ABOUT OPERATION of the EIGHTH FREQUENCY CHANNEL of TV (Moscow)

And NETWORK of ITS DISTRIBUTION

THE DECREE

THE PRESIDENT of Russian Federation
December 22, 1993.
N 2259
(D)


With the purposes of increase of quality of a teleannouncement and development
unstate TV in Russia to decree:
1. To accept the offer of the telecompany NTV about the beginning in 1994 in
the order of experiment of compilation on the eighth frequency channel
TV (Moscow) programs of the telecompany NTV.
To ministerial council - Government of Russian Federation to consider
question on participation of the state in structure of the founders of the telecompany NTV.
2. To Ministry of Communications of Russian Federation to ensure compilation the programs of the telecompany NTV on the eighth frequency channel of TV
( Moscow) with preservation of a network and conditions of its distribution.
3. Federal service of Russia on TV and broadcasting and
to Ministry of Communications of Russian Federation according to
by the legislation of Russian Federation in a month's time:
When due hereunder to consider the problem on conditions of distribution
the telecompanies NTV of the licenses for an announcement and on activity on connection
in areas of a teleannouncement;
To solve the problem on fastening the eighth frequency channel
TV (Moscow) and network of its distribution behind the telecompany NTV
( from 18 hours before ending the programs daily, with total volume of an announcement
58 hours per one week). To take into account the arrangement of National
Fund of sport and telecompany NTV about allocation till 2 hours of an announcement
per day for propagation of physical culture and sport;
To solve the problem on fastening morning and day time of an announcement (up to
18 hours daily) on the eighth frequency channel of TV (Moscow)
for compilation of transfers of the telechannel " the Russian universities " with the purpose
display культурно-educational, educational, popular scientific
the programs, and also specialized programs on problems
Businesses, ground reform, privatization, conversion,
tax system, bank and insurance activity.
4. The present Decree inures from the moment of its publication.
The president of Russian Federation B Eltsin


About LICENSING a TELEVISION ANNOUNCEMENT, BROADCASTING And
ACTIVITY ON CONNECTION In the field Of TELEVISION And BROADCASTING
In Russian Federation
THE DECISION

GOVERNMENT of Russian Federation

December 7, 1994.
N 1359
(D)


According to the Decree of the President of Russian Federation from December 22, 1993.
N 2255 " About perfection
of state management in sphere of the mass information " (Assembly of the acts
of the President and Government of
Russian Federation, 1993, N 52, ст.5067)
and with the purposes of ordering activity in the field
of a television announcement, broadcasting (further -tv - and (or) broadcasting) and activity
on connection in the field of television and broadcasting in Russian Federation (further - activity
on connection in the field of telebroadcasting) the Government of Russian Federation decides:
1. To establish, that before acceptance of the federal law, regulating
the order of formation and activity of a Federal commission on tv-radio -
to announcement and regional commissions on telebroadcasting, licensing
television and (or) broadcasting is carried out in the following order:
The licenses on a television and (or) broadcasting in territory of Russian
federations are given out by a Federal service of Russia on TV and radio
to announcement as agreed with Ministry of Communications of Russian Federation;
The licenses for activity on connection in the field of telebroadcasting are given out
by Ministry of Communications of Russian Federation according to a Rule about licensing activity in the field of connection
in Russian Federation authorized decision of Government of Russian Federation from June 5, 1994. N 642 (Assembly
of the legislation of Russian Federation, 1994, N 7, ст.772), and as agreed with a Federal service
Russia on TV and broadcasting;
The licenses on a television and (or) broadcasting from territory of Russian
Federations on foreign countries, including, connected to relaying,
the programs of foreign television and broadcasting organizations, are given out
by a Federal service of Russia on TV and broadcasting as agreed with Ministry of Communications
of Russian Federation and Ministry of foreign businesses of Russian Federation;
The licenses for activity on connection in the field of telebroadcasting with
The territories of Russian Federation on other countries, including on use of means for relaying the programs, are given out
by Ministry of Communications of Russian Federation as agreed with Federal
by service of Russia on TV and broadcasting and Ministry of foreign businesses of Russian Federation.
2. To ratify applied:
Rule about licensing a television announcement and broadcasting
In Russian Federation;
Rule about the order of collection of a payment for distribution and renewal of the licenses on a television announcement and broadcasting in Russian Federation.
3. To establish, that the means received from licensing in area a television and (or) broadcasting, are directed on a covering of the charges on realization of licensing. The rest of means can be directed on development and
modernization of technical base of TV and broadcasting of Russian Federation.
4. To recognize lost force the decision of ministerial Council of RSFSR
from September 26, 1991. N 500 " About licensing a television announcement,
broadcastings and activity on connection in the field of television and radio
announcements in RSFSR ".
The licenses on a television and (or) broadcasting, given till August 1 1993, are renewed according to the requirements of the present decision after expiry
of the term of their action.
The licenses on a television and (or) broadcasting given in the period since August 1 up
to an output of the present decision, and also application for reception
the licenses on a television and (or) broadcasting sent according to the decision
of ministerial Council of RSFSR from September 26, 1991. N 500 " About licensing a television
announcement, broadcasting and activity on connection in the field of television and the broadcastings
in RSFSR ", are subject to renewal in view of the requirements of the present decision.

