG
96/01) The Council for electronic media shall announce publicly the taken
decisions in connection with the fulfilment of their
authority, including the way by which the law is applied, as well as the grounds
for change of their practice. The decisions of the Council for electronic media
shall be motivated.
Art.
33. The
Council for electronic media shall carry out supervision on the activities of
the radio and television operators regarding only:
1. (suppl., SG 79/00) the observance of the principles under
Art. 10, para 1 and the ratio under
art. 10, para 2 and 3;
2. the observance of the requirements under Art. 6, para 3 and Art.
7;
3. the reporting of the elections for state bodies and bodies of
local independent government;
4. (suppl., SG 79/00) the compliance with the requirements
regarding the commercials and the radio and TV market in the broadcasts of the
radio and television operators;
5. the observance of the norms regarding the charitable
activities and sponsorship;
6. the preservation of the secrets stipulated by the law in the
radio and television activity;
7. (amend., SG 79/00) the observance of the requirements for the
broadcasts directed to the underage and minors;
8. the information regarding decisions of the jurisdiction and
the other state bodies in the cases stipulated by the law;
9. the protection of the rights of the
consumers;
10. the technical quality of the broadcasts and programmes;
11. (amend., SG 79/00) the observance of the restrictions
stipulated by the law, by the licences and enacted
international agreements party to which is the Republic of
Bulgaria.
12.
(New, SG
96/01) the compliance with the conditions of the licences for radio and television
activity.
Section
IV
Meetings
Art.
34. (1) The Council for electronic media shall be
convened for meetings by the chairman:
1. at his initiative or
2. by a
request of at least one third of its members.
(2) The
invitation for the meeting shall contain draft agenda of the
meeting.
Art.
35. (Suppl., SG 96/01) The Council for electronic media shall
hold meetings which shall be regular if attended by so many members as necessary
for taking decisions on the agenda. The voting shall be personal and in
presence.
Art.
36. In taking
their decisions the members of the Council for electronic media shall be guided
by the principles of:
1. solidarity;
2. publicity and transparency;
3. independence in the discussions and taking the
decisions;
4. cooperation with the state bodies, the radio and television
operators and the non-governmental organisations with
activities in the sphere of the radio and television or the protection of the
copyright and its related rights;
5. protection of the interests of the viewers and
listeners.
Art.
37. The
Council for electronic media shall take decisions by common majority of all
members.
(2) The
decisions under Art. 31, para 1 and
5 and Art. 32, para 1, item 3 shall be taken by
a majority of two thirds of all members.
(3) (amend., SG 79/00) If a decision is not taken at three
consecutive meetings during one month under Art. 2 it shall be taken by a common
majority.
Art.
38. (suppl., SG 79/00: Amend., SG 96/01)
(1) The decisions of the Council for
electronic media shall be subject to appeal before the Supreme Administrative
Court.
(2) The
appeal of the decisions of the Council for electronic media for election and
release of the members of the managing boards and of the general directors of
the BNR and BNT, as well as of the decisions under art. 30, para 2, item 2 and 3 shall not stop their fulfilment.
Art.
39. (1) (Amend., SG 96/01) The Council for electronic
media shall issue Information Bulletin where the taken decisions and current
Art.s on the issues of the audio-visual culture, the
results from the monitoring of the radio and television operators, as well as
the studies of the public opinion requested by the Council for electronic media
shall be published.
(2) The
Council for electronic media shall publish annually, not later than March 31, a
report for its activity during the previous year.
Section
V
Financing
and remuneration
Art.
40. The
Council for electronic media shall be financed by fund "Radio and
television".
Art.
41. (1) For the time during which they fulfil their functions the members of the Council for
electronic media shall receive monthly remuneration in amount equal to three
average monthly salaries of the persons employed in the national economy
according to data of the National Institute of Statistics.
(2) (Revoked,
SG 96/01)
(3) The basic
monthly remuneration shall be readjusted every quarter on the basis of the
average monthly salary for the last month of the preceding
quarter.
Chapter
three
BULGARIAN
NATIONAL RADIO AND BULGARIAN NATIONAL TELEVISION
Section
I
General
provisions
Art.
42. (1) The Bulgarian National Radio and the Bulgarian
National Television are corporate bodies with headquarters in
Sofia.
(2) The
Bulgarian National Radio and the Bulgarian National Television shall carry out
operative management of the state property submitted to them before the
enactment of this law.
Art.
43. The
Bulgarian National Radio and the Bulgarian National Television shall create and
submit for broadcasting radio and television programmes and additional information, including teletext.
Art.
44. (1) The broadcasting of
radio and television programmes of BNR and BNT shall
be carried out by own telecommunication devices or on the basis of a contract
with licensed telecommunications operator.
(2) The state
shall carry out licence policy in the sphere of the
telecommunications which guarantees the broadcasting of programmes of BNR and BNT on the whole territory of the
country.
Art.
45. (1) The Bulgarian National Radio and the Bulgarian
National Television shall introduce and offer new radio and television
services.
(2) The
Bulgarian National Radio and the Bulgarian National Television shall create
conditions for distribution and implementation of digital and other new
technologies in the radio and television activity.
Art.
46. (1) The Bulgarian National Radio and the Bulgarian
National Television shall have the right to conclude contracts for purchasing
ready made audio and audio-visual production.
(2) The
Bulgarian National Radio and the Bulgarian National Television can conclude
contracts with other radio and television operators for supply, retranslation or
exchange of programmes.
Art.
47. (1) The Bulgarian National Radio and the Bulgarian
National Television shall have the right to create on their own programmes and broadcasts or to assign their creation to
external producers, as well as to participate in joint
productions.
(2) Producers
of news and current publicity broadcasts of political and economical subject,
included in the programmes of BNR and BNT can only be
The Bulgarian National Radio and the Bulgarian National
Television.
(3) The
creation of audio and audio-visual production by external producers shall be
carried out through a competition and conclusion of contract with BNR and
BNT.
(4) The
principles of the relations and the order of creation of joint productions, of
holding competitions and conclusion of contracts with external producers shall
be settled by the regulations adopted by the management
board.
Art.
48. The
Bulgarian National Radio and the Bulgarian National Television shall have the
right to include free of charge in their news reports and information about
events for which other radio or television operator has exclusive rights for
reporting, in compliance with the Law for the copyright and related rights,
obligatory announcing the source of information.
Section
II
Programmes
of BNR and BNT
Art.
49. (1) The Bulgarian National Radio and the Bulgarian
National Television shall create national and regional programmes; programmes for abroad,
including for the Bulgarians abroad of whom the Bulgarian language is not mother
tongue, including in their language.
(2) (amend., SG 79/00) The regional programmes shall report events of local importance. They
shall be created by regional radio and television centres and shall be designated for both the population of
the respective region and for participation in the national radio and television
programmes.
(3) The
territory of the regions, the regional programme
schemes and the participation of the radio and television centres with their own programmes
in the creation of the national radio and television programmes shall be approved by the management boards of BNR
and BNT.
Art.
50. The
Bulgarian National Radio and the Bulgarian National Television shall work out
their programme policy in compliance with the
requirements for national public operators for radio and television
activity.
Art.
51. The
Bulgarian National Radio and the Bulgarian National Television shall be obliged
immediately and free of charge to provide programme
time for official announcements of representatives of the state bodies in cases
of calamities or direct threat for the life, the security and the health of the
population or individual persons.
Art.
52. (1) Right of address by BNR and BNT have the
President of the Republic, the Chairman of the National Assembly, the Prime
Minister, the Chief Prosecutor and the chairmen of the Constitutional Court, the
Supreme Administrative Court and the Supreme Court of
Cassation.
(2) By a
decision of the National Assembly BNR and BNT shall be obliged to provide
immediately programme time for direct broadcasting of
plenary sessions.
(3) The
provision of programme time under para 1 and 2 shall be free of charge.
Art.
53. (1) The Bulgarian National Radio and the Bulgarian
National Television can provide programme time for
address to the believers and for broadcasting important religious ceremonies by
a request of:
1. The
Bulgarian Orthodox Church;
2. other officially registered religions.
(2) The
conditions and the order of providing programme time
under para 1 shall be determined by the regulations
for the organisation and activity of BNR and
BNT.
Art.
54. The
conditions and the order of providing programme time
by BNR and BNT for participation in election campaigns shall be determined by a
law.
Section
III
Management
of BNR and BNT
Art.
55. (1) Bodies of management of the Bulgarian National
Radio are:
1. the management board of BNR;
2. the general director of BNR.
(2) Bodies of
management of the Bulgarian National Television are:
1. the management board of BNT;
2. the general director of BNT.
Art.
56. The
general directors of BNR and BNT and the members of the management boards shall
carry out their activities on the grounds of contracts assigning the management
to them.
Art.
57. (1) The employer who has
legal terms of employment with a person under Art. 55 shall be obliged to permit
unpaid leave for the duration of the respective mandate. Upon expiration or
termination of the mandate he shall be obliged to reinstate him to the
previously occupied position.
