October 15, 2012

Explanation of the Commission

The Georgian National Communications Commission responds to the item of news program “New 6” of TV company Channel 9 aired on October 12, 2012.

The item of news was about prolongation of term of the broadcasting license of TV company Sakartvelo Ltd and handover of this license to Civic Education Foundation.

According to the content of the aired material the Commission does not give consent to issuance of broadcasting license to Channel 9 and at the same time satisfies other company’s request to receive broadcasting license. We would like to explain that the Georgian National Communications Commission has not issued a new broadcasting license at the session held on October 12, 2012.

In accordance with the Law of Georgia on Broadcasting in case of transferring the broadcasting license to another entity, i.e. in case of replacing the license holder, the old holder, in this case TV company Sakartvelo Ltd and the license seeker company, namely Civic Education Foundation, are obliged to get preliminary consent from the Georgian National Communications Commission.

The Georgian National Communications Commission’s authorities are clearly defined in the Law of Georgia on Broadcasting. The Commission is obliged to study the issue and in case of no difficult circumstances for issuing the broadcasting license the Commission is not authorized to refuse to give preliminary consent to claimants to transfer the license.

Basis of refusal to give preliminary consent to handover of broadcasting license is the following:

1. If a license seeker becomes an administrative authority; an official or employee of an administrative authority; a legal entity interdependent with an administrative authority; a political party or its officials; a legal entity registered in the offshore zone; a legal entity shares or stake of which are held directly or indirectly by the entity registered in the offshore zone.

2. If an entity holds other private general broadcasting license in the same broadcasting zones.

According to the conclusion made by the Broadcasting Regulation Department of the Commission Civic Education Foundation was in compliance with the Law of Georgia on Broadcasting and was fulfilling the requirements listed above, that is why the Commission gave preliminary consent to handover of the broadcasting license.

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