Infso-2008-00093-00-02-en-rev-01
Type Transmission mode (TM)
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- Bu səhifədəki naviqasiya:
- Other Sports/news/ teleshopping/ near-video-on-demand A
- Member State Channel AS 2005 AS 2006
1See Chart 1 and Table 1 in Background Document 2. 2See Table 2 in Background Document 2. 3I.e. total transmission time excluding the time reserved for news, sports events, games, advertising, teletext services and teleshopping. 4See Tables 3 and 4 in Background Document 2. 5See Chart 2, Background Document 2. 6OJ L 298, 17.10.1989. 7OJ L 202, 30.07.1997. 8Articles quoted without further specification are Articles of the Directive. 9Voluntary reports by Bulgaria and Romania are presented in Background Document 5. 10See Indicator 1, Background Document 1. 11See Background Document 2, Chart 1. 12The latter applies to the 10 Member States that joined the European Union in 2004. 13From 2004 onwards for the EU-10. 14Two separate reports were received from the Flemish and the French Communities. This distinction is therefore reflected in the present analysis. However, the figures were aggregated for the purpose of assessment at Member State level in Background Document 2. 15‘Reported’ channels are those for which data were communicated by the Member States. 16The term ‘covered’ channels refers to the total number of channels identified less the number of non-operational and exempted channels, see Indicator 1, Background Document 1. 17See point 2.2. of the suggested guidelines for the monitoring of the implementation of Articles 4 and 5 of the ‘Television without Frontiers’ Directive of 11 June 1999. 18See Indicator 1, Background Document 1. 19This contrasts with the considerable drop of -35.40 points mentioned in the last report for the years 2001-2004, which was to a large extent due to non-compliance with the reporting obligation for a number of channels in 2001. 20See Article 6 of the Directive. 21The reporting obligation under Article 4(3) applies to all transmissions by broadcasters within the jurisdiction of a Member State, with the following exceptions: - Articles 4 and 5 do not apply to ‘news, sports events, games, advertising, teletext services and teleshopping’; - Following Article 9, Articles 4 and 5 do not apply to ‘television broadcasts that are intended for local audiences and do not form part of a national network’; - Following Recital 29 of Directive 97/36/EC, ‘channels broadcasting entirely in a language other than those of the Member States should not be covered by the provisions of Articles 4 and 5’; - Under Article 2(6), the Directive does not apply to broadcasts intended exclusively for reception in third countries, and which are not received directly or indirectly by the public in one or more Member States. 22The 2005 data for RTBF could not be reviewed by the Conseil supérieure de l’audiovisuel (CSA), as the operator did not submit the information required for the audit; the 2006 data for RTBF could not be reviewed by the CSA by the deadline for this report, 25 October 2007. This will be confirmed at a later stage, if the operator submits the information required for the audit. 23Ibid. 24Be Ciné 2 was replaced by Be Séries on 4 September 2006. The data for both services were added. 25Be Sport 3, 11 TVPPV, Via Calcio, Canal Z are channels devoted to sporting events and information. They are exempted as their scheduling does not contain programmes eligible for inclusion in the quota calculations. 26This does not include channels reported as ‘0%’ channels by the Greek authorities. 27Idem. 28Digital terrestrial pay-TV channel in 2006. 29Idem. 30Idem. 31Idem. 32Idem. 33Idem. 34Idem. 35Idem. 36The ratio of recent works is calculated as a percentage of all European works (%EW) and not as a percentage of independent works (%IP). 37Under Article 1(28) of Law No 650 of 23 December 1996 and Article 1(3) of AGCOM Decision No 129/02/CONS. 38In Italy the regulatory framework on the promotion of European works and works from independent producers is much stricter than in other countries and includes a vast number of rules. See section C for additional details. 39In accordance with Article 2(3) of the Italian Quotas Regulation mentioned in section C, in the event of a shortfall of up to 7% as regards the obligation to reserve 50% of scheduling time for European works broadcasters are only obliged to provide reasons for their failure to meet the obligation. These reasons cannot be investigated by AGCOM, and it cannot apply any sanction. 40In accordance with Article 2(4) of the Quotas Regulation, a channel reserving percentages smaller than the required proportions for European works, works by independent producers or recent works may not be sanctioned if it belongs to a group of channels controlled by a single company or person, provided that the entire broadcasting schedule (subject to a minimum quota of 20% for each channel) for all the channels of this group meets the requirements. 41The extension of this obligation to content providers is one of the main innovations of the Broadcasting Code. 42A Member State is a state that is a Member State of the European Union or of the European Economic Area or one that has signed the European Convention on Transfrontier Television. 43Based on the monthly reports, a quarterly evaluation of the data is produced, whereas performance in terms of the quotas is evaluated by the ORTT twice a year. If a broadcaster fails to submit the required data, the ORTT takes the necessary action. In the event of failure to meet the statutory ratios, the ORTT notifies the broadcaster concerned — after the twice-yearly evaluation — but action may be taken only in the light of the data for the entire year, as performance is assessed on the basis of the annual broadcasting time. 44Under Article 112 (1), “if the broadcaster fails to meet or if it breaches the conditions laid down in this Act, in the Act on Copyright or in the broadcasting or radio licence, or if a person who had an employment relationship or other legal relationship with the broadcaster when the act was committed is found guilty by the final decision of the court of having committed the criminal act specified in Article 329 of the Criminal Code, the ORTT: (a) shall call on the broadcaster to terminate the conduct concerned; (b) shall establish the violation of the law in the form of a written warning, calling on the broadcaster to terminate the infringement and to refrain from the infringement in the future; (c) shall suspend the right to exercise the broadcasting licence for a set period of time not exceeding 30 days; (d) shall apply the penalty specified in the contract; (e) shall impose a fine on the public service broadcaster or the broadcaster engaged in broadcasting activities based on notification, or on the basis of a request by the Complaints Committee within the limits specified in Article 135; (f) shall withdraw the licence with immediate effect.” 45Fourth Communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC “Television without Frontiers” for 1997 and 1998. 46See the report for 2003/2004. 47Annex X to the EEA Agreement regulates application of the Directive — with some adaptations — to the EFTA Member States participating in the EEA. 48The figures on recent works are least accurate for 365 MEDIA and ITC. They simply reflect the number of Icelandic productions each year and do not cover other European works as the broadcasters’ computer systems do not record this. EN Yüklə 6,13 Mb. Dostları ilə paylaş:
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