April 12, 2012

Statement of the Georgian National Communications Commission

The Georgian National Communications Commission responds to the petition of media unity – Solidarity for Media Freedom.

We consider that by the statement of media unity one-sided and incomplete information is given to the society, by which the media sphere becomes artificially politicized. 

We explain that the Commission held a monitoring in Shida Kartli region on the basis of written request of TV and Radio Company Trialeti Ltd. TV Company Trialeti notified the Commission that TV Company Dia operating in Khashuri was using a certain radiofrequency spectrum in violation of the law. As a result of the monitoring violation by Dia was not detected, though during the monitoring it was found that the cable operator (not broadcaster) TV and Radio Company Trialeti Ltd was using 11.864-12.064 MHz frequency spectrum without appropriate license. This violation is confirmed by inspection carried out by the Radiofrequency Management Department of the Commission and protocol on administrative violations drawn up as a result of the inspection.

It follows that the Commission imposed a fine on TV and Radio Company Trilaeti Ltd in the amount of 5 000 GEL. At the same time the company was forbidden to use the radiofrequency spectrum without authorization.

Additionally, TV and Radio Company Trilaeti Ltd carries out two different types of business activities, it carries out broadcasting activities and also transit of broadcasting service as one legal entity. In the mentioned case the Commission imposed a fine on Trialeti as on a broadcasting transit company, not on a broadcaster.

We state that it is not the first attempt of Trialeti to politicize the issue in order to cover its violations. The Commission always acts in accordance with Georgian legislation. All are equal before the law.

As for TV Company 9th Channel (Igrika Ltd), it is absolutely groundless claim that the Commission puts pressure on the TV Company. We remind you that it was the Commission’s Decision that TV Company 9th Channel (Igrika) received broadcasting license via cable network, and later satellite broadcasting license. Besides, in March the Company was announced as the winner of the auction and became a radiofrequency spectrum license holder. It is also groundless accusation that the Commission pressurizes the cable operators not to distribute the mentioned channel in their network. We explain once more that the Georgian National Communications Commission never interferes in such private legal relations because it is not within its sphere of regulation.

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