June 08, 2012

Statement of the Commission

The Georgian National Communications Commission (GNCC) responds to different considerations distributed through media about sanctioning of Stereo+ Ltd.

We declare once more that monitoring conducted by the specialists of the Georgian National Communications Commission established that on the one hand, the company Stereo+ Ltd used a certain radio frequency spectrum without license and on the other hand, the company unlawfully carried out on-air transit service of broadcasting channel using the same frequencies, specifically, the company provided signal propagation of the satellite broadcasting license holder company - 9th Channel Ltd on air.

David Zilpimiani’s, director and founder of Stereo+ Ltd, statements that it was impossible to make such service in a different way (not breaching the license terms) is intentional attempt to mislead the society. Physicist and professor Zilpimiani declared at the session held at GNCC that it was not Stereo+ Ltd’s aim to propagate a signal of 9th Channel Ltd on air. According to the laws of physics this is a parallel phenomenon to radio links service. The Commission proposes as a recommendation to Stereo+ Ltd to solve a problem in a different way and declares with full responsibility that Stereo+ Ltd can carry on providing service to 9th Channel Ltd by radio links in analog as well as in digital formats by so-called coded signals, which shall not be available on air.  This simple decision shall close a question of breaching the license terms.

It is impossible that David Zilpimiani, specialist of physics, could not know about this technical solution to this problem, which was an opportunity for the company to carry out radio links service without breaching the license terms. This evokes reasonable suspicion that Zilpimiani intentionally broke a law. As for the declaration of certain broadcasting companies concerning the technical support the Commission was and will always be ready to give technical support to any willing broadcasting company.

We declare once more that the Georgian National Communications Commission has not prohibited Stereo+ Ltd from using NF13 license. But the company was ordered to carry out its activities within the scope of the license terms.  Radio frequency spectrum license held by Stereo+ Ltd is intended for mobile and/or fixed radio links service but not for on-air broadcasting using frequency spectrum or transit broadcasting. In this case procedure of competition for obtaining a broadcasting license provided by the Law of Georgia on Broadcasting shall become pointless.

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