LAW

on Radio and Television

Chapter One

GENERAL PROVISIONS

S. 1. (1) This law shall govern the radio- and television activities on the territory of the Republic of Bulgaria

(2) Radio and television activities consist in the development and production of radio and television programmes and additional information for the purpose of broadcasting by means of terrestrial radio broadcasting, by cable, by satellite or by using other technical means, in unencoded or encoded form, which are intended for immediate reception by an indefinite audience.

S. 2. The provisions of this law shall not apply to:

1. radio and television programmes created only for broadcasting in one building;

2. radio and television programmes created for broadcasting only for the needs of State authorities or legal persons, where the content of the programme relates to their activities and the transmission equipment is owned by them.

 

S. 3. (1) Radio and television activities shall be carried on by radio and television broadcasters.

(2) Radio and television broadcasters shall be legal persons holding licenses for radio and television activities.

(3) Radio and television broadcasters may also be telecommunications operators within the meaning of the Law on Telecommunications.

 

S. 4. Radio and television broadcasters shall be public and commercial.

 

S. 5. Commercial radio and television broadcasters shall be commercial companies holding licenses for radio and television activities and working mainly with the object to distribute profits among their owners.

 

S. 6. (1) The public radio and television broadcasters shall be legal persons holding licenses for radio and television activities which shall be formed with the main object to contribute to the realisation of the right of information proclaimed by the Constitution.

(2) The public radio and television broadcasters may be governed by either public or private law.

(3) Public radio and television broadcasters shall:

1. provide for broadcasting political, cultural, scientific, educational and any other information relevant for the society;

2. guarantee access to the national and world cultural values and popularisation of the scientific and technical achievements through the broadcasting of Bulgarian and foreign educational and cultural programmes for people of all ages;

3. ensure, through their broadcasting policy, the protection of the national and spiritual values of the Bulgarian people, of national science, of education and of culture;

4. promote the production and performance of works by Bulgarian authors.

 

S. 7. The Bulgarian National Radio (BNR) and the Bulgarian National Television (BNT) shall be a national public radio broadcaster and television broadcaster, respectively, which shall:

1. ensure programmes for all Bulgarian nationals;

2. assist the development and popularisation of Bulgarian culture and of the Bulgarian language;

3. actively contribute through their programmes to the access of citizens to the diverse national and European cultural heritage;

4. create programmes not connected with political, economic, religious, ethnic and other interests;

5. include in their programmes broadcasts which inform, educate or entertain;

6. apply the new information technologies, especially in programmes of a cultural, educational and specialised nature;

7. reflect the different ideas and convictions in the society in order to contribute to the mutual understanding and tolerance in the relations among people;

8. provide citizens with an opportunity to get acquainted with the official position of the State on important issues relating to social life.

 

S. 8. (1) This law shall guarantee the independence of radio and television broadcasters and of their activities of any political and economic intervention.

(2) The National Radio and Television Council, in its capacity as a specialised independent body, shall exercise supervision only in the cases laid down in this law.

 

S. 9. (1) The production of radio and television programmes in the Republic of Bulgaria shall be free.

(2) Censorship of the programmes in any form whatsoever shall not be allowed.

 

S. 10. While carrying on their activities, radio and television broadcasters shall be guided by the following principles:

1. guaranteeing the right to freedom of expression;

2. guaranteeing the right of information;

3. preservation of the secret of the source of information;

4. protection of citizens' personal inviolability;

5. non-admission of broadcasts inciting to intolerance among citizens;

6. non-admission of broadcasts praising or excusing cruelty or violence;

7. guaranteeing the right of reply;

8. guaranteeing copyright and related rights in broadcasts and programmes;

9. preservation of the purity of the Bulgarian language;

 

S. 11. (1) Any opinion may be expressed freely in radio and television broadcasts.

(2) The right to freedom of expression in radio and television broadcasts may only be restricted in cases explicitly provided for in:

1. a law;

2. the rules of radio and television broadcasters;

3. the contracts of employment of journalists.