(2) The
persons under Art. 55 who, by the moment of election or appointment by the
Council for electronic media have legal terms of employment with another
employer shall have the right to terminate them under the conditions of Art.
325, item 8 of the Labour Code.
(3) The
persons under Art. 55 who, by the moment of election or appointment by the
Council for electronic media have legal terms of employment with higher schools
or scientific organisations as lecturers with academic
rank or equal to them scientists shall have the right to continue their
lecturing or scientific activity during their mandate.
Art.
58. (1) The management boards
of BNR and BNT shall consist of five members approved by the Council for
electronic media at the proposal of the respective general
directors.
(2) The
management boards of BNR and BNT shall include the respective general director
who shall be chairman of the board by right.
(3) (Amend., SG 96/01) In the absence of the general director of
BNT or BNR shal lauthorise a
member of the managing board to substitute him.
Art.
59. (1) Members of the management boards of BNR and
BNT can be persons of Bulgarian citizenship, residing on the territory of the
Republic of Bulgaria, with higher education and professional experience in the
sphere of radio and television activity of the culture, the journalism,
audio-vision, telecommunications, the law or the
economics.
(2) Members
of the management boards of BNR, respectively of BNT, cannot be persons
who:
1. have been sentenced to prison for premeditated crime of
general nature;
2. sole entrepreneurs, owners of the capital of trade companies,
partners, managers, procurators or members of managing and control bodies of
trade companies and cooperations.
3. have been employed or have been collaborators of the former
State Security.
Art.
60. (1) The mandate of the
management boards of BNR and BNT shall be 3 years.
(2) One
person can be elected in the management board of BNR, respectively of BNT, for
no more than two mandates.
(3) One
person cannot simultaneously be member of both the management boards of BNR and
BNT, as well as to be a member of one of them and of the Council for electronic
media.
Art.
61. (1) The mandate of a member of management board
shall be terminated ahead of terms by the Council for electronic media at the
proposal of the respective general director on the grounds for termination ahead
of term of a mandate of a member of the Council for electronic
media.
(2) (Revoked,
SG 96/01)
At. 62. The
management board of BNR, respectively the management board of BNT
shall:
1. determine the basic directions of development, the volume and
the structure of the programme;
2. adopt regulations for the structure and organisation of the activity, for salaries, for payment to
external collaborators, for the editorial activity, for the advertising
activity, for keeping and using the funds and for the external and joint
productions;
3. take decision for establishing expert and consultative
councils and determine the order of carrying out their
activity;
4. adopt the structure and the occupations of personnel, the
conditions and the order of concluding contracts with external collaborators and
journalists;
5. adopt the
draft budget and the subsidy from the state budget included in it; send, upon
co-ordination with the Council for electronic media, to the Ministry of Finance
the project for subsidy for its inclusion in the draft law for the state
budget;
6. adopt the budget and its distribution, the number of
personnel, the average salary and the resources for
salaries;
7. accept the report on the fulfilment
of the budget;
8. at the
proposal of the general director take decision for opening and closing regional
centres and determine their statute, structure and
management in co-ordination with the Council for electronic
media;
9. determine professional requirements for categories of
employed persons in the radio and television activities;
10. approve the occupational characteristics of the
employees;
11. approve all contracts for commercials and sponsorship, as
well as all other contracts of value above the fixed one by the regulations for
organisation and activity;
12.
approve
the conclusion and the termination of the employment contracts of management
officials in BNR, respectively in BNT and their divisions according to a list of
the occupations specified in the regulations for the organisation and their activity;
13. settle other issues within their
competence.
Art.
63. (1) The management boards
of BNR and BNT shall be convened for meetings by the general
directors:
1. at their initiative or
2. at the
request of at least two of the members of the boards.
(2) The
invitation for the meeting shall contain draft agenda of the
meeting.
(3) The
meetings shall be considered regular if attended by members enough for taking
decisions on the preliminary announced agenda.
Art.
64. The
management boards of BNR and BNT shall take decision by a common majority of all
members.
Art.
65. The
members of the management boards shall receive from BNR, respectively from BNT,
for the duration of their mandate, monthly remuneration amounting to three
fourth of the monthly remuneration of the members of the Council for electronic
media.
Art.
66 (1) (Suppl., SG 96/01) For general
directors of BNR, respectively of BNT, shall be appointed persons meeting the
requirements for member of the Council for electronic media. Required for the
candidates for general director of BNR shall be no less than five years of
practice in a radio, and for the candidates for general director of BNT - no
less than five years of practice in a television.
(2) The
mandate of the general directors of BNR, respectively BNT, is 3
years.
(3) The
general directors of BNR, respectively of BNT, shall be terminated ahead of
term:
1. on the
grounds for termination ahead of terms of a mandate of member of the Council for
electronic media;
2. if it is established that he commits or admits the commitment
by other persons of gross or systematic violation of the provisions regarding
the principles of carrying out the activity of the radio and television
operators.
Art.
67. (1) (Prev. text of art.
67 - SG 96/01) The mandate of the general director of
BNR, respectively of BNT, shall be terminated ahead of
term:
1. on the
grounds stipulated for termination ahead of term of a member of the Council for
electronic media;
2. if it is established that he commits or admits the commitment
by other persons of gross or systematic violations of the provisions regarding
the principles of carrying out the activity of the radio and television
operators.
(2) (New, SG
96/01) In case of termination ahead of term of a mandate of a general director
and until the new election, to be held within three months, the management of
the respective organisation shall be assigned to a
person appointed by the Council for electronic media and meeting the
requirements of art. 66.
Art.
68. The
general director of BNR, respectively of BNT shall:
1. carry out the programme
policy;
2. carry out the operative management of BNR, respectively of
BNT and their property;
3. propose to the Council for electronic media for approval the
members of the management board and shall extend proposal to the Council for
electronic media for termination of their mandates ahead of
term;
4. convene and chair the meetings of the management
board;
5. conclude and terminate the employment contracts of the
employees;
6. exercise the right of employer under the Labour Code;
7. represent BNR, respectively BNT before all individuals and
corporate bodies in the country and abroad;
8. organise the working out of the
draft budget and present it to the management board for
approval;
9. organise the fulfilment, the conclusion and accounting of the budget and
present it for adoption by the management board.
Art.
69. The
general directors of BNR and BNT shall receive monthly remuneration in amount
equal to the remuneration of chairman of standing commission of the National
Assembly.
Section
IV
Financing
of BNR and BNT
Art.
70. (1) The Bulgarian National Radio and the Bulgarian
National Television shall work out, fulfil, conclude
and account independent budgets.
(2) The
management boards of BNR and BNT shall approve, within the frames of their
budget, a budget or a budget account for expenses of the regional radio and
television centres and the other structural
units.
(3) To the
revenue of the budget of BNR and BNT shall be received:
1. financing from fund "Radio and
television";
2. subsidy from the state budget;
3. own income from commercials and
sponsorship;
4. revenue from additional activities related to the radio and
television activity;
5. donations and inheritance;
6. interest and other income related to the radio and television
activity.
(4) The
subsidy from the state budget shall be:
1. for preparation, creation and broadcasting national regional
programmes; the subsidy shall be determined on the
basis of normative per hour of programme approved by
the Council of Ministers;
2. expedient subsidy for long-term material assets according to
a list annually approved by the Ministry of Finance.
(5) The
expenditure part of the budget shall be made according to the classification for
the expenses of the state budget.
(6) The
excess of the income over the expenses at the end of the year shall be
transitive remainder and shall be included in the budget for the following
year.
Art.
71. The
Bulgarian National Radio and the Bulgarian National Television shall assist the
creation and the performance of national audio and audio-visual production
allocating for new production as follows:
1. The
Bulgarian National Radio shall allocate for creation and performance of
Bulgarian musical and radio dramatic production no less than 5 percent of the
subsidy of the state budget and fund "Radio and
television";
2. The
Bulgarian National Television shall allocate for Bulgarian TV films no less than
10 percent of the subsidy of the state budget and fund "Radio and
television".
Chapter
four
COMMERCIALS,
RADIO AND TELEVISION MARKET AND SPONSORSHIP
Section
I
General
provisions
Art.
72. (1) The radio and
television operators shall have the right to create and include commercials in
their programmes.
(2)
Individuals programmes and broadcasts of the radio and
television operators can be sponsored.
(3) The
commercials and the sponsorship shall be carried out by the radio and television
operators according to the conditions stipulated by this
law.
Art.
73. The
commercials and the sponsorship shall be settled by written contracts between
the radio and television operators and the commercials payer or the
sponsor.
Art.
74. (1) (prev. art. 74 -
amend., SG 79/00) The rules for the commercials also
regard the radio, respectively the television market, unless this law provides
explicitly otherwise.
(2) (new, SG
79/00) The provisions of this law shall apply
respectively regarding:
1. programmes dedicated exclusively to
the radio and television market, as the advertising must not exceed 15 percent
of the programme time for the
day;
2. programmes dedicated exclusively to
self promotion, as the advertising must not exceed 15 percent of the programme time for the day and 12 minutes per
hour.
Section
II
Commercials
Art.
75. (1) The commercials must
comply with the requirements for loyal competition according to the acting
legislation.
