Broadcast licensing spans the whole path — from who needs a licence or an authorization at all, through the content of the application, the contest procedure, to the refusal and its judicial review. These rules are established by the broadcasting law, and knowing them matters for anyone entering the radio or television field. This page explains the complete licensing framework on the basis of articles 38, 38-2, 39, 41, 43 and 44 of the law.
Who Needs a Licence and Who an Authorization
Under article 38, broadcasting is carried out on the basis of an authorization or a licence. The forms of broadcasting are television and radio broadcasting; television and radio broadcasting, except airwave radio broadcasting, are carried out on the basis of an authorization, while airwave radio broadcasting is carried out on the basis of a licence. On-demand audiovisual media services are provided on the basis of an authorization.
The types of broadcasting are community, private, university and cultural-creative radio broadcasting; for private specialized broadcasting, the themes of the programs must be indicated. By geographic area, broadcasting is national or local; by availability of programs, paid or free. Upon licensing, the language of broadcasting, the minimum daily duration — which must be 12 hours in the case of airwave television broadcasting — the distribution technology, the start deadline and the estimated geographic zone are indicated.
Administrative Proceedings and Terms
Under article 38-2, the granting, modification, extension, suspension and revocation of a licence follow public administrative proceedings; an authorization and the modification of its conditions follow simple administrative proceedings, while suspension or revocation at the commission's initiative follows public proceedings. Article 39 provides that a broadcasting licence is issued for a term of 10 years. After the term expires, the licence is extended once, for the same term, automatically, unless sanctions provided for by the law have been applied against the licence holder during that period.
In any other case, the licence holder applies to the commission with a request to announce a contest 6 months before the expiry of the term, and the commission conducts the contest before the term expires.