(3) Public criticism of the broadcasting policy of radio and television broadcasters on the part of those working therewith shall not constitute disloyalty towards the employer, unless otherwise provided in the contract.

(4) Journalists who have entered into contracts with radio and television broadcasters shall have the right to refuse to obey an order where the latter is not connected with implementing the provisions of this law or of the respective contracts and where it is contrary to their personal convictions.

 

S. 12. (1) Radio and television broadcasters shall have the right to receive the information they need from the State authorities, provided that it does not contain any secret prescribed by a law.

(2) Radio and television broadcasters shall not use in an inaccurate or biased manner the information obtained in accordance with subsection 1.

(3) Radio and television broadcasters shall provide information about their activities, unless it constitutes a secret prescribed by a law.

(4) A radio or television broadcaster holding an exclusive right over a major event shall be obliged to ensure access to other radio and television broadcasters in view of its coverage.

 

S. 13. (1) Radio and television broadcasters shall record the programmes and broadcasts they provide for broadcasting and keep the recordings for 3 months, in the case of the Bulgarian National Radio and the Bulgarian National television, and 1 month, in the case of others, as from the date of the broadcast.

(2) In case that, within the time-limits referred to in subsection 1, a request is made for reply or an action is brought against the radio or television broadcaster in relation to the content of a broadcast or programme, the recordings shall be kept until the closure of the case.

(3) A person claiming that he or she has been affected by a broadcast, shall have the right to have access to the respective archive and may request the corresponding radio and television broadcaster to provide him with copies of the recording of the broadcast at his own expenses.

(4) Officials authorised to exercise control for compliance with the provisions of this law are entitled to have access to materials in relation to the check conducted by them.

 

S. 14. (1) Journalists who have entered into a contract with a radio or television broadcaster shall have the right to keep in secret the source of their information, while expressly indicating that.

(2) Radio and television broadcasters shall have the right to include in broadcasts information from a unknown sources, while expressly indicating that.

(3) Journalists shall keep in secret the source of information where that has been expressly requested by the person who provided the information.

 

S. 15. (1) Radio and television broadcasters may not create and provide broadcasts which contain information relating to citizens' private life in a way prejudicing their honour and dignity, without their consent, notwithstanding the truthfulness of such information.

(2) Radio and television broadcasters may insert in their broadcasts information about the private life of citizens exercising the powers of State authorities, or of citizens whose decisions affect the whole society, where that information is of public interest.

(3) In cases of offences under subsections 1 and 2 above the radio and television broadcasters shall owe a public apology to the person concerned. This shall not deprive that person of the right to seek remedy before a court.

(4) The restrictions under subsections 1 and 2 shall not apply where there is a verdict or judgement that has come into effect, which expressly orders the announcement of a certain piece of information.

 

S. 16. (1) Radio and television broadcasters shall be liable for the content of the programmes they provide for broadcasting.

(2) Radio and television broadcasters shall be obliged not to allow the development, production or provision of broadcasts inciting to national, political, ethnic, religious, racial, sexual or any other intolerance, praising or excusing cruelty or violence.

(3) The radio and television broadcasters shall not be liable for data announced or for their content where those:

1. have been received in accordance with an official procedure;

2. constitute quotations from official documents;

3. accurately reproduce public statements;

4. are based on materials obtained from information agencies or from other radio and television broadcasters.

(4) Texts in quoted documents may not be modified.

(5) News as facts of information must be distinguished from the accompanying commentaries.

(6) Where a broadcast of another radio or television organisation has been used as part of the programme, that must be indicated.

 

S. 17. (1) Persons, State and municipal authorities affected by a radio or television broadcast shall enjoy the right of reply.

(2) Within 7 days as from the day of the broadcast the persons under subsection 1 shall have the right to request in writing from the corresponding radio or television broadcaster that their reply be provided for broadcasting. The request must indicate the challenged statements, as well as the date and time of the broadcast.

(3) The radio or television broadcaster shall ensure that the reply be included in the next emission of the same broadcast or at an equivalent time during a period of 24 hours after the reply is received, while not allowing any modification or reduction of the text.