(2) The
commercials cannot encourage behaviour harmful to the
health or the personal security of the citizens, as well as behaviour damaging the environment.
Art.
76. (1) (amend. and suppl.,
SG 79/00) It shall not be permitted to broadcast commercials containing
pornography or inciting violence and disregard of the human dignity as well as
behaviour which violates the public peace and the
generally accepted moral norms. Not admitted shall be commercials with erotic
contents with participation of underage and minors or designated for
them.
(2) (amend., SG 79/00) It shall not be permitted to broadcast
commercials based on national, political, ethnic, religious, racial, sexual and
other discrimination.
(3) The
commercials directed to the children or in which children participate must avoid
everything which could have negative effect on their physical, mental and moral
development.
(4) The
commercials directed to underage persons must meet the following
conditions:
1. not to appeal to the underage to purchase commodities or use
services taking advantage of their inexperience or
trustfulness;
2. not to take advantage of the special trust the underage have
in their parents, teachers and other persons;
3. not to show underage in dangerous
situations.
4. (new, SG
79/00) not to encourage directly the minors and the underage to convince their
parents or other persons to buy the commodities or the services which are
advertised.
(5) (new, SG
79/00) The radio and TV market directed at minors and
underage must meet the requirements of para 4, as well
as not instigate the underage to conclude contracts for sale or lease of
commodities and services.
Art.
77. (1) (amend., SG 79/00)
Prohibited are also commercials using means of subconscious
suggestions.
(2) The
concealed commercials are prohibited.
Art.
78. The owner
of the commercials shall be obliged not to influence the contents of the programmes.
Art.
79. The
commercials cannot use the state coat-of-arms, the anthem of the Republic of
Bulgaria, persons occupying elective positions in the state government, as well
as the voices and the images of journalists working for the operators - anchors
of news, of political and economic broadcasts.
Art.
80. (1) The commercials for
commodities and services for whose production and trade special permit is
required can be included in the programmes of the
radio and television operators only after the commercial owner presents the
necessary permit.
(2)
Prohibited are any commercials for cigarettes and for the
smoking.
(3) The
commercials for all kinds of alcoholic beverages must comply with the following
requirements:
1. not to be directed to minors and underage persons or to be
broadcast in programmes for
them;
2. (suppl., SG 79/00) not to use minors and underage as
performers or, in particular, present minors and underage using these
beverages;
3. (suppl., SG 79/00) the contents of the commercials must not
be related to sport and physical achievements or driving
vehicles;
4. not to maintain that the alcoholic beverages possess
therapeutic qualities, have stimulating or sedative effect or that they solve
personal problems;
5. (suppl., SG 79/00) not to encourage the excessive consumption
of alcoholic beverages or present the abstention or the moderation in negative
light;
6. not to suggest that the high alcoholic contents contributes
to the good quality of the alcoholic beverages.
7. (new, SG
79/00) not to create impression that the using of alcohol contributes to a
social or sexual success.
(4)
Commercials for narcotics and other psychothropic
substances shall not be admitted.
(5) The
commercials for medical supplies and medical treatment shall be included in the
programme only if they are complied with the
requirements of the acting legislation. Commercials for medical supplies and
medical treatment permitted for use only by a doctor's prescription shall not be
permitted.
(6) (new, SG
79/00) Prohibited is the radio and TV market of medicines and medical
treatment.
Art.
81. (amend., SG 79/00) The restrictions under art. 74, para 2 and art. 86 do not
regard announcements of the radio and television operators themselves in
connection with their own programme or the additional
services offered by them, as well as public announcements and appeals for
charity which are included in the programmes free of
charge.
Art.
82. (1) The commercials must
be clearly distinctive as such and to be separated from the remaining parts of
the programme by visual or sound
means.
(2) The
commercials shall be included in the programmes in the
form of commercial blocks. As an exception, the programmes can include individual
commercials.
(3) The
commercials shall be included in the programme between
the individual elements. It can be included in the broadcast itself only on
condition that its entity and quality are not violated and the copyright is
guaranteed.
(4) In
broadcasts consisting of individual parts the commercials can be included
between these parts.
(5) For
broadcasting sport events and competitions the commercials shall be included
between the individual parts or in the interruptions of the event or
competition.
Art.
83. (1) Commercials shall not be admitted during
national celebrations and religious services.
(2) New,
political and economic commentaries and analyses, documentary films and children
programmes shall not be interrupted for
commercials.
Art.
84.
Entertainment programmes, as well as feature films and
television films, with the exception of series, documentary films can be
interrupted once in every 45 minutes on condition that the duration of the programme or the film exceeds 45 minutes. Further
interruption is possible in every 20 minutes upon expiration of two complete
periods of 45 minutes.
Art.
85. Paid
coverage shall not be admitted during the news and political
broadcasts.
Art.
86. (1) The total duration of
the commercials for each individual programme cannot
exceed:
1. for BNT -
15 minutes per day and night and 4 minutes per hour;
2. for BNR -
6 minutes per hour;
3. for the
remaining public radio and television operators - 6 minutes per
hour;
4. for the commercial operators - 15 percent of the programme time for the day and 12 minutes per
hour;
5. the Bulgarian National Television shall have the right to use
up to one third of the total volume of the commercial time for the day and night
within 19.00 - 22.00 hours.
(2) (amend.,
SG 79/00) In the programmes of the country BNR and BNT
centres, designated for regional broadcasting the
total duration of the commercials cannot exceed 6 minutes per
hour.
(3) The
restrictions under para 1, item 1 - 3 does not regard
the commercials included in broadcasts during coverage of events of the art,
culture and sport of all-national and international importance determined as
such by a decision of the management boards of the respective radio and
television operators. In this case the provision of para 1, item 4 shall apply.
(4) (new., SG
79/00) The restriction under para 1, item 4 regarding
the maximal duration does not regard the programmes
dedicated exclusively to the radio and TV market.
Art.
87. (1) The informational
commercial films, interviews and announcements with commercial purpose shall be
included in the total commercial time.
(2) Admitted
in the presentation of the commercials under para 1
shall be the participation of journalists - anchors of news, of political and
economic broadcasts.
Art.
88. (1) (amend,. SG 79/00)
The forms of radio and TV market are individual programmes dedicated to a radio and TV market, a market
window and a market spot. The total admissible duration under
art. 74, para 2 and
art. 86 include the duration of the radio and TV
spots.
(2) The total
number of the radio and television market windows cannot be more than eight per
a day and night and their total duration cannot exceed 3 hours per day and
night.
(3) Every
radio and television market window must have a minimal duration of 15
minutes.
(4) The
restrictions under para 2 do not regard the specialised radio and television market
channels.
Section
III
Sponsorship
Art.
89. The
individual broadcasts of the operators can be sponsored entirely or
partially.
Art.
90. (1) Sponsors of broadcasts cannot be political
parties and organisations, as well as religious organisations.
(2) Sponsors
of broadcasts cannot be persons whose basic activity is the production of
commodities and services prohibited for commercials.
(3) Political
and economic broadcasts cannot be sponsored if they contain analyses and
commentaries or whose subject is similar to the subject of activity of the
sponsor.
(4) News
cannot be sponsored, with the exception of the sport news, if they are separated
from the other parts of the programme by visual or
sound means or an individual broadcasting.
Art.
91. The
sponsor shall not have the right to influence the contents and the presentation
of the sponsored broadcast.
Art.
92. (1) The sponsored broadcasts cannot appeal for
sale, purchase or using commodities and services of the sponsor or of third
person, especially by indicating these commodities and services in the
broadcasts.
(2) The name
of the sponsor and/or his trade mark shall be mentioned, presented or indicated
in another way, only at the beginning and/or at the end of the
broadcasting.
Chapter
five
FINANCING
THE RADIO AND TELEVISION ACTIVITY
Section
I
Fees
Art.
93. (1) For financing the
public radio and television activity monthly fee shall be paid on the basis of
every registered electric gauge.
(2) Fee shall
not be paid for electric gauge for three-phase electricity registered for
industrial purposes.
(3) The
persons who do not possess radio and TV receivers or do not receive radio and
television broadcasts shall declare this fact by a declaration filed with the
respective office. They shall be released from payment of the fee under para 1 from the day of filing the
declaration.
(4) The
respective office can, at any time(revoked - Decision No 10 of the
Constitutional Court of June 25, 1999 - SG, No 60/1999), carry out inspection of
the correctness of the declaration. If incorrectness of the declaration is
established or the person does not admit the inspection the fee shall be due in
double for the entire period from the day of filing the
declaration.
Art.
94. (1) The citizens shall
pay monthly tax under Art. 93 amounting to 0.6 of the minimal
salary for the country determined by the Council of Ministers for every
registered electric gauge.
(2) Corporate
persons and individuals carrying out trade activity, as well as the state and
municipal organisations shall pay monthly fee
amounting to 2.5 percent of the minimal salary for the country determined by the
Council of Ministers for every registered electric gauge.
Art.
95. The fee
under Art 94 shall be paid together with the due amounts for electric power by
the respective order through the desks of the electric supply enterprises of the
"National Electric Company" Co.
