The document discusses legal issues around regulating the introduction of digital TV in Ukraine. It addresses whether regulation should be done through law or by-law, and whether it should focus on the implementation process, ongoing activities, broadcasting, or creating programming. It also considers whether the goal of regulation should be ensuring media pluralism or technology development. The document analyzes these issues and concludes that parliament should set regulatory objectives through law to balance interests, while involving public discussion and experts to address their lack of technical expertise.

1. Legal regulation of digital TV
introduction in Ukraine
Olga Bolshakova,
Head of the Center of Legislative Initiatives
Independent Association of Broadcasters

2. Legal Issues of Digital
Television
The level of regulation: law or by-law
(a state program, the development plan
of TV radio area, etc.)
Subject of regulation:
 implementation process or ongoing activities;
 broadcasting or creating program product;
The objectives of regulation: to ensure media
pluralism or the technology development.

3. LAW
OR BY-LAW

4. Law
high social importance of regulated relations;
stability of regulated relations;
primary - regulation;
predetermination of the Constitutions;
competence of the subject of legislative activity.

5. The Constitution of Ukraine (extract)
Article 92. Laws of Ukraine exclusively determine:
 1) the rights and freedoms of person and citizen guarantees of these rights and
freedoms ...
 2) ... the status of foreigners and stateless persons;
 3) the rights of indigenous peoples and national minorities;
 4) the application of languages;
 5) the principles of using of natural resources, ... organizations ...communications;
 8) ... the competition rules and norms of antimonopoly regulation;
 11) the basics of ... the media;
 12) organization and activities of the executive branch ...;
 17) the fundamentals of national security ...
Paragraph 6 of Article 85. The authority of the Supreme Council of Ukraine includes:
approval of national programs of economic, scientific, technical, social and cultural
development ...

6. BY-LAW
complex topic that requires specialized
knowledge;
significant number and variety of law enforcers;
Significant differences in the approaches to
solving problems in different regions or for
different parties of legal relations;
trend of quick change of regulatory relations.

7. Restrictions on freedom of rulemaking body
of executive authority
definition of standard procedures for planning,
preparation, disclosure and public discussion of draft
laws and regulations;
definition of factors that should be taken into account
when making decisions: for example, the criteria for
competitive selection;
the boundaries for decision-making: for example, at
least ¼ of the frequency resource for the purpose of
broadcasting is given for local broadcasters.

8. CONCLUSIONS
Act:
 Principles of providing access to radio frequencies (guarantee of the
licensee and the distribution of the digital dividend):
 limit concentration;
 restrictions on foreign capital;
 licensing procedures;
 Requirements to program product: language broadcasting;
 The legal status and procedures of the regulator.
By-laws::
 The technical aspects of implementation;
 Business model;
 Other.

9. SUBJECT
OF REGULATION

10. The process of implementation
or ongoing activities:
Background: the stability of legislation - one of the basic guarantees of
compliance;
Optimal solution: the law of the transitional regulations.
Reflection in the title: The Law of Ukraine "Regarding adopting
corrections to the Law of Ukraine" On Television and Radio "in
connection with the introduction of digital television (new edition)".
Reflection in the structure: transitional regulations should contain
formulated general guarantee, which is provided to current licensees:
 for frequency resources, sufficient to spread the same amount of
software, which is distributed under a valid license;
 for priority right to make investments in technical development of the
multiplex and antenna-towers constructions, where equipment is
planned to be placed.

11. Broadcasting or creation of program product
The essence of a specialized legislation on broadcasting: to provide the
general principles of freedom of information in the context of limited
radio frequency resources, i.e. regulation of access to radio frequencies.
Television and radio, in accordance with the law on information, are
determined as media thus include means of distributing information for
the indeterminate amount of people.
Broadcasting - is a licensed activity, and as an activity includes a complete
production cycle, in result of which company gets ready for the sale
products. The term "products" in the context of free TV means service of
distribution of the advertising information during television program and
mass audience can access it. In the context of pay-TV "product" means a
service for providing subscribers’ access to television program. Both
services involve both the creation of content and telecommunications
services.

12. The principles of freedom of expression and
regulation of broadcasting (Article 19)
Principle 21: Licensing
21.4 In cases where the license applicant does not have
its broadcast frequency, a single procedure is
applicable: in case of positive decision on the
application the broadcaster should be guaranteed the
provision of frequencies in accordance with the
obtained license.
21.5 The broadcaster who have got a license should
have the right to choose: whether to transfer the signal
independently or through a transmission company.

13. The principles of freedom of expression and
regulation of broadcasting (Article 19)
Principle 9: Frequency planning
9.1 At national and international level, decision-making on the allocation of frequencies among
all users should be open to all interested parties, including broadcasting regulators, and should
ensure the allocation of a sufficient number of broadcast frequencies.
9.2 A mechanism for planning regarding frequencies allocated for broadcasting is needed, in
order to ensure their optimal use in terms of diversity. This process should be open to all
interested parties and should be monitored by the institution which is free from political and
commercial interference. After the adoption of the frequency plan it should be the published.
9.3 Frequency plan is designed to ensure an equitable distribution of broadcasting frequencies,
among the three broadcasting sectors (public, commercial and community), two types of
broadcasting (radio and television) and broadcasters with a variety of outreach (national,
regional and local) taking into account the interests of society.
9.4 Frequency plan can include the reservation of certain frequencies for future use by certain
categories of broadcasters, in order to ensure diversity and equal access to the air over time.

14. Conclusions
The law shall regulate the legal relations in the
area of broadcasting since the introduction of
digital television;
The law shall guarantee the right of the
broadcaster to use a specific frequency
resources and necessary means of
telecommunication, as well as provide
mechanisms to enforce these rights.

15. PURPOSE OF REGULATION:
BALANCE OF INTERESTS

16. Media pluralism
Strict antitrust restrictions;
Strict requirements for the program product
(such as quotas for own product, information,
children's programs, etc.);
Minimum license fee;
State funding of the introduction of digital
broadcasting;
Qualitative research interests of the audience.

17. Technology development
No restrictions on investments to the
industry;
Minimum content requirements;
The auction of frequencies - the
maximum license fee;
Minimal impact on the development of
the State TV radio area;
Minimum time for launching digital
television.

18. Balance of interests
The method of compromise: "soft" investment
restrictions, partial state financing, the auction of
frequencies with the "soft conditions";
Combined approach:
 part multiplexes created by the State to ensure pluralism of
information,
 part - of the licensee as a guarantee of their rights to license
renewal and stability of business,
 part – is put up for free auction.

19. Conclusions
Parliament should take responsibility for setting
regulatory objectives and the balance of interests;
Deputies have lack of expertise, which can be replaced
by broad public discussion of the problems, by
involving experts and conducting of high-quality public
opinion polls;
Goals should be clearly stated in the preamble of the
law, which will be then used for the interpretation of
separate regulations.

20. THANK YOU!