(4) The provision of a reply for broadcasting shall be free of charge.

(5) The duration of a reply may not exceed the duration of the challenged part of the broadcast.

 

S. 18. Radio and television broadcasters shall only broadcast programmes for which copyright and related rights have been arranged for in advance.

 

Chapter Two

NATIONAL RADIO AND TELEVISION COUNCIL

Division One

General Conditions

S. 19. (1) The National Radio and Television Council (NRTC) shall be an independent specialised collegiate body which shall protect the freedom of speech and the independence of radio and television broadcasters, as well as the interests of viewers and listeners.

(2) In its activities, the National Radio and Television Council shall take into account the interests of society and shall act as its representative vis-a-vis the public broadcasters.

 

S. 20. The National Radio and Television Council shall be a legal person having its seat in Sofia.

 

S. 21. The NRTC shall be assisted in its activities by administrative and technical services, the structure and staff of which it shall determine autonomously depending on the funding envisaged for the corresponding year.

 

S. 22. The National Radio and Television Council shall adopt Rules for its organisation and procedure.

 

S. 23. The National Radio and Television Council shall be financed through the Radio and Television Fund.

 

Division Two

Composition of NRTC

S. 24. (1) The National Radio and Television Council shall be composed of 7 (seven) members, of which four shall be elected by the National Assembly and three shall be appointed by the President of the Republic.

(2) The decision of the National Assembly and the decree of the President under subsection 1 must come into effect simultaneously.

 

S. 25. May be a member of NRTC a person having Bulgarian nationality who resides on the territory of the country, has a degree of higher education and professional experience in the field of radio and television activities, journalism, audio-visual, telecommunications, law or economy.

 

S. 26. May not be members of NRTC persons who:

1. have been sentenced to imprisonment for intentional crimes prosecuted on indictment;

2. are sole traders, owners, partners, managers, representatives or members of governing and supervisory bodies of commercial companies and co-operatives;

3. have worked as employed or supernumerary collaborators to the former State security.

 

S. 27. (1) During their term of office the members of NRTC may not:

1. engage in any other gainful employment, except as professors having academic ranks at higher schools or scientific organisations;

1. take up elective positions at State and municipal authorities, in the governing bodies of political parties and coalitions, and in trade unions;

2. be members of governing, controlling or supervisory bodies of commercial companies and co-operatives;

3. acquire stakes or shares in radio or television broadcasters and advertising agencies;

4. be members of governing, controlling or supervisory bodies of non-profit organisations which have been granted licenses for a radio or television broadcaster;

5. receive, in any form whatsoever, remuneration from a radio or television broadcaster, except in accordance with the legislation on intellectual property.

(2) The employers having a relation of employment with a person who becomes member of NRTC shall grant that person an unpaid leave for the duration of his or her term of office. After the expiration or termination of the term of office they shall reinstate the person in his former position, if he or she so desires.

 

S. 28. Before they take office, the members of NRTC shall sign declarations whereby they shall confirm that they satisfy the requirements under this law.

 

S. 29. (1) The members of NRTC shall be elected or appointed for a term of 3 years.

(2) A person may not be member of NRTC for more than 2 terms.

 

S. 30. (1) The term of office of a member of NRTC shall be terminated earlier in case of discharging of the person or death.

(2) The discharging of a member of NRTC shall be effected by a decision:

1. in case of a written application filed with the chairman of NRTC;

2. in case of a lasting factual inability of the person to perform his or her duties for more than 6 months;

3. where incompatibility with the requirements of this law is established.

(3) In case of an earlier termination of the term of office of a member of NRTC, within 1 month as from the date of death or of the decision under subsection 2 the corresponding body shall elect or appoint a new member for the remainder of the respective term of office.

(4) The procedure for determining new members of NRTC shall be launched not later than 1 month before the expiry of the term of office of NRTC.

(5) In case of appeal against a decision for an earlier discharging, the member discharged shall perform his or her duties until the judgement of the court comes into effect.

