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Law on Some Changes in Law 8410 on Public and Private Radio and Television in the Republic of Albania

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LCO-OSCE translation
Non an official translation – Not for distribution
Updated as of January 2002

LAW

No. 8655, dated 31.7.2000 1

ON SOME CHANGES IN LAW NO. 8410, DATED 30.9.1998 “ON PUBIC AND PRIVATE RADIO AND TELEVISION IN THE REPUBLIC OF ALBANIA”

In compliance with articles 78 and 83 point 1 of the Constitution, upon the proposal of a
group of deputies,

THE ASSEMBLY
OF THE REPUBLIC OF ALBANIA

DECIDED:

The following changes are made to la w no. 8410, dated 30.9.1998 “On public and private
radio and television in th e Republic of Albania”:

Article 1

Point 3 of article 7 shall read as follows:
“The National Council of Radio and Television manages the radi o-frequency spectrum
set for radio and television broadcasts.
The National Council of Radio and Television manages the frequency spectrum set for
the mobile and fixed services, that are used by public and private radio and television
operators for the radio-rele connection, radi o-microphones and radio-cameras, according to
the national plan of radio frequencies approved by the Council of Ministers.”
Point 21 of the same article shall read as follows:
“Checks the quality of signal reception in th e licensed areas and demands solutions to
public complaints with regard to the quality of the transmission of radio and television
signals.”

Article 2

Article 11 shall read as follows:
“Funding sources of the NCRT are:
– income from the payments for re ceiving and renewing the licenses;
– income from annual licensing payments;
– income from processing license requests;
– income from fees on radio and television broadcast services, provided in the fiscal laws;
– financing from the state budget;
– donations.
The fees for the issuance and renewal of the licenses, the license annual fees, the income
provided by processing license requests, the criteria and the modality governing the same
shall be determined by the NCRT.”

1 Law published in the Official Journal No. 24, dated 7.8.2000.

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Article 3

The second paragraph of articl e 9 shall read as follows:
“The license authorizes the use of national or local broadcast networks, and determines
the working frequencies, power, location, covera ge area, as well as other elements provided
in this law and in the regulations of the NCRT.”

Article 4

Article 20 shall read as follows:
“Two types of licenses shall be issued: national and local.
Two national private licenses shall be issued for ground television broadcasting.
Four national private licenses shall be issued for radio broadcasting in FM.
Licenses for radio and television broadcasting at the national level shall be issued to joint
stock companies established in the territory of the Republic of Albania with the sole purpose
of conducting radio and television activities. The shares representing the capital in a radio or
television license holder company shall be nominal in value.
No natural or legal person, foreign or national, may hold more than forty percent of the
total capital of the company.
Regular and special shareholders’ meetings of a joint stock company, whose sole purpose
is the conduct of radio and television activities, shall be recognized only if no less than two-
thirds of the shareholders are present.
Any natural or legal person who holds shares in a national radio or television company
shall not be permitted to hold shares, directly or indirectly, in a second national radio or
television company; nor shall su ch a person be issued a license for local radio or television
broadcasting.
Licenses for local television or radio broadcasts in FM shall be issued to natural or legal
persons and non-profit organizations registered in the territory of the Republic of Albania.
Such license shall not be issued to the same pe rson for more than two local broadcast zones.
Licenses for local broadcasts in urban areas with more than 200,000 inhabitants shall not be
issued to natural persons.
A person, to whom a local television broadcast license has been issued, may only be
granted a second local radio broadcast license.
A person, to whom a local radio license has been issued, may only be granted a second
local television broadcast license.
The holder of a national radio or television broadcast license shall cover more than 70
(seventy) percent of the territory of the country. Within six years, such coverage must reach
not less than 90 (ninety) percent of the territory and not less than 90 (ninety) percent of the
population of Albania.
The holder of a local radio or television broadcast license must cover the area defined by
the license in accordance with technical broadcasting parameters set by the NCRT.
For the purposes of this Law, the term “local radio or television broadcast” shall mean
any coverage by television or radio signal transm itted by such television or radio operators as
have been licensed to do the same across the territory of communes, municipalities, and
administrative units of no more than two pr efectures, when these constitute a single
geographical entity and provide sufficient fi nancial resources for radio and television
production and broadcast of programs.
Any natural or legal person, na tional or foreign, who has applied for a radio or television
broadcast license, shall be prohibited fr om using another name in any manner.”