The chairman of Government
The Russian Federation
V.Chernomirdin


IS AUTHORIZED
By the decision of Government
The Russian Federation
From December 7, 1994. N 1359


RULE
About licensing a television announcement and broadcasting in
The Russian Federation

1. A Rule about licensing a television announcement and broadcasting in Russian Federation
(further - the RULE ) defines the order of licensing of a television announcement and broadcastings (further television and
(or) broadcasting), carried out on territory of Russian Federation and population, intended
for maintenance, television and radio programs designed for the all-Russian, regional or local audience,
and also on realization a foreign television and (or)
Broadcastings.
The present Rule works before acceptance of the federal law,
formation, determining the order, and activity of a Federal commission
on telebroadcasting and regional commissions on telebroadcasting.
2. The reception of the license is not required, if a cable network
of a teleannouncement and cables a network of
broadcasting the educational
institutions or industrial enterprise are limited by rooms and territory of one establishment,
or if the common number of the subscribers does not exceed 10.
3. The licenses for realization a television and (or) broadcasting in territory of Russian Federation are given out by a Federal service of Russia on TV and broadcasting as agreed with Ministry of Communications of Russian Federation.
4. The licenses for realization a foreign television and (or) broadcasting from territory of Russian Federation are given out by a Federal service
Russia on TV and broadcasting as agreed with Ministry
Communications of Russian Federation and Ministry of foreign businesses of Russian
Federations.
5. Application about licensing for realization a television and (or) radio
the announcements are accepted from the legal persons registered when due hereunder in territory of Russian Federation.
For reception of the license the following documents should be submitted:
The application for the form established Federal service of Russia on
to TV and broadcasting;
The items of information on the basic techical and economic parameters of means
preparations both formations television and radio programs.
To the application the certified when due hereunder copies are applied
the certificates on registration as mass media and
the editorial charter (charter of the enterprise), and also document certifying payment for licensing.
In case of prospective use of the equipment belonging to other person, the confirmation of the right of rent (use) of this equipment is represented. The confirmation can be submitted in
kind of the contract or its copy certified when due hereunder.
6. The decision on licensing or refusal in its distribution is accepted in
30-day's term from the date of reception of the application and named above documents.
In cases demanding additional study of questions, can
to be carried out examination of the submitted materials with attraction of the independent experts. On occassion depending on complexity both
volumes of materials subject to examination, term of realization of examination
can be in addition prolonged about 30 days.
All charges connected to realization of examination, are carried with the applicant.
7. In case of receipt of the applications about licensing on a television and (or)
Broadcasting from two and more applicants on the same radio time,
the same channel of distribution (frequency) or at other, arising,
disagreements between the applicants the decision is accepted by a Federal service
Russia on TV and broadcasting in view of the recommendation of a commission on
to announcement formed Federal service of Russia on TV and radio
to announcement and Ministry of Communications of Russian Federation.
For participation in work of a commission on an announcement the experts are involved
in the field of a teleannouncement and broadcasting, sociology, jurisprudence, figures of culture and art.
The activity on licensing a television and (or) broadcasting is carried out on principles of publicity.
8. The federal service of Russia on TV and broadcasting can
to carry out open competition on reception of the licenses on a television and (or) radio announcement.
The announcement of realization of competition is published in means of mass
informations with the instruction of conditions of competition and terms of its realization.
9. The licenses are given out for the term of from 3 till 5 years, in a case if smaller
term is not specified in the application on reception of the license.
At prolongation of action of the license a Federal service of Russia on
to TV and broadcasting takes into account opinion of the consumers on quality
announcements and transmitted programs. The licenses for each subsequent term
are made out according to the established order.
10. Form of the license on realization a television and (or) broadcasting
is established by a Federal service of Russia on TV and broadcasting.
11. The reasons of a refusal in licensing can be:
Discrepancy of the submitted documents to the requirements of present
Rules ;
Representation of the incomplete or unsufficient items of information;
Discrepancy of the items of information, contained in the application,, working,
to the standards, norms and rules;
Absence of a technical opportunity of realization of the declared kind
activity;
Discrepancy of services, assumed to granting, on a level
qualities to the domestic standards and international requirements, another
to the normative documents, and also if as a result of competition the applicant
is not chosen by the holder of the license.
The applicant answers for reliability of the items of information, submitted for
receptions of the license, according to the legislation of Russian Federation.
12. The decision on a refusal in licensing is possible up to the applicant in
to the written form with the instruction of the reasons of a refusal.
13. Any legal person cannot receive the licenses for realization a television and (or) broadcasting more than on two
channels of an announcement on the same territory, if the zones of service coincide completely or more than on two third and if by the current legislation
Russian Federation other is not stipulated.
14. The license is not distributed to the assignees, and also other legal persons established by the licensee, and cannot be transferred(handed)
to other legal person or citizen.
15. The licensee bears responsibility in established by the legislation of Russian Federation the order for realization of activity in strict conformity with the license.
16. The control of licensed activity carry out State technical inspection on telebroadcasting and other divisions Federal service of Russia on TV and broadcasting within the limits of them
the competence, which have the right:
To request the items of information connected to licensed activity, and
also to carry out checks of this activity on places;
To demand of the holders of the licenses of observance of conditions stipulated by the license;
To carry out inspection with the purpose of check of conformity of characteristics to conditions of operation.
According to character of the revealed infringements the decision on the discontinuance or stay of action of the license before elimination of these infringements can be accepted.
17. The license is cancelled by a television , giving out it, in cases:
If it is received by fraud a way;
Under the application of the licensee;
If the fact of the latent concession to the license is established;
Systematic infringement of qualitative, determined in the license,
parameters emination of a signal;
If the licensee within the limits of validity of the license during three
and more than months are failed with telebroadcasting;
If the break of the activity, specified in the license, has exceeded three months;
Repeated within year of infringement of norms established by the license, present Rule or legislation of Russian Federation,
followed after the official written warning;
Systematic distribution a television and (or) radio programs with
by infringement of the current legislation about the copyright and adjacent
the rights.
The decision on cancellation of the license can be appealed against in the order established by the current legislation of Russian Federation.