 

S. 31. (1) At their first meeting the members of NRTC shall elect from among themselves a chairman and a secretary until the end of the respective term of office.

(2) The chairman shall:

1. represent NRTC;

2. convene the meetings of NRTC and chair them;

3. sign the acts of NRTC adopted in implementation of this law;

4. maintain the links of NRTC with State authorities and with radio and television broadcasters, as well as with international organisations in the field of radio and television activities.

(3) The secretary shall:

1. manage the work of the administrative and technical services;

2. prepare the meetings of NRTC;

3. see to it that the acts adopted be observed and the decisions of NRTC be implemented.

(4) The chairman and the secretary may file applications for an earlier discharging as such. In such a case NRTC shall make a decision for an earlier discharging without voting.

(5) On a proposal from any of its members the National Radio and Television Council may make a decision for an earlier termination of the term of office of the chairman and of the secretary of NRTC due to non-performance of their duties.

  1. The decisions under subsections 4 and 5 shall set the date for the next meeting at which a new election shall take place.

 

 

 

Division Three

Powers of NRTC

S. 32. (1) The National Radio and Television Council shall:

1. discuss the national policy in the field of radio and television activities and make proposals before the National Assembly and the Council of Ministers as to the guidelines for its development;

2. supervise the activities of radio and television broadcasters in view of their compliance with this law;

3. elect and discharge the managing directors of BNR and BNT;

4. approve, on a proposal from the managing directors, the members of BNR and BNT;

5. give opinions during the drafting of legal instruments and in case of concluding inter-State agreements relating to radio and television;

6. give an opinion on the draft State budget in its part concerning radio and television;

7. guarantee the freedom of professional self-regulation in the field of radio and television;

8. organise the polling of public opinion on the activities of radio and television broadcasters and their programmes;

9. give an opinion on the modification of the amount of the fees for the use of radio and television services;

10. give an opinion modification of the amount of fees for the grant of licenses for radio and television broadcasting;

11. make proposals for issuing and withdrawing licenses of radio and television broadcasters;

12. refer to the competent authorities the violations of legal instruments in the course of carrying out radio and television activities;

13. adopt rules for its organisation and activities;

14. determine the composition of the Managing Board of the Radio and Television Fund, adopt rules for the organisation and activities of the Fund and of the Managing Board, and appoint the Fund's executive director;

15. make other decisions while exercising its powers under this law.

(2) While exercising its powers NRTC shall adopt rules, decisions and declarations and shall give opinions in the cases laid down in the law.

 

S. 33. The National Radio and Television Council shall supervise the activities of the radio and television broadcasters only in respect of:

1. compliance with the principle enshrined in s. 10;

2. compliance with the requirements of s. 6, subsection 3 and s. 7;

3. the coverage of elections for State authorities and for local self-government authorities;

4. compliance with the requirements relating to advertising in the broadcasts of radio and television broadcasters;

5. compliance with the norms relating to charitable activities and sponsorship;

6. the preservation of secrets in the radio and television activities, as laid down in the law;

7. compliance with the requirements for specialised broadcasts aimed at children and adolescents;

8. information on the decisions of courts and other State authorities in the cases laid down in the law;

9. the protection of consumer rights;

10. the technical quality of broadcasts and programmes;

11. compliance with the restrictions laid down in a law.

 

Division Four

Meetings

S. 34. (1) The meetings of the National Radio and Television Council shall be convened by the chairman on his own initiative or at the request of at least one third of the members of NRTC, as well as by one third of its members, where the chairman refuses to convene it.

(2) The invitation for the meeting shall contain the latter's draft agenda.

 

S. 35. The National Radio and Television Council shall hold meetings which shall be regular if attended by such number of members that are necessary to make a decision in accordance with the agenda.

 

S. 36. While making their decisions, members of NRTC shall be guided by the principles of:

1. collegiate action;

2. publicity and transparency;

3. independence in the discussions and the decision-making;

4. co-operation with the State authorities, the radio and television broadcasters and non-governmental organisations carrying on activities in the field of radio and television or the protection of copyright and related rights;

5. protection of the interests of viewers and listeners.