Art.
96. Released
from payment of fees shall be citizens with impaired hearing or sight with II
degree of disability.
Art.
97. (1) Fee shall not be paid for using receivers and
devices by health institutions, kindergartens and homes, educational, social and
cultural institutions according to a list proposed by the respective ministries
and administrative bodies and approved by the Council for electronic media, as
well as if the receivers and the devices are used as
monitors.
(2) The list
under para 1 shall be published in the Informational
bulletin of the Council for electronic media and shall be updated
periodically.
Section
II
Fund
"Radio and television"
Art.
98.
Established is fund "Radio and television" at the Council for electronic media
for financing the radio and television activity.
Art.
99. (1) Fund "Radio and television" shall be managed
by a management board whose members shall be appointed by the Council for
electronic media.
(2) (amend.,
SG 79/00) The management board shall obligatory include representative of the
Ministry of Finance, representative of the Ministry of Transport and
Communications, representative of the public radio and television operators and
representative of the commercial radio and television
operators.
(3) The
Council for electronic media shall adopt regulations for the structure and
activity of fund "Radio and television" and its management
board.
Art.
100. The
management board shall elect among its members a chairman.
Art.
101. (1) The Council for electronic media shall appoint
executive director of fund "Radio and television" who shall manage the operative
activity of the fund.
(2) The
executive director cannot be member of the management
board.
Art.
102. (1) (Prev. text of art.
102 - SG 96/01) The resources of fund "Radio and
television" shall be raised from:
1. the collected monthly fees for receiving radio and television
programmes;
2. (New, SG
96/01) the initial and annual fees for issuance of licences and fees for registration of radio and television
activity collected by the Council for electronic media;
3. (Revoked,
SG 96/01)
4. interest on the resources of the fund;
5. donations and inheritance;
6. other sources determined by a law.
(2) (New, SG
96/01) The registered and licensed radio and television operators shall pay
initial and annual registration, respectively licence
fees determined by a tariff for the fees for radio and television activity
adopted by the Council of Ministers upon proposal of the Council for electronic
media.
Art.
103. (1) The resources of fund
"Radio and television" shall be spent for:
1. financing BNR and BNT;
2. financing the Council for electronic
media;
3. financing projects of national importance related to the
implementation and using of new technologies in the radio and television
activity;
4. financing important cultural and educational
projects;
5. financing projects and activities designated to expand the
broadcasting of radio and television programmes for
population and/or territory;
6. the management of the fund;
7. "The
National electric Company" Co. in connection with the collection of the fees
under Art. 93.
(2) The
financing of BNR and BNT shall be for:
1.
preparation, creation and broadcasting national and regional programmes according to a normative for hour of programme, determined by the Council for electronic media at
the proposal of BNR and BNT;
2. expedient financing for long-term material
assets.
(3) The
Council for electronic media shall open non-budget account in the Bulgarian
National Bank for keeping the resources of fund "Radio and
television".
Art.
104. The
excess of the income over the expenses at the end of the year shall be
considered transient remainder and shall be used during the following year
according to its purpose.
Chapter
six
LICENSING
AND REGISTRATION OF RADIO AND TELEVISION OPERATORS (Amend., SG 96/01)
Section
I
General
Provisions
Art.
105. (1) (Amend., SG 96/01, Suppl. SG 77/02) Radio and television activity by using
available and/or construction, maintaining and using new telecommunication
networks for ground broadcasting shall be carried out on the grounds of issued
licences by the Council for electronic media under the
conditions and by the order of this law and in compliance with the strategy of
art. 8, para
3.
(2) (amend., SG 79/00) Applicants for licence can only be individuals - sole entrepreneurs and
corporate bodies registered according to the Bulgarian
legislation.
(3) (amend.
and suppl., SG 79/00) The Bulgarian National Radio and
the Bulgarian National Television shall carry out radio and television activity
as national public operators on the grounds of licences issued by the order of this law. The Bulgarian
National Radio and the Bulgarian National television shall be licensed for
telecommunication activity by the order of the Law for the telecommunications
without a tender or a competition.
(4)
Applicants for issuance of licence cannot
be:
1. (amend., SG 79/00) corporate bodies to whom it has been
refused or withdrawn the permit for insurance activity according to § 8a, par
1,item 2 of the Law for the insurance;
2. corporate bodies of which the corporate bodies under item 1
or the partners and share holders possess shares;
3. (suppl., SG 79/00) corporate bodies, individuals and sole
entrepreneurs who cannot prove the ownership of the property or of the capital
according to Art. 6 of the Law for the measures against money
laundry;
4. (suppl., SG 79/00) corporate bodies, individuals, sole
entrepreneurs in which the corporate bodies under item 3 or the partners or
share holders possess shares;
5. (suppl., SG 79/00) individuals, sole entrepreneurs and
corporate bodies who, during the last five years preceding the applying for
licence have been declared insolvent or are under
proceedings for declaring insolvency or liquidation;
6. corporate bodies where, as partners or share holders
participate persons included in the list under Art. 3, para 1 of the Law for the information regarding the credits
which are not reimbursed;
7. corporate
bodies with partners or share holders who are partners or share holders of
corporate bodies with registered subject of activity "advertising" or carry out
advertising activity;
8. corporate bodies with partners or share holders who are
partners or share holders of corporate bodies with registered subject of
activity "guarding activity" or carry out guarding
activity;
9. telecommunications operators with monopoly status on the
market.
10. (new, SG
79/00) sole entrepreneurs and corporate bodies who, during the last year,
preceding the application for licence, have received a
refusal for the same kind of licensed activity or the licence issued according to this law has been
withdrawn.
(5) (new, SG
79/00) The Council for electronic media shall assign the inspection under para 4 to the respective competent
bodies.
(6) (New, SG
96/01) The candidates for licence must present to the Council for electronic media the
following documents according to the requirements of art.
105:
1. document for current status of the
company;
2. documents proving the origin of the capital for the last
three years, including endorsed accountancy report, considered from the date of
filing the documents;
3. a list of the media enterprises in which they are stock
holders or partners.
Art.
106. (1) The licence shall be personal.
(2) (Amend., SG 96/01) The transfer of a licence shall be permitted by the Council for electronic
media in compliance with the requirements for the persons for initial
licensing.
(3) (New, SG
96/01, amend. SG 112/01) In case of transfer of a licence for radio and television activity issued by the
order of art. 116, 116a, 116b, 116c and 116d informed shall be the
Commission for regulation of the communications which, within 10 days, shall
transfer the individual licence for telecommunication
activity for using and/or construction, maintaining and using new
telecommunication networks for ground broadcasting to the person to whom the
respective licence for radio and television activity
has been transferred.
Art.
107. (Revoked,
SG 96/01)
Art.
108. At the time of presentation of the documents for obtaining
licences under Art. 111 the candidates shall declare
that they do not possess shares, stock or other rights of participation in radio
and television operators above the admissible amount according to the
anti-monopoly legislation of the Republic of Bulgaria.
Art.
109. (Amend., SG 96/01) (1) The
licences shall be issued for a period of up to 15
years. The term can be extended by a decision of the Council for electronic
media upon request of the licensed person, as the total duration cannot be
longer than 25 years.
(2) The term
of the licences under the Law for the
telecommunications must correspond to the term of the licence under this law..
Art.
110. The licence for radio and television activity shall
contain:
1. the name (the firm) and the headquarters of the radio
operator or television operator;
2. the type (public or commercial);
3. the date of issuance of the licence;
4. the initial date of broadcasting of the programme;
5. the range of broadcasting;
6. the validity of the licence;
7. the technical and other requirements for the programmes.
(2) (suppl., SG 79/00) The licence shall include the obligations for observing the
requirements under Art. 6, para 3
and Art. 7 and the principles for carrying out radio
and television activity under Art. 10 and 19, including a period and
schedule for achieving the ratios stipulated by art. 10, para 2 and 3.
Section
II
Order
of issuance of licences
Art.
111. (Amend., SG 96/01) The candidates for licence for radio and television activity shall file written
application to the Council for electronic media accompanied
by:
1.
act of
constitution;
2. certificate for court registration or documents certifying
the constitution of corporate body;
3. certificate from the tax office for paid taxes by the moment
of filing the application;
4. proposal for means of broadcasting of the programmes;
5. declaration under Art. 108;
6. declaration that there are no circumstances under Art. 105,
para 4;
7. proof of the financial capacities for fulfilment of the activity;
8. programme project, programme concept, programme
profile, programme scheme, list of the additional
radio and television services;
9. proof of commercial and ceded copyright for protected work in
the programmes and for ceded related rights for ceded
broadcasting of foreign programmes.
Art.
112. (1) (Amend., SG 96/01)
The Council for electronic media shall check up the regularity of the filed
documents under Art. 111.
(2) When
omissions and shortcomings are found in the documents under Art.111 the
candidate shall be allowed 7 days for their removal and this period shall begin
from the moment of the notification. If the omissions and shortcomings are not
removed until the expiration of the period the documents of the candidate shall
not be considered.