IS AUTHORIZED
By the decision of Government
The Russian Federation
From December 7, 1994 №
N 1359
Rule

About the order of collection of a payment for distribution and renewal of the licenses On a television announcement and broadcasting in Russian Federation


1. The present Rule establishes the order of collection of a payment for
distribution and renewal of the licenses on a television announcement and broadcasting (further - license for an announcement),, given out according to The Law,
Russian Federation " About mass media " and on the basis
Rules about licensing television and broadcasting in Russian
Federations. The payment for licensing should be brought in before submission for demand on reception of the licenses on an announcement also is confirmed, appropriate, by the payment documents.
2. The payment for licensing for an announcement is raised Federal
by service of Russia on TV and broadcasting in the sums, multiple Russian Federation, established by the current legislation, to the minimal wages, in the following sizes:
Kind of the license the Size of a payment for licensing
For the license for an announcement on
territories of Russian Federation,
behind its limits or in territory
several republics, several
territories and areas of Russian Federation
50 minimal salaries
For the license for an announcement in territory
Republics, territory, region, province,
Cities, other occupied item or
its parts
30 minimal salaries

3. For licensing for an announcement to the legal persons, created at
participation of the foreign citizens or foreign legal persons, payment for licensing makes the sum equal to 100 minimal salaries.
4. In case of change of conditions of the license or its prolongation, license is subject to renewal. The payment for renewal of the license is raised in
the size of 50 percents from the size of a payment, established according to by item 2 of the present RULE .
5. At loss of the license on an announcement under the application of the holder of the license
the duplicate is given out. Thus on the form of the license the mark "Duplicate" is done . The payment for distribution of the duplicate of the license is raised at a rate of 30 percents from, established,
level of a payment for licensing.
6. In case of the reasonable refusal in licensing for an announcement or refusal of the applicant from registration of the license by a Federal service of Russia
on TV and broadcasting in a month's time is made a decision about
return of the brought in payment. The basis for return of the brought in payment is the written reference of the applicant and document confirming entering of a payment, on which at the request of the applicant the mark of a television is done ,
giving out the licenses, " Return of a payment for licensing ".