 

S. 37. (1) The National Radio and Television Council shall make decisions by a simple majority of its members.

(2) The decisions under s. 31, subsections 1 and 5, and s. 32, subsection 1, item 3 shall be made by a majority of two thirds of all members.

(3) Where a decision under subsection 2 is not made within one month, it shall be made by a simple majority.

 

S. 38. The decisions of NRTC under s. 30, subsection 2, items 2 and 3, s. 31, subsection 5, and s. 32, subsection 1, items 3 and 4 and the decisions containing proposals for the grant and withdrawal of licenses shall be subject to appeal before the Supreme Administrative Court.

 

S. 39. The National Radio and Television Council shall circulate an Information Newsletter where the decisions made shall be published.

 

Division Five

Remuneration

S. 40. (1) Throughout the term during which they perform their functions, members of NRTC shall receive a monthly remuneration amounting to 3 average monthly salaries of employees in the economy, according to the data of the National Statistical Institute.

(2) The remuneration of the chairman shall be 30 per cent higher, and the of the secretary - 20 per cent higher than the remuneration under subsection 1.

(3) The basic monthly remuneration shall be recalculated quarterly on the basis of the average monthly salary for the last month of the previous quarter.

 

Chapter Three

BULGARIAN NATIONAL RADIO AND

BULGARIAN NATIONAL TELEVISION

Division One

General Provisions

S. 41. The Bulgarian National Radio and the Bulgarian National Television shall be a national public radio broadcaster and television broadcaster, respectively.

 

S. 42. The Bulgarian National Radio and the Bulgarian National Television shall be legal persons having their seats in Sofia.

 

S. 43. The Bulgarian National Radio and the Bulgarian National Television shall develop, produce and provide for broadcasting radio and television programmes and additional information, including teletext and video-text.

 

S. 44. (1) The broadcasting of radio and television programmes of BNR and BNT shall be effected through their own telecommunications means or on the basis of a contract with a licensed telecommunications operator.

(2) The State shall implement the licensing policy in the field of telecommunications in view of guaranteeing the broadcasting of the programmes of BNT and BNR throughout the territory of the country.

 

S. 45. (1) The Bulgarian National Radio and the Bulgarian National Television shall implement and offer new television services.

(2) The Bulgarian National Radio and the Bulgarian National Television shall create conditions for the development and implementation of digital technologies in the radio and television activities.

 

S. 46. (1) The Bulgarian National Radio and the Bulgarian National Television shall have the right to enter into contracts for the purchase of ready audio-visual works.

(2) The Bulgarian National Radio and the Bulgarian National Television may enter into contracts with other radio and television broadcasters for the supply, retransmission or exchange of programmes.

 

S. 47. (1) The Bulgarian National Radio and the Bulgarian National Television shall have the right to be the producers of their programmes and broadcasts or to assign their production to external producers.

(2) Only the Bulgarian National Radio and the Bulgarian National Television may be producers of news, economic and political broadcasts.

(3) The production of audio-visual works by external producers shall be effected by means of a contest and making a contract with the Bulgarian National Radio and the Bulgarian National Television.

(4) The duration of all broadcasts created by external producers may not be less that 10 per cent of the total annual time of BNR and BNT. The time appointed to news and sports broadcasts, radio and television games, advertising and teleshopping shall be excluded.

(5) The principles governing the relations and the procedure for conducting the contest and for making the contract an external producer shall be laid down in a regulation.

 

S. 48. (1) The Bulgarian National Radio and the Bulgarian National Television shall have the right to broadcast free of charge reports of duration up to 3 minutes from events the exclusive right for the coverage of which is held by another radio or television broadcaster.

  1. The Bulgarian National Radio and the Bulgarian National Television shall have the right to include in their news, free of charge, information of a duration of up to 1 minute for events the exclusive right for the coverage of which is held by another radio or television broadcaster, while mandatorily identifying the source of information.