Art.
113. (Revoked,
SG 96/01)
Art.
114. (Amend.,
SG 96/01) The members of the Council for electronic media and its employees, as
well as the members of the competition commission shall be obliged to protect
the secret of the information contained in the documents of the
candidates.
Art.
115. (Amend., SG 96/01) The Council for electronic media shall
create and maintain a public register for the issued licences and registrations.
Art.
116. (Amend.,
SG 96/01) (1) (suppl. SG 77/02) For carrying out radio and television
activity by using available and/or construction, maintenance and using of new
telecommunication networks for ground broadcasting a licence shall be issued upon a competition in compliance
with the strategy of art. 8, para
3.
(2) The
procedure of holding competition shall be opened upon request of an interested
person or by initiative of the Council for electronic media. In the request to
the Council for electronic media the person can indicate the wanted point of
broadcasting and territorial range.
(3) The
Council for electronic media, within 14 days from receiving the request under
para 2, shall require in writing from the State
Commission information regarding the technical parameters necessary for ground
radio broadcasting of radio and television programmes
for a populated area, region or for the entire territory of the Republic of
Bulgaria, including the free radio frequencies, the admissible capacities of
broadcasting, the possible points of broadcasting, as well as other necessary
technical information.
(4) (suppl. SG 77/02) The State Commission for telecommunication
shall present to the Council for electronic media its decision on the request
within three months, and when international coordination of the radio
frequencies and radio frequency bands is necessary - within 6 months, observing
the requirements for the efficient use of the radio frequency spectrum in
compliance with the strategy of art. 8, apara 3.
(5) (Amend.
SG 112/01) In case of a positive decision under para 4
the Commission for regulation of the communications shall enclose a draft licence for telecommunication activity, as well as
appendixes containing the respective technical parameters for the licences which can be issued by the Commission for
regulation of the communications in compliance with the available free radio
frequency spectrum.
Art.
116a. (New, SG
96/01) (1) (amend. SG
77/02) Within 14 days from receiving the reply and in compliance with the
strategy of art. 8, para 3 the Council for
electronic media shall take a decision for opening competition or competitions
in compliance with the available free radio frequency
spectrum.
(2) The
decision under para 1 shall be promulgated in the
State Gazette and shall contain the date, the place and the hour of holding the
competition, the term and the place of filing applications for participation,
the place, the term and the order of purchasing the competition
papers.
(3) The
competition papers shall contain:
1.
draft licence for telecommunication activity and the appendix to
it containing the technical parameters in compliance with the available radio
frequency spectrum;
2. required
rate of development and/or servicing;
3. requirements for protection of the
environment;
4. requirements for quality;
5. requirements related to the creative, financial and technical
capacities and experience;
6. criteria for assessment and their relative importance in
determining the complex assessment, by observing the requirement for priority of
the assessment of the programme
project.
(4) The
competition shall be held not earlier than 30 days from the promulgation of the
decision under para 1. If several competitions are
announced in compliance with the available radio frequency spectrum they shall
be held simultaneously.
Art.
116b. (New, SG
96/01) The candidates for the licence for radio and television activity shall file
application for participation in the competition enclosing the following
competition documents:
1. the documents under art. 111;
2. advance
technical project for using available and/or construction, maintaining and using
new telecommunication networks for ground radio broadcasting comprised with the
competition papers;
3. project of business plan for carrying out the
activity;
4. declaration of protection of the confidentiality of the
information contained in the competition papers;5. 5. documents proving the payment of competition
papers;
6. other documents related to the competition
procedure.
Art.
116c. (New, SG
96/01, amend. SG 112/01) (1) The Council for
electronic media shall appoint a chairman and members of an expert commission
for holding the competition which shall obligatorily include members of the
Council for electronic media and of the Commission for regulation of the
communications. Participants in the commission can also be experts from other
interested administrative bodies and organisations.
The chairman of the Council for electronic media shall issue an order for
appointment of the expert commission. The members of the commission shall sign a
declaration for confidentiality of the information having become known to them
in the process of the competition.
(2) (Amend.
SG 112/01)The Council for electronic media, on the
grounds of the competition documents, the criteria under art. 116a, para 3, item 6, the report of the expert commission and a
complex assessment for most complete fulfilment of the
competition requirements, shall classify the candidates and shall take decisions
for issuance of licence for radio or television
activity and of individual licence for
telecommunication network for using available and/or construction, maintaining
and using new telecommunication networks for ground radio broadcasting by the
Commission for regulation of the communications to the candidate rated
first.
(3) Licence for radio and television activity for the territory
of the Republic of Bulgaria shall not be issued to a person or persons related
to him in the context of the Commercial Law who hold licences of the same kind for radio and television activity
with regional or local range, unless they renounce it, with exception of the
cases under art. 49.
(4) (Amend.
SG 112/01) Within three days from the enactment of the
decision under para 2 the Council for electronic media
shall inform the Commission for regulation of the communications. Within ten
days the Council for electronic media shall issue licence for radio and/or television activity and the
Commission for regulation of the communications shall issue individual licence for telecommunication network for using available
and/or construction, maintaining and using new telecommunication networks for
ground radio broadcasting.
Art.
116d. (New, SG
96/01) (1) If within 10 days from the
decision of the Council for electronic media the approved candidate gives up the
issuance of the licences it shall be offered to the
participant rated second.
(2) For
refusal by the second participant as well the procedure shall be
closed.
Section
III
Supervision,
amendment and termination of the licence
Art.
117. The
supervision for the observance of this law and the requirements under the licence shall be carried out by the respective officials
from the Council for electronic media.
Art.
118. (Amend.,
SG 96/01) For established offences the Council for electronic media shall be
obliged within one month to consider and discuss the presented documents and
take decision for imposing proprietary sanctions under this law and/or revoking
of the licence.
Art.
119. (1) (Amend., SG 96/01) For established change of
the activity of licensed radio or television operator from public to commercial
the Council for electronic media shall take decision for termination of the
licence.
(2) The
person under para 1 shall have the right to apply for
licence as commercial radio and television
operator.
(3) The
person under para 1 shall have the right to request
amendment of his licence when it is necessary to
change the nature of his activity into commercial.
Art.
120. (Amend., SG 96/01) In the cases under Art. 119 the Council for
electronic media shall take decision for amendment or termination of the licence.
Art.
121. (1) (Prev. text of art.
121 - SG 96/01) The licence
shall be terminated:
1. with the
expiration of its term;
2. by its
withdrawal;
3. (suppl., SG 79/00) the closing down of the corporate body or
death of the individual - sole entrepreneur.
4. (new, SG
79/00) ahead of term, upon request of the licensee.
(2) (New, SG
96/01, amend. SG 112/01) For termination of the licence for radio and television activity issued by the
order of art. 116, 116a, 116b, 116c and 116d the Council for electronic media
shall require from the Commission for regulation of the communications
termination of the telecommunication licence.
Art.
122. The licence shall be revoked for:
1. gross violation of the principles of the radio and television
activity;
2. (amend., SG 79/00) systematic offences of the provisions under
Art. 7, 10, art. 13 para 4 and Art. 19;
3. establishment of false data in the declarations under Art.
111.
Art.
123. (Amend., SG 96/01) (1) The
revoking of licence for radio or television operator
shall be carried out by the Council for electronic media by a motivated
decision. The revoking shall be carried out upon written warning containing a
definite term for removal of the offence. The revoking shall be carried out in
all cases upon imposing two proprietary sanctions for one and the same
offence.
(2) The
Council for electronic media shall revoke the licence
if within the term under para 1 the licensed person
has not removed the offence.
(3) The
decision for revoking shall determine a term during which the person cannot
apply for a new licence and which cannot be shorter
than two years.
Art.
123a. (New, SG
96/01, amend. SG 112/01) In case of revoking a licence for radio and television activity issued by the
order of art. 116, 116a, 116b, 116c and 116 d the Council for electronic
media shall inform the Commission for regulation of the communications which,
within 10 days, shall revoke the individual licence
for telecommunication network for using available and/or construction,
maintaining and using new telecommunication networks for ground radio
broadcasting.
Art.
124. (amend., SG 79/00) With the withdrawal of the licence the licensee shall be obliged to terminate its radio
and television activity.
Art.
125. (Amend., SG 96/01) (1) Not
later than 6 months before the expiration of the term of the licence the licensee must declare intention for extending
the term of the licence.
(2) The
Council for electronic media shall consider the request for extension of the
term of the licence according to para 1 and within 3 months before expiration of the term of
the licence shall take a decision on the request and
shall inform in writing the licensee.
(3) (Amend.
SG 112/01) In the cases of positive decision of the
Council for electronic media according to para 2, when
the licence is issued by the order of art. 116, 116a,
116b, 116c and 116d the Council for electronic media shall inform the Commission
for regulation of the communications which, within 10 days, shall extend the
term of the individual licence for telecommunication
network for using available and/or construction, maintaining and using new
telecommunication networks for ground radio broadcasting.
Section
IV
(New,
SG 96/01)
Art.
