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  • Open To Contest: Regulator Kicks Off New TV Licensing Competition In

    OPEN TO CONTEST: REGULATOR KICKS OFF NEW TV LICENSING COMPETITION IN ARMENIA
    By Gayane Lazarian

    ArmeniaNow
    21.07.10 | 16:09

    News

    "... it is the society that watches TV, and it should correspond not
    to NTRC's tastes, but to the wishes and requirements of the community,"
    says Mesrop Harutyunyan.

    Amid concerns from outside and internal observers about a growing
    government grip on local media, the National Television and Radio
    Commission (NTRC) has opened licensing contests for local TV companies
    seeking to broadcast through a digital network in the territory of
    Armenia. The tender that formally kicked off on July 20 consists of
    18 contests.

    NTRC Chairman Grigor Amalyan said the contests would ensure countrywide
    broadcasts. Both companies currently broadcasting for capital Yerevan
    only, or for separate provinces, are among participants in the tender.

    Under the law, five private television companies of general direction
    broadcasting countrywide (except two Public Television channels) are
    planned to be licensed, several will have specialized orientation. One
    private TV company to receive a license will focus on international
    and local news and analytical programs, and four companies to be
    licensed will be retransmitting programs of other TVs. There will be
    one TV program for Yerevan and each of the 10 provinces.

    By mid-October the competing companies are expected to submit their
    proposals, and in mid-December the regulator is expected to make
    decisions.

    At its latest session earlier this year the National Assembly adopted
    a government-proposed package of amendments to the Law on Television
    and Radio, which aims at digitalizing broadcasts in Armenia. The
    completion of this transition is expected by July 2013

    Expert of the Committee for the Protection of Freedom of Speech Mesrop
    Harutyunyan believes that by the amended law the government only
    seeks to prolong its full control over television and radio broadcasts.

    "We said many times that the law indeed requires lots of changes,
    but not prohibitive, but encouraging plurality of opinion. I think
    the changes made in the law do not allow for an open and transparent
    conduct of [licensing] competitions," he said.

    Harutyunyan believes the competitive bids should pass through public
    hearings, which is not stipulated by the amended law.

    "The applications in fact remain close and confidential. Public opinion
    remains unheard. Meanwhile, it is the society that watches television,
    and it should correspond not to NTRC's tastes, but to the wishes and
    requirements of the community," the expert told ArmeniaNow.

    Another concern voiced by experts is that by law the commission is
    not obligated to provide grounds for rejecting bids.

    In June 2008, the European Court of Human Rights ruled in favor of
    an embattled Armenian TV company in its dispute with the Republic
    of Armenia. In particular, it said the state authorities committed
    a violation of Article 10 (freedom of expression) of the European
    Convention on Human Rights by refusing to grant A1 Plus's requests
    for broadcasting licenses on several occasions.

    A1 Plus posing as an independent TV channel was taken off the air in
    April 2002 after losing its broadcasting frequency in a tender that
    was administered by NTRC. The regulatory body did not provide clear
    reasons for its decision then and has blocked all of the company's
    subsequent attempts to win another frequency. The 2008 European Court
    ruling said "the procedure which did not require a licensing body to
    justify its decisions did not provide adequate protection against
    arbitrary interference by a public authority with the fundamental
    right to freedom of expression."

    A1 Plus will be amongst companies participating in the current
    contests. Its chairman Mesrop Movsesyan believes that their proposed
    project is competitive.

    The company has maintained for years that its repeated failures to
    win a broadcasting license in Armenia were the results of government
    obstructions.

    During her visit to Armenia earlier this month U.S. Secretary of
    State Hillary Clinton said during a meeting with civil society
    representatives that she had communicated her concerns about issues
    pertaining to freedom of speech during her meeting with Armenian
    President Serzh Sargsyan.

    "I know many of you are concerned about the government's recent changes
    to the law on TV and radio and these are concerns that the United
    States, the OSCE and the European Union share," Clinton said on July 5,
    while meeting a group of civil society activists and journalists in
    Yerevan. She added that President Sargsyan had told her the Armenian
    government was ready to once again consider the law this coming fall.

    Despite concerns voiced by local experts and a number of international
    organizations, President Sargsyan in June signed into law the
    parliament-adopted amendments regulating the introduction of digital
    television and radio in Armenia and, in particular, curtailing the
    number of television and radio companies in the country.

    Opponents at home and OSCE media experts had warned the new law could
    put serious curbs on pluralism in Armenia.

    But NTRC Chairman Amalyan says that the procedures related to the
    contests would definitely not be changed.

    "No new requirements that would essentially impact competitive factors
    will be set during these announced contests," said Amalyan.

    Expert Harutyunyan doubts the Armenian authorities will make any real
    change following the statement by the U.S. secretary of state.

    "I believe that these 18 frequencies have already been virtually
    distributed. But we hope that one day this law will be changed,"
    said Harutyunyan.




    From: A. Papazian
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