 

 

Division Two

Programmes of BNR and BNT

S. 49. (1) The Bulgarian National Radio and the Bulgarian National Television shall develop and produce national and regional programmes.

(2) The national programmes of BNR and BNT shall be broadcast in the official language in accordance with the Constitution of the Republic of Bulgaria.

(3) The regional programmes shall cover events of local importance. They shall be developed and produced by local radio and television centres and shall be intended for the population in the corresponding regions.

(4) The regional programme schemes and the participation of the radio and television centres in the development and production of the national radio and television programmes shall be approved by the managing boards of BNR and BNT.

(5) The Bulgarian National Radio and the Bulgarian National Television may also develop programmes intended for abroad, including for Bulgarians abroad.

 

S. 50. The Bulgarian National Radio and the Bulgarian National Television shall develop their broadcasting policy in accordance with the requirements laid down for national public broadcasters in the field of radio and television activities.

 

S. 51. At least 50 per cent of the total annual transmission time, excluding news and sports broadcasts, radio and television games, advertising and teleshopping, must be reserved for European and Bulgarian audio-visual production.

 

S. 52. The Bulgarian National Radio and the Bulgarian National Television shall provide upon request, forthwith and free of charge, transmission time for official announcements by representatives of State authorities in case of a disaster or imminent threat to the security and the health of the population.

 

S. 53. (1) Shall have the right to address the audience on BNR and BNT the President of the Republic, the Chairman of the National Assembly, the Prime Minister, the Prosecutor General and the presidents of the Constitutional Court, the Supreme Administrative Court and the Supreme Court of Appeal.

(2) By a decision of the National Assembly BNT and BNR shall forthwith provide transmission time for direct broadcasting of the plenary sittings.

(3) The provision of transmission time under subsections 1 and 2 shall be free of charge.

 

S. 54. (1) At the request of the Bulgarian Orthodox Church BNR and BNT shall provided it with transmission time for addresses and for the broadcasting of important religious ceremonies.

(2) Other officially registered denominations may request to be provided with transmission time for addresses to the believers in connection with their holy days.

(3) The conditions and the procedure for the provision of transmission time under subsections 1 and 2 shall be laid down in the Rules for the organisation and activities of BNR and BNT.

 

S. 55. The conditions and the procedure for participation in pre-election campaigns through BNR and BNT shall be laid down in a law.

 

S. 56. The Bulgarian National Radio and the Bulgarian National Television shall draft rules for their advertising activities. Those shall also apply to the regional programmes.

 

Division Three

Management of BNR and BNT

S. 57. (1) The governing bodies of BNR shall be:

1. managing board of BNR;

2. managing director of BNR.

(2) The governing bodies of BNT shall be:

1. managing board of BNT;

2. managing director of BNT;

 

S. 58. (1) The managing directors of BNR and BNT and the members of the managing boards shall carry out their activities in accordance with the Labour Code.

(2) The decision of NRTC for the election of a managing director and for approval of a managing board shall lay down the main elements of their employment relationship.

(3) The managing director may enter into additional agreements with the members of the managing board in relation to the exercising of their rights under the Labour Code.

 

S. 59. (1) An employer who has an employment relationship with a person under s. 57 shall grant that person a non-paid leave for the duration of the corresponding term of office. After the expiry or the termination of the term of office the employer shall reinstate the person in his former position.

(2) The persons under s. 57 who, at the moment of election or approval of the NRTC, have employment relationships with another employer, shall have the right to terminate it under the conditions of s. 325, item 8 of the Labour Code.

(3) The persons under s. 57 who, at the moment of election or approval of NRTC, have employment relationships with higher schools or scientific organisations as professors having academic ranks, shall have the right to continue their teaching or scientific activities during their term of office.

 

S. 60. (1) The managing boards of BNR and BNT shall consist of five members each who shall be approved by NRTC on a proposal from the corresponding managing directors.

(2) The managing boards of BNR and BNT shall include the corresponding managing director who shall be chairman of the board ex lege.