125a. (New, SG
96/01) (1) Persons who wish to create radio
or television programmes for broadcasting through
technical means different from the ground radio broadcasting shall be subject to
registration.
(2) Those
wishing to register shall file application with the documents under art. 111 in the Council for electronic
media.
(3) The
Council for electronic media shall deliver opinion on the request for
registration by a decision within 14 days from receiving the documents. For
incompleteness and irregularity of the documents shall apply art. 112, para 2.
(4) The
Council for electronic media can refuse registration only if the presented programme project, programme
concept, programme profile or programme scheme contradict the provisions of the law or if
the irregularities under para 3 are not removed by the
deadline. Restrictions related to the range of broadcasting of the programme cannot be placed by the
registration.
(5) On the
grounds of the decision a certificate shall be issued to the applicant
containing:
1. the name (the company) and the headquarters of the radio or
television operator;
2. name of the programme;
3. the type (public, commercial);
4. the programme profile
(format);
5. initial date of broadcasting the programme.
(6) The
registered operator shall be obliged to inform the Council for electronic media
about the conditions of broadcasting, the programme
time, the place and the way, as well as about every change in them within 14
days.
(7) The
registrations shall be termless.
Art.
125b. (New, SG
96/01) A telecommunication operator broadcasting
foreign programmes shall be obliged to present to the
Council for electronic media every 6 months an updated list of the broadcast
foreign programmes and documents related to the
acquisition of these rights.
Chapter
seven
ADMINISTRATIVE
AND PUNITIVE PROVISIONS
Art.
126. (1) (suppl., SG 79/00)
For violation of the provisions of Art. 10, para 2 and 3, Art. 11 - 14,
Art. 16 - 18, Art. 73, Art. 75 - 80, Art. 82 - 86, Art.
90 - 92 and Art. 107, para 3 for the radio and
television operators shall be imposed proprietary sanctions from 2 million to 15
million levs.
(2) For
repeated violation shall be imposed proprietary sanction in double
amount.
(3) For
violations under Art. 19 shall apply the administrative and punitive provisions
of the Law for the copyright and its related rights.
Art.
126a. (New, SG
96/01) (1) For
violation of the conditions of the issued licence,
which does not represent an offence according to art. 126, shall be imposed proprietary sanction of 500 levs to 5000 levs.
(2)
Proprietary sanction in double size shall be imposed for repeated
offence.
(3) For
violation of the programme project, programme concept, programme
profile or programme scheme declared by the registered
operator shall be imposed proprietary sanction of 2000 levs to 5000 levs.
(4) For
systematic violation of the law by the registered operator the registration
shall be deleted.
Art.
127. (1) The offences shall be
established by the officials of the Council for electronic
media.
(2) (amend., SG 79/00) The penalty decrees shall be issued by the
chairman of the Council for electronic media.
(3) The
establishment of the offences, the issuance, the appeal and the fulfilment of the penalty decrees shall be carried out by
the order of the Law for the administrative offences and
sanctions.
(4) (new, SG
79/00) In the presence of information for violation under art. 19 the officials
of the Council for electronic media shall approach the respective officials
according to the Law for the copyright and the related rights with 7 days from
the finding.
ADDITIONAL
PROVISIONS
§
1. In the
context of this law:
1.
"Broadcasting" is the initial broadcasting or emission, regardless of by what
telecommunications devices, of radio or television programme designated for receiving by viewers or listeners.
It also includes the exchange (retransmission) of programmes among operators in order to be received by the
audience. It does not include communication services for individual
use.
2.
"Creation" is a creative act including the idea of the author and its
audio-visual realisation with the purpose of creating
production or programme.
3. (amend.,
SG 79/00) "Programme" is a system of all elements
created and broadcast by the operator and which is bearer of definite contents
distributed in hourly scheme.
4. (Amend., SG 96/01) "Broadcast" is an independent part of a
programme different from the others by authorship,
contents, and/or audio-visual realisation.
5.
"Systematic" is the commitment of offence under one chapter of this law three or
more times.
6.
"Bulgarian audio and audio-visual works" are works created or realised exclusively or in association with Bulgarian
citizens, created on the basis of works of Bulgarian citizens. Bulgarian shall
also be considered the works created on the basis of bilateral agreements
between Bulgarian and foreign producers, on condition that the Bulgarian
producers have prevailing financial participation in the total expenses for the
production and this production is directed by one or several Bulgarian
producers.
7. (amend., SG 79/00) "European works" are:
a) works originating from a country - member of the European
union, created predominantly by authors and persons with residence in such a
country or in a country which is not a member of the European Union but which is
a party to the European Convention for cross-border television if the work meets
at least one of the following requirements:
- the producer is located in some of the above
countries;
-
its creation
is observed and actually controlled by a producer located in some of these
countries;
- the share
of the producers from such a country of the total production expenses must be
dominant and the co-production must not be controlled by one or more producers
located out of these countries;
b) works
originating from the Republic of Bulgaria or from other European country which
is not member of the European Union, but which is a party to the European
Convention for cross-border television, if works originating from countries -
members of the European Union, are not subject to discrimination measures in the
country, created predominantly by authors and persons whose residence is in such
a country or in a country - member of the European Union, on condition that they
meet at least one of the requirements under letter "a";
c) works
originating from an European country which is not a member of the European
Union, neither a party to the European Convention for the cross-border
television, if works originated from countries - members of the European Union
are not subject to discrimination measures in this country, created exclusively
or in co-production with producers settled in one or more countries - members of
the European Union, with whom the European Union has concluded agreements in the
sphere of the audio-vision, if these works have been created predominantly by
authors and persons with residence in one or more European
countries;
d) works
which, without being included in the application field of letter "a", have been
created within the frames of bilateral contracts for co-production, concluded
between countries - members of the European Union and other countries, if
co-producers from the European Union cover the predominant part of the total
expenses of the production and this production is not controlled by one or more
producers settled outside the territory of the European
Union;
e)
works which,
without being included in the application field of letters "a" and "d", have
been created predominantly by authors and persons with residence in one or more
countries - members of the European Union, but only to an extent corresponding
to the share of the co-producer from the European Union of the total production
expenses
8.
"Important event" is an event of social, political, economic, sport or
entertainment nature which regards the interests of the prevailing part of the
audience.
9.
"Exclusive right" is the right of covering events, acquired against payment by
only one radio or television operator.
10. (Amend., SG 96/01) "Additional information" is information
broadcast at the frequency channel for basic programme
information radio or television operator whose content is not an element of the
basic programme.
11. (Amend.,
SG 96/01) "Teletext" is a system for transmitting
informational and reference announcements and advertisement through alphabetic
and digital symbols and graphic images through a special signal included in the
programme television signal.
12.
"Commercial"
is every public announcement included in the programme
of radio or television operator, in connection with trade, work, craftsmanship,
or profession having the purpose of promoting the sale, the purchase or rental
of commodity or service, including of real estate, to promote the popularisation of a cause or idea or induce other effect
wanted by the owner of the commercial. Provided for the owner of the commercial
is time in the programme against payment or other
similar remuneration. This kind of public announcement does not include the
television market:
a) (amend.,
SG 81/99) "concealed commercial" is presentation through audio or visual means
of commodities, services or the name, the mark and the activity of a producers
of commodities and services in broadcasts which are not designated for
commercials and whose presentation may mislead the
audience;
b) "the means of subconscious suggestion in the commercial" are
indirect specific (including technical) methods of advertising which are not
indicated as commercials and are not recognised by the
audience, such as: the using of twenty fifth sequence, emission of infra sound
and the like. These means form a subconscious psychic reaction and attitude in
the audience toward the advertised commodities, services,
etc.
13. "Radio
and television market" is every direct offer to the audience broadcast with the
purpose of sale or delivery of commodities and services, including real estate,
rights and obligations against payment.
14.
(Revoked,
SG 96/01)
15. (Amend., SG 96/01) "Interactivity" is a combination of means
and methods for providing individual feedback of the users of radio or
television programmes to the respective operator of
programme.
16.
(Amend,. SG 96/01) "Digital technologies" are
technologies applying digital formats of the electric signals for the sound and
the picture and through which is improved the quality of presentation of the
informational contents in processing and storing, the broadcasting and receiving
and through compression of such signals creating conditions for improvement of
the informational capacity of the frequency transmission
channels.
17.
"Retranslation" is the simultaneous and unchanged reception and transmission
regardless of the used technical devices, entirely and with no changes of radio
and television programmes or of big parts of them,
broadcast for reception by the wide audience.
18. (Revoked,
SG 96/01)
19. "Window"
is a radio and television programme restricted in time
within the frames of the basic programme, which has
its specifics of contents.
20.
"Sponsorship" is every contribution by an individual or corporate body who does
not participate in the radio and/or television activity or in the production of
audio and audio-visual works to direct or indirect financing of radio and
television programmes with the purpose of popularisation in the society of his name, trade mark,
reputation, activity or production.
21. "Personal
life" is the life of a person in family, health and sexual
aspect.
22.
