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Publication date: 13.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
In the field of media in Ukraine, there are certain rules and requirements for licensing, which are regulated by the relevant legislation. The main aspects of media licensing in Ukraine may include:
Obtaining a license: Media operators must obtain a license to operate from the relevant state authority that has such authority.
Applicant requirements: Applicants for obtaining a license may be subject to certain requirements, such as being a citizen of Ukraine, age, lack of criminal record, financial stability, and others.
License conditions: The license may establish various conditions and restrictions on the performance of certain types of media activities, such as the term of the license, geographical restrictions, obligations regarding the production and distribution of content, etc.
Control and supervision: Licensed media operators are subject to control and supervision by the relevant state authorities, which have the right to take measures in case of violation of the law.
Term of validity: the license is issued for a period of 10 years with the possibility of extension.
License renewal and cancellation: Licenses may be renewed or canceled in case of violation of the terms of their provision or media law.
obtaining a license for the provision of services for broadcasting purposes may be subject to various requirements and conditions, which are usually reflected in the license conditions. Some of these may include:
Financial requirements: The applicant may be required to provide financial guarantees regarding its financial stability and ability to provide uninterrupted services for broadcasting needs.
Technical requirements: The applicant may be required to comply with certain technical requirements regarding hardware, software, network infrastructure and other aspects related to the provision of broadcasting services.
Compliance with legislative requirements: The applicant must comply with all requirements established by legislation in the field of media, in particular with regard to ensuring the rights and freedoms of citizens, ethical standards, advertising restrictions, etc.
Other conditions: The license conditions may also contain other specific requirements relating to the provision of specific types of services for broadcasting needs or the activities of the broadcasting operator in general.
in Ukraine, broadcasting licenses and licenses for the provision of services for broadcasting purposes are usually issued on a competitive basis. This is provided for by the legislation on mass media and broadcasting.
The main stages of the tender procedure may include:
Announcement of the competition: The competent body, namely the National Council of Ukraine on Television and Radio Broadcasting, announces a competition for the issuance of broadcasting licenses or the provision of services for broadcasting needs. such an announcement is made in the form of a notice, which is published on the official website no later than 60 days before the end of the application deadline. This announcement contains requirements for participants, application deadlines and other important terms.
Submission of applications: Participants of the competition submit applications for obtaining licenses, observing the conditions established by the announcement of the competition and the legislation. In particular, legal entities submit: identification data, the address at which editorial control is carried out, contact data, information about the ownership structure, information about the manager; FPOs must submit: identification data, as well as information about the place of registration, contact data.
Evaluation of applications: The competent body evaluates submitted applications, taking into account the requirements of the competition and the selection criteria established by law, namely, to obtain a broadcasting license, the applicant will be checked according to the following criteria: the level of professionalism and experience of the applicant in the field of media, his ability to ensure quality broadcasting and production are evaluated content, the scope of distribution of the product proposed by the applicant, the scope of distribution of programs of the thematic direction specified by the license. To obtain a license for the provision of services, the following criteria are provided: compliance of obligations with the conditions of the competition, availability of technical means, the proposed level of digital multi-channel electronic communication network, as well as the level of profitability of communication services are taken into account.
Conducting the competition: The competition commission evaluates the applications and makes a decision on the granting of broadcasting licenses or the provision of services for broadcasting needs to the best participants of the competition.
Issuance of licenses: After the completion of the tender procedure, the competent authority issues licenses to the winners of the tender who meet the conditions and criteria established by law. It is worth noting that the license is issued only within one day after the payment of the license fee.
Lawyer services in the process of obtaining a license:
Obtaining a license to conduct activities in the media sphere is a complex process that requires compliance with legal requirements and great attention to detail, which is why a lawyer is of utmost importance. It is recommended to consult a lawyer in this field or to contact the regulatory body directly for detailed information on the procedure for obtaining a license, conducting a legal analysis of the situation. Legal services may be required in determining the list of licensing requirements, gathering documents and submitting them to the licensing authority.
