Obligation to transmit programmes in cable networks

"We call on all cable providers to include in their packages the programmes of regional and local broadcasters in territories that are licensed to such broadcasters. Lacking any legal authority to regulate this legal area by a mandatory ruling, the Council will cooperate with the Ministry of Culture with the aim to find a satisfactory regulatory model in this area before the adoption of new media laws, in accordance with best European practice."
(Announcement of the Council of the Republic Broadcasting Agency, July 13, 2011)

Conflict of interest between broadcasters and operators of cable distribution networks, on the one hand, and the operators and users, on the other hand, cannot be solved by a public announcement but only by implementation of the Article 101 of the Law on Electronic Communication. In accordance with this provision, at the request of the Republic Broadcasting Agency, the Republic Agency for Electronic Communication (RATEL) specifies operators of cable distribution networks who are obliged to transmit one or more radio or TV programmes at the national, provincial, regional or local level:

1. When a significant number of end-users uses the cable distribution networks of such providers as their only or primary means of receiving media content;
2. When such a decision is necessary to achieve clearly defined goals in the interest of the public, as defined by the Republic Broadcasting Agency in accordance with principles of proportionality and transparency.

The main goal in the interest of the public can be defined as a realization of the right to receive information that is specified in the Article 51 paragraph 1 of the Constitution: "Everyone has the right to be truthfully, fully and timely informed about issues of public importance and media outlets are obliged to respect that right."

In accordance with the Article 18 paragraph 1 of the Constitution, this human right and right of minorities shall be implemented directly.

Such a clearly defined primary goal can be further supported by the provisions of the following:

1. Article 2 paragraph 1 of the Law on Public Information: "Public informing is free and in the interest of the public."
2. Article 5 point 28 and Articles 83-93 of the Law on Consumer Protection, in accordance to which cable distribution services are services of general economic interest.

Note – Probably having in mind the aforementioned Constitutional and legal provisions, the Ministry of Culture, Informing and Information Society and the Work Group for Preparation of the Draft Media Strategy have written the following:

1. "The public interest in the area of information is to produce and broadcast content that is necessary for the citizens to be truthfully, fully and timely informed about issues of public importance" – at the section dedicated to the media on the web site of the Ministry;
2. "The public has the right to be informed and realization of such right is in the interest of the public" – Article 1.1 paragraph 1 of the Draft Strategy.

In this way, the Republic Broadcasting Agency may implement the aforementioned provision of the Constitution and demand that the Republic Agency for Electronic Communication oblige each operator of cable distribution networks to transmit local TV signals (within the basic cable distribution service package) that are already being transmitted by radio waves and which have a field strength that is equal to or larger than the specified usable field strength at the location of antennas of the main station of the cable distribution network.

At the same time, the price for basic cable distribution service is regulated by the Republic Agency for Electronic Communication if the Agency finds out that in a certain area a cable operator is not exposed to competition from at least one other cable operator. It should also be noted that the analog terrestrial TV broadcasting cannot offer the same picture quality as cable distribution networks, but it seems that digital TV broadcasting is a good match in this area.

Dejan Popovic

About the authors

MC Newsletter, August 12, 2011