"Informational coverage" is the creation and broadcasting within the frames of
current publicity broadcasts and the news with duration necessary for the
thorough presentation of the contents of the covered event. In case when another
radio and television operator possesses the exclusive rights for the event the
right to free informational coverage shall include: the right to direct access,
to record which can be used solely for the creation of material with a duration
of no longer than 90 seconds.
23.
(new, SG
79/)) Radio and TV operators under the jurisdiction of the Republic of Bulgaria
in the context of art. 3, para 4
are:
a) operators settled in the Republic of Bulgaria,
if:
- the headquarters of the operator is in the Republic of
Bulgaria and the decisions on the programme schemes
are taken in the Republic of Bulgaria;
- the
headquarters of the operator is in the Republic of Bulgaria and the decisions on
the programme schemes are taken in a country - member
of the European Union or in a country - party to the European Convention for the
cross-border television, or in a third country, but a considerable part of the
personnel carrying out radio or television activity is in the Republic of
Bulgaria;
-
the
headquarters of the operator is in a country - member of the European Union or
in a country - party to the European Convention for the cross-border television
or in a third country, and the decisions on the programme schemes are taken in the Republic of Bulgaria, but
a considerable part of the personnel carrying out radio or television activity
is in the Republic of Bulgaria;
- the
headquarters of the operator is in the Republic of Bulgaria and a considerable
part of the personnel carrying out radio or television activity operates in both
the Republic of Bulgaria and in a country - member of the European Union or in a
country - party to the European Convention for cross-border television or in a
third country;
- the
operator has started initially the broadcasting of his programme in the Republic of Bulgaria in compliance with the
legislation of the Republic of Bulgaria and a considerable part of his economic
activity is in the Republic of Bulgaria, in the cases when a considerable part
of the personnel carrying out radio or television activity does not operate
either in the Republic of Bulgaria or in a country - member of the European
Union, or in a country - party to the European Convention for cross-border
television;
b) operators
for whom the provisions under letter "a" are not applicable and are not under
the jurisdiction of a country - member of the European Union or a country -
party to the European Convention for cross-border television
if:
- they use a frequency provided by the Republic of
Bulgaria;
-
regardless of whether they use a frequency provided by the Republic of Bulgaria
they use satellite capacities belonging to the Republic of
Bulgaria;
-
regardless of the fact that they do not use either a frequency provided by the
Republic of Bulgaria or satellite capacities belonging to the Republic of
Bulgaria, use satellite connection from the territory of the Republic of
Bulgaria.
24. (new, SG
79/00) "Outside producer" is a producer registered according to the Commercial
Law, organisationally and economically independent of
any radio and television operator whatsoever in his activity, for whom the
following requirements have been met:
1. he is not an owner of radio or television operator or of a
share of his property;
2. radio or television operator is not an owner of such a person
or of a share of his property;
3. does not submit to one and the same operator, including
through a competition, simultaneously more than two outside
productions.
25. (new, SG
79/00) "Self promotion" is a form of advertising, whereas the operator
advertises his own commodities, services or programmes.
26. (new., SG 79/00) "Free of charge television" is a public or
commercial TV channel accessible to the auditorium without additional payment
above the regular monthly fee or the basic subscription fee for the cable
network.
27.
"Gross
violation" in the context of art. 9, para 4 is the
offence of the good manners, the appeals for forcible change of the
constitutionally established order, for committing crime or for violation over
the personality according to art. 40, para 2 of the Constitution.
28. (New, SG
96/01) "Programme profile" is characteristics of the
programme according to the specifics of its contents
and its direction to the audience. In their profile the radio and television
operators can be:
a) of general (multi-thematic) profile - radio and television
programme with obligatory presence of informational,
educational, cultural and entertaining purpose designated for the prevailing
part of the society;
b)
of specialised profile - radio and television programme of specialised nature
designated for a limited part of the society.
29. (New, SG
96/01) "Programme project" is a description of programme intentions (purpose, designation and expected
results), organisational and creative, technological
and financial plan for development of the radio and television programme during the licence
period.
30. (New, SG
96/01) :Programme concept" is
a well-grounded plan for implementation of the programme policy of a given electronic media in view of the
provision of its contents.
31. (New, SG
96/01) "Programme scheme" is the combination of all
provided for broadcasting or broadcast transmissions of the programme of a given electronic media, arranged in a graphic
kind in days and hours for a definite period of time.
32. (New, SG
96/01) "Programme" is the combination of all
transmissions broadcast on definite frequencies and announced under one common name presented by audio-visual
means.
TRANSITIONAL
AND CONCLUDING PROVISIONS
§
2. (1) (amend. SG 120/02;
amend., SG 114/03, amend. SG 115/04) The Council for
electronic media shall receive subsidy from the state budget for its support
until the year 2005.
(2) (amend. SG 120/02; amend., SG 114/03,
amend. SG 115/04) The Bulgarian National Radio and the Bulgarian National
Television shall receive subsidy from the state budget until December 31, 2005
by the order of Art. 70, para 3, item 2 and
3.
(3) The
Bulgarian National Radio and the Bulgarian National Television and the Council
for electronic media shall receive subsidy from the state budget and financing
by fund "Radio and television" in amount determined by a normative for an hour
of programme, approved by the Council of Ministers as
follows:
1. (revoked – SG 120/02);
2.
(revoked, SG 114/03)
3. (revoked – SG 115/04)
4.
for 2006 -
20 percent from subsidy from the state budget and 80 percent from financing from
fund "Radio and television";
(4) From
January 1, 2007 the subsidy from the state budget for BNR, BNT and the Council
for electronic media shall be replaced entirely by financing from fund "Radio
and television". The size of the financing shall be determined by the order of
Art. 103, para 1, item 1 and para 2.
§
3. (1) By January 1, 2003 the legal capacities of the
management board of fund "Radio and television" on the control over the receipts
shall be carried out by the Council for electronic media.
(2) Not later
than 3 months before the expiration of the term under para 1 the Council for electronic media shall appoint the
members of the management board of fund "Radio and television", shall appoint
executive director of the fund and shall adopt the regulations under Art. 99, para 3.
§
4. (1) The radio and television operators, licensed
before the enactment of this law, in compliance with the normative acts acting
at that time, including those with expired term of the licence, shall be licensed by the order of Art.
125.
(2) Corporate
bodies carrying out radio and television activity shall be obliged to undertake
the necessary activities for licensing by the order of Art. 105 within 3 months from the enactment of this
law.
(3) The
Bulgarian National Radio and the Bulgarian National Television shall be obliged
to present the necessary documents under Art. 111 for the
purpose of their licensing by the order of Art. 105,
para 3 within the period under para 2.
§
5. (1) The management boards of BNR and BNT and the
general directors of BNR and BNT, elected during the time of the Law for radio
and television (prom., SG, No 77 of 1996; Decision No 21 of the Constitutional
Court of 1996 - No 102 of 1996; amend. and suppl., No
112 of 1997) shall conclude their mandates determined by
it.
(2) The
members of the National Council for radio and television during the first
mandate after the enactment of this law shall be renovated by
casting.
(3) Upon
expiration of two years the members of the National Council for radio and
television shall be renovated by two representatives from the quota of the
National Assembly and one from the quota of the President.
(4) Upon
expiration of four years the members of the National Council for radio and
television shall be renovated by one representative of the quota of the National
Assembly and two from the quota of the President.
(5) The programme councils of BNR and BNT shall terminate their
mandates within one month from the enactment of this law.
(6) If the
management boards of BNR and BNT take a decision the programme councils can carry out their activity under the
condition of Art. 62, item 3.
§
6. (1) The contracts for commercials and sponsorship,
concluded by BNR and BNT, must be reconsidered with the purpose of bringing them
in compliance with this law.
(2) In the
cases when the duration of the commercials, according to the conditions of all
concluded contracts, exceeds the duration of the commercials according to the
provision of Art. 86 BNR and BNT shall be obliged to propose to the owner of the
commercials respective reduction or termination of the contracts with them as of
January 1, 1999.
§
7. The decisions under Art. 49, para 3
shall be adopted not later than 3 months from the enactment of this
law.
§
8. The term
of fulfilment of the provisions of
Art. 62, item
1,2, 4, 8 and 9 shall not be longer than 6 months from
the enactment of this law.
§
9. Until
obtaining licence for private television operator with
national range the Bulgarian National television shall not use the rights of
commercials from 19.00 to 22.00 hours.
§
9a. (new, SG 99/03) (1) The
persons having obtained individual licences by the
order of § 14 of the transitional and concluding provisions of the Law of the
telecommunications (prom., SG 93/98; amend., SG 26/99; SG 10 and 64/00, SG 34,
42, 96 and 112/01, SG 45 and 120/02; revoked SG 88/03), the term of which has
not been extended, as well as the persons exercising rights under § 16 of the
transitional and concluding provisions of the Law of the telecommunications
(prom., SG 93/98; amend., SG 26/99; SG 10 and 64/00, SG 34, 42, 96 and 112/01,
SG 45 and 120/02; revoked SG 88/03), who have carried out and/or carry out
telecommunication activity through construction, maintenance and using of
telecommunication network for ground radio broadcasting in settlements where
competitions have not been held for issuance of licences, may continue or restore their activity until the
conclusion of the competitions by the order of the Law for the radio and
television for the respective settlements.