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Updated as of January 2002

Article 5

Point 5 of article 23 shall read as follows:

“5. the declaration of the applicant that s/he will apply law no. 7654, dated 19.5.1992 “On
the copyright”, the complementar y legislation in force, as well as agreements and contract
with the authors’ associations.”

Article 6

The last paragraph of articl e 35 shall read as follows:
“Radio and television programs observe the rest rictions provided in the law and in article
10 of the European Convention “On the Pr otection of Fundamental Human Rights and
Freedoms” and the Chapter “On Fundament al Human Rights and Freedoms” of the
Constitution of the Republic of Albania.”

Article 7

Article 70 shall read as follows:

“Article 70

ART broadcasts include:
– 2 (two) national television programs;
– 2 (two) national radio programs;
– 1 (one) radio program in foreign lan guages and for the co-nationals in AM;
– programs of the regional radio and television stations;
– 1 (one) satellite radio and television program.”

Article 8

Point 2 of article 122 sh all read as follows:

“2. Rebroadcast of programs in tended for closed television networks like hotels, elder
residencies, tourist residencies, tourist villages, ships, ferry boats, hospitals, cinemas, theatres
and discotheques.”

Article 9

Article 126 shall read as follows:

“Article 126

Rules for Cable Distribution of Radio and television Programs

In order to achieve quality transmission of sound and image for subscribers, the National
Council of Radio and Television, in coope ration with independent or public

LCO-OSCE translation
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Updated as of January 2002

telecommunication operators po ssessing cable networks, shall determine the rules and
modalities for the distribution of radio and television programs.”

Article 10

Article 128 shall read as follows:

“Article 128

Responders of Foreign Ra dio and Television Program s

“Responders are broadcasting equipment, com posed of satellite receivers or ground
receiver antennas, of radio or television responders, of ra dio or television transmitters,
intended for a full, unchanged and simultaneous reception and rebroadcast in the air, within
the territory of the Republic of Albania, of the radio or television programs broadcast by
foreign stations by means of ground or satellite equipment.”

Article 11

The second paragraph of articl e 129 shall read as follows:
“In determining responder frequencies and ch annels, priority is given to requests for
channels and frequencies of licensed public and private subjects.”

Article 12

Point 6 is inserted to articl e 130 and shall read as follows:
“6. Other conditions determined by the NCRT in its regulation for the broadcast of
foreign television and radi o programs in Albania.”

Article 13

5 (five) articles are inserted after article 137 in chapter XII and sh all read as follows:

“Article 137/1

Inspection of the Licensed Subject’s Activity

The inspection of the licensed subject’s activity is carried out by NCRT administration
specialists. These specialists are equipped wi th a special identification document and are
called inspectors.
They perform their inspection in the facilities where the licensed subject is developing its
activity and without pr ior notice, to verify the implementation of the pr ovisions of this law, of
the conditions of the license and th e regulations approved by the NCRT.
The licensed subject has no right to stop the inspectors from carrying out their inspection.
He is obliged to collaborate with them and to give them information, when they request such
a thing.
When the inspector needs special expertise he can bring experts.”

Article 137/2

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Equipment Blocking

The inspectors block and lock by sealing th e equipment, when a license has not been
taken for their usage, when they are not approved, or when the conditions of the license are
not fulfilled.
The blocked equipment is taken into inventory and is seized after the deadline of a month
from the date of blocking and is given later fo r sale to the subjects set by law. The amount of
income from the sale, which is regulated in the relevant contract between the National
Council of Radio and Television and the above-men tioned subject, is transferred to the state
budget.