 

S. 61. (1) May be members of the managing boards of BNR and BNT persons who reside on the territory of the Republic of Bulgaria, have higher education and professional experience in the field of radio and television activities, journalism, audio-visual, telecommunications, law or economics.

(2) May not be members of the managing board of BNR or BNT, respectively, persons who:

1. have been convicted for intentional crimes prosecuted on indictment;

2. are sole traders, owners, members, managers, representatives or members of governing and controlling bodies of commercial companies and co-operatives;

3. have been employed or supernumerary collaborators of the former State security.

 

S. 62. (1) The term of office of the managing boards of BNR and BNT shall be 3 years.

(2) A person may be elected a member of the managing board of BNR or the managing board of BNT for not more than two terms of office.

(3) A person may not be simultaneously member of the managing boards of BNR and BNT, or be member of one of those boards and of NRTC.

 

S. 63. (1) The term of office of a member of a managing board shall be terminated earlier by NRTC on a proposal from the corresponding managing director on the grounds for an earlier termination of the term of office of members of NRTC.

(2) In case of appeal against a decision for an earlier discharging of the member discharged shall perform his duties until the judgement of the court comes into effect.

 

S. 64. The managing board of BNR and the managing board of BNT, respectively, shall:

1. determine the guidelines for development;

2. adopt rules for the organisation and activities, the salaries, the disbursement of extra-budgetary funds, editorial activities, advertising, contests and contracts with external producers;

3. make decisions to set up expert and advisory boards and lay down the procedure for their activities;

4. adopt the structure and the staff schedule of the employees, the conditions and the procedure for entering into contracts with supernumerary assistants and journalists;

5. adopt the draft budget and propose, via NRTC, its inclusion in the Draft Law on the State Budget;

6. allocate the budget;

7. make, on a proposal from the managing directors, a decision on the opening and closing of regional centres and determine their structure and management;

8. determine professional requirements towards the categories of people involved in radio and television activities;

9. approve the job descriptions of employees;

10. approve all contracts for advertising and sponsorship, as well as all other contracts of a value exceeding that stated in the rules for the organisation and activities;

11. approve the making and termination of the employment contracts of officials at managerial positions at BNR or BNT, respectively, and their subdivisions, in accordance with a list of positions contained in the rules on their organisation and activities;

12. decide on other matters within its competence.

 

S. 65. (1) The meetings of the managing boards of BNR and BNT shall be convened by the managing director on his own initiative or at the request of at least two members of the board, as well as by at least two members of the board, where the managing director refuses to convene the meeting.

(2) The invitation for the meeting shall contain the latter's draft agenda.

(3) The meetings shall be regular where they are attended by a number of members sufficient to make decisions in accordance with the agenda announced in advance.

 

S. 66. The managing boards of BNR and BNT shall make decisions by a simple majority of all members.

 

S. 67. Throughout their term of office, the members of the managing boards shall receive from BNR or BNT, respectively, monthly remuneration amounting to three quarters of the monthly remuneration of the members of NRTC.

 

S. 68. (1) Only persons satisfying the requirements for members of NRTC shall be elected managing directors of BNR or BNT, respectively.

(2) The managing directors of BNR or BNT, respectively, may be elected in the same position for not more than two terms of office.

 

S. 69. The term of office of the general director of BNR or BNT, respectively, shall be terminated earlier:

1. on the grounds for an earlier termination of the term of office of a member of NRTC;

2. where it is established that he or she has committed or allowed the committing by other persons of grave or systematic violations of the provisions concerning the principles for the activities of radio and television broadcasters.

 

S. 70. The managing director of BNR or BNT, respectively, shall:

1. implement the broadcasting policy;

2. manage operatively BNR or BNT, respectively, and their property;

3. propose for approval by NRTC the members of the managing board and make proposals to NRTC for the earlier termination of their term of office;

4. convene and chair the meetings of the managing board;

5. make and terminate the employment contracts with the employees,

6. exercise the rights of an employer under the Labour Code;

7. represent BNR or BNT, respectively, before any natural and legal persons within and without the country.