(2) The
persons holding, or who have held individual telecommunication licence for construction, maintenance and using of
telecommunication network for television and radio broadcasting with local and
regional coverage, issued on legal grounds having been dropped as a result of an
enacted decision of the Supreme Administrative Court, and who carry out or who
have carried out radio and television activity through ground broadcasting, may
continue or restore their activity until the conclusion of the competitions for
the respective settlements where they have participated.
(3) The
persons who have carried out and/or carry out telecommunication activity through
construction, maintenance and using of telecommunication network for ground
radio broadcasting after the enactment of the Law of the telecommunications
(prom., SG 93/98; amend., SG 26/99; SG 10 and 64/00, SG 34, 42, 96 and 112/01,
SG 45 and 120/02; revoked SG 88/03), and who have filed applications for
issuance of licences before the enactment of the Law
of amendment and supplement of the Law of the telecommunications (SG 112/01) in
settlements where competitions have not been held for issuance of licences, may continue or restore their activity until the
conclusion of the competitions by the order of the Law of the radio and
television for the respective settlements.
(4) (new – SG 99/04) The persons of para
1, 2 and 3 shall implement radio and television activity in compliance with the
provisions of the Law for the radio and television and the Law of the
telecommunications.
§
10. This law
revokes the Law for radio and television.
The law
was adopted by the 38th National Assembly on September 23, 1998 and on November
13, 1998 and was affixed with the official seal of the National
Assembly.
Chairman
of the National Assembly:
Yordan Sokolov
TRANSITIONAL
AND CONCLUDING PROVISIONS
(SG 96/01)
§
51. (1) Within 14 days from the enactment of the law
the National Assembly shall elect and the President of the Republic shall
respectively appoint members of the Council for electronic
media.
(2) The
members of the Council for electronic media, during the first mandate after its
constitution shall be renewed by lot.
(3) Upon
expiration of two years the Council for electronic media shall be renewed by two
representatives of the National Assembly and one from the quota of the
President.
(4) Upon
expiration of 4 years the Council for electronic media shall be renewed by one
representative of the quota of the National Assembly and two from the quota of
the President.
§
52. Upon
constituting the Council for electronic media the National Council for radio and
television shall be dismissed and its members shall be released. The property,
the archive, the rights and the obligation of the National Council for radio and
television shall be passed on to the Council for electronic
media.
§
53. (1) Within 6
months from the date of constituting of the Council for electronic media the
latter, by official order, shall issue certificates for registration of radio
and television operators who hold licences for
carrying out radio or television activity by cable or satellite upon
presentation by them of the documents under art. 125a, para 5 and without payment of initial registration
fee.
(2) (Amend.
SG 112/01) The Commission for regulation of the communications shall be obliged
to submit to the Council for electronic media all information and copies of
documents necessary for transition of the injured operators from licence to registration regime.
TRANSITIONAL
AND CONCLUDING PROVISIONS
OF THE LAW FOR AMENDMENT AND SUPPLEMENT
OF THE LAW FOR THE RADIO AND TELEVISION (SG 77/02)
§
5. (1) The strategy for development of the radio and
the television activity by land radio-transmitting shall be prepared by the
Council for electronic media and the Commission for regulation of the
telecommunications in three months term after this law enters into
force.
(2) The
strategy of para 1 must contain the national
priorities and the public interests at the licensing with regard to more
efficient use of the free radio frequency spectrum.
(3) The
strategy of para 1 can be updated at each three years
or at shorter periods depending on the economic and the technological
development of the electronic media market. The updating shall be implemented by
the order of approval of the strategy.
§
6. (1) New
competition procedures shall be opened after the National Assembly passes the
strategy for development of the radio and television activity by terrestrial
broadcasting.
(2) Started
or formed competitions and license procedures till this law enters into force
shall be finalised after the National Assembly passes
the strategy for development of the radio and television activity by terrestrial
broadcasting and in compliance with it.
The law
was passed by the 39th National Assembly on July 31, 2002 and is affixes with
the official seal of the National Assembly.
TRANSITIONAL
AND CONCLUDING PROVISIONS
(SG 99/03)
§
2. (1) Within one month from the enactment of this
law the persons under § 9a shall be obliged to submit to the Council for
Electronic Media and to the Commission for Regulation of the Communications the
necessary information according to the requirements of the Law of the radio and
television and the Law of the telecommunications for carrying out radio and
television activity through ground broadcasting.
(2) Within
three months from the enactment of this law the persons under §9a shall be
obliged to pay the due annual fees for using limited frequency resource – radio
frequency spectrum for the time of carrying out the radio and television
activity after the enactment of the Law of the telecommunications (prom., SG
93/98; amend., SG 26/99; SG 10 and 64/00, SG 34, 42, 96 and 112/01, SG 45 and
120/02; revoked SG 88/03), according to the tariff for the fees collected by the
Commission for Regulation of the Communications (prom., SG 68/02; corr., SG 69/02; amend., SG 66 and
71/03).
(3) After the
procedure of coordination for the electromagnetic compatibility with the air
radio services the Commission for Regulation of the Communications, within one
month from submission of the information under para 1,
shall determine the technical requirements for broadcasting for each settlement.
As a result of this procedure The Commission for Regulation of the
Communications may change the parameters of the transmitters, including the
frequency and the point of broadcasting.
(4) Within
two weeks after the fulfillment of the requirements under para 1, 2 and 3 the Commission for Regulation of the
Communication shall issue to the persons under §9a licences for construction, maintenance and using of
telecommunication networks for television and radio broadcasting with local and
regional coverage for a period until the conclusion of the competitions for
granting licences for radio and television activity in
the respective settlements by the order of the Law of the radio and television.
The Commission for Regulation of the Communications shall notify the Council for
Electronic media about the issued telecommunication licences.
(5) The
persons under § 9a shall carry out radio and television activity in compliance
with the provisions of the Law of the radio and
television.
TRANSITIONAL
AND CONCLUDING PROVISIONS
OF THE LAW FOR SUPPLEMENT OF THE LAW FOR
THE RADIO AND TELEVISION (SG 99/04)
§
2. (1) The persons of §9a, who have not fulfilled the
conditions, provided in §2, para 1 and 2 of the
transitional provisions of the Law of supplement of the Law for the radio and
television (SG 99/03), shall in two month term after this law enters into force
submit new applications for issuing of license for construction, maintenance and
use of telecommunication network for television and radio transmission with
local and regional coverage, The applications must be accompanied by all
documents, required by the Law of the telecommunications and the Law for the
radio and television, for implementing radio and television activity by land
radio transmission. The applications shall be submitted at the place in the
Council for electronic media and the Commission for regulation of the
communications. The applications before the Commission for regulation of the
communications shall be submitted according to a model approved by the
commission.
(2) In one
month term after the receiving of the application of para 1 the Commission for regulation of the communications
shall send to the persons of para 1 message about the
due annual fees for use of limited frequency resource – radio-frequency range,
for the time of implementing of radio and television activity after the Law of
the telecommunications (prom. SG 93/98, amend. SG
26/99, SG 10, 64/00, SG 34, 42, 96, 112/01, SG 45, 120/02, revoked SG 88/03) has
entered into force according to the revoked art. 1 – 17 of the Tariff for the
fees, collected by the Commission for regulation of the communications (prom. SG
68/02, corr. SG 69/02, amend.
SG 66, 71/03, SG 31/04).
(3) The
persons of para 1 shall be obliged to pay the die fees
of para 2 in one month term after receiving the
message of the Commission for regulation of the communications about the amount
of the due fees.
(4) After
implementing procedure for coordination of electromagnetic compatibility with
the air radio services upon existence of free radio-frequency range the
Commission for regulation of the communications shall, in one month term after
the presentation of the application of para 1,
determine the technical conditions for transmission for each settlement. As
result of this procedure the Commission for regulation of the communications may
change the parameters of the transmitters including the frequency and the point
of transmission, pointed out by the operators, who have submitted new
applications of para 1.
(5) In 14
days term after fulfillment of the conditions of para
1 – 4 the Commission for regulation of the communications shall issue to the
persons of para 1 license for construction,
maintenance and use of telecommunication network for television and radio
transmission with local and regional coverage with term till the finishing of
the competitions for conceding of licenses for radio and telecommunication
activity in the respective settlements by the order of the Law for the radio and
television. The Commission for regulation of the communications shall notify the
Council for electronic media about the issued telecommunication
licenses.
§
3. The
persons of §9a, who have received refusal by the Commission for regulation of
the communications for issuing of license pursuant to §2, para 4 of the transitional provision of the Law for
supplement of the Law for the radio and television (SG 99/03), shall submit new
applications for issuing of license for construction, maintaining and use of
telecommunication network for television and radio transmission with local and
regional coverage by the order of this law not earlier than one month after
receiving of the refusal.
§
4. The
licenses, issued pursuant to §2, para 4 of the
transitional provision of the Law for supplement of the Law for the radio and
television (SG 99/03), shall preserve their
effect.