Article 137/3

Administrative Violations

When the inspectors of the NCRT prove th at the licensed subject has violated the
dispositions of this law, th e conditions of the license and the regulations approved by the
NCRT, they have the right:
1. to fine, applying the article 137/4 and to re quest licensed subject to take measures for
the correction of the violation, by setti ng time limits for its implementation;
2. to propose to the NCRT the stoppage of the licensed subject’s activity;
3. to propose to the NCRT the temporarily suspension of the license , the reduction of the
validity period of the license or its revocation.
The NCRT, after examining the proposal of the inspectors in compliance with points “2”
and “3”of this article:
a) issues a written warning to the lic ensed subject, defining the violation;
b) suspends temporarily the granted licen se and deducts the validity period of the
license;
c) revokes the license accordi ng to article 34 of this law.
NCRT notifies the licensed subject of its decisi on and the reasons for taking it, to give an
opportunity to the licensed subject to give opinions, before taking the decision for the
stoppage, reduction or revocation of the license.
If, even after the hearing of the licensed subj ect, the NCRT approves the decision, it gives
the licensed subject a copy of it. The NCRT pub lishes its decision in the subsequent edition
of the Official Journa l and in its Bulletin.
The NCRT follows the implementation of the decision.
The NCRT determines the sanctions provided in the law, not later than one year from the
date of the violation.

Article 137/4

Fines

The following violations, performed by the licen sed subjects, when they do not constitute
a criminal act, are administrative violations, and punished as follows:
1. By fine from 20.000 up to 200.000 lekë for cases when s/he:
a) does not provide sufficient broadcast time for information, object of article 39 of
this law;

LCO-OSCE translation
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b) eliminates, before the deadline determined in article 42 of this law, the recordings
and archives of newscasts;
c) eliminates, before the deadline determined in article 54 of this law, the recording
of advertisements.
2. By fine from 60.000 up to 1.000.000 lekë for cases when:
a) the time frame and territorial boundaries determined in the conditions of the
contract are not being re spected in broadcasting;
b) the obligations of articles 50,51, 52, 53, 55, 56, 57 and 58 of this law for the
broadcasting of advertisements are not being respected;
c) the obligations of the articles of chapter VII of this law, on sponsorships, are not
being respected;
ç) the conditions of the license regarding the programs produced in the country are
not being respected;
d) s/he does not notify for the changes occurred in the data presented in the license
request;
dh) the inspectors are not allowed to ente r the facilities where are located the radio
and television equipment of the licensed subj ect, or if the data requested by them
is not given;
e) s/he causes interference towards anothe r licensed subject as a result of not
respecting the technical c onditions in broadcasting.
3. By fine from 500.000 up to 1.500.000 lekë for cases when:
a) it performs broadcasts in anot her unauthorized frequency;
b) it performs broadcasting with radia tion powers higher than authorized;
c) it broadcasts from different locations than the ones written down in the license;
ç) it broadcasts programs forbidden by law, as defined in article 38 of this law;
4. By fine up to 4 million lekë for cases when a person installs radio or television
equipment, broadcasting by air with imag e or voice without the authorization and
licensing of the NCRT.
A complaint can be made at the NCRT against a decision of fine from the relevant
inspector within 10 days from the date of the decision. The National Council of Radio and
Television takes a decision within 30 days from the date of issuing the fine.
A complaint can be made against a decision fo r fine within 5 days from the date of
proclamation or of notification to the district court where the violation is committed, in
compliance with the Civil Proc edure Code, chapter “Judgment of administrative disputes”.
The examination of the administrative violatio ns, the complaint, and the execution of the
decisions is made according to the la w No. 7697, dated 7.4.1993 “On administrative
misdemeanors,” with the subsequent amendments and additions.
The fine is an executive title that is co llected from the National Council of Radio and
Television and is deposited in the State Budget.

Article 137/5

Collaboration with other bodies

For the exercise of the rights arising from this law, the National Council of Radio and
Television must be supported by the local public and police authorities.
The Taxation Police is charged with the ex ecution of the decisions of the National
Council of Radio and Television, regarding fines, sanctions and the revocation of licenses.”

LCO-OSCE translation
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Updated as of January 2002

Article 14

Every other act in violation with this law is abrogated.

Article 15

This law enters into force 15 days after its publication in the Official Journal.

Promulgated with the decree no. 2730, da ted 7.8.2000 of the President of the
Republic of Albania, Rexhep Mejdani.

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