 

S. 71. The managing directors of BNR and BNT shall receive a monthly remuneration amounting to the remuneration of a chairman of permanent committee at the National Assembly.

 

Division Four

Financing of BNR and BNT

S. 72. (1) The Bulgarian National Radio and the Bulgarian National Television shall draft, execute, close and account for an autonomous budget.

(2) The managing boards of BNR and BNT may, within the framework of the total budget, approve of budgets of the regional radio and television centres.

(3) Shall be collected as incomes into the budget of BNR and BNT:

1. a transfer from the Radio and Television Fund;

2. a subsidy from the State budget;

3. own incomes from advertising and sponsorship;

4. revenues from additional activities relating to radio and television activities;

5. donations and wills;

6. interests and other incomes relating to radio and television activities.

 

S. 73. The Bulgarian National Radio and Television shall assist the production of national audio-visual production, while reserving for new production, as follows:

1. the Bulgarian National Radio shall reserve for Bulgarian musical and radio-dramatic works not less than 5 per cent of the funds on the income side of its budget;

2. the Bulgarian National television shall reserve for Bulgarian televised works not less than 10 per cent of the funds on the income side of its budget.

 

Chapter Four

ADVERTISING, TELESHOPPING AND SPONSORSHIP

Division One

General Provisions

S. 74. (1) Radio and television broadcasters shall have the right to create and include advertising in their programmes.

(2) Separate programmes and broadcasts of radio and television broadcasters may be sponsored.

(3) Advertising and sponsorship shall be effected by the radio and television broadcasters according to the conditions laid down in this law.

 

S. 75. Advertising and sponsorship shall be arranged for by written contracts between the radio and television broadcasters and the advertiser or the sponsor.

 

S. 76. The rules on advertising shall also apply to teleshopping, unless otherwise provided in this law.

 

Division Two

Advertising

S. 77. (1) Advertising should take into account the requirements for fair competition in according to the legislation in force.

(2) Advertisements may not incite to behaviour prejudicial to the health or personal security of citizens, or to behaviour prejudicial to the environment.

 

S. 78. (1) It shall not be allowed to broadcast advertisements containing pornography or inciting to violence and behaviour which violates the public order and the generally accepted moral norms.

(2) It shall not be allowed to broadcast advertisements based on national, ethnic, religious, racial, sex or other discrimination.

(3) Advertisements addressed to children or with the participation of children should avoid everything that could adversely affect their physical, mental and moral development.

 

S. 79. (1) Advertisements using subliminal techniques shall be prohibited.

(2) Surreptitious advertisements shall be prohibited.

 

S. 80. (1) The use of virtual advertising must be clearly identified for the audience.

(2) Virtual advertisements during the broadcasting of major events must not change the real image or deteriorate its perception.

 

S. 81. The advertising agency shall be obliged not to influence the contents of the programmes.

 

S. 82. The advertisements cannot make use of the State coat of arms, the anthem of the Republic of Bulgaria, persons holding elective positions in the State authorities, or the voices and images of journalists working for the broadcasters and regularly presenting news, political and economic broadcasts.

 

S. 83. (1) Advertisements for goods and services for the production of or trade in which a special permission is required may only be included in the programmes of radio and television broadcasters after the advertiser has submitted the permission required.

(2) Direct advertisements for smoking shall be prohibited.

(3) Any advertisement for alcoholic beverages of all kinds must take into account the following requirements:

1. it cannot be addressed to minors or be shown in broadcasts for them;

2. minors cannot be used as performing artists therein;

3. in the content of an advertisement the consumption of alcohol must not be connected with sports success or driving;

4. it must not claim that alcoholic beverages have therapeutic qualities, or a stimulating or sedative effect, or they resolve personal problems;

5. it must not encourage the excessive consumption of alcoholic beverages;

6. it must not suggest that the consumption of alcohol contributes to social or sexual success;

7. it must not create the impression that high alcoholic content contributes to the positive qualities of alcoholic beverages.

(4) Advertisements for narcotic drugs and other psychotropic substances shall not be allowed.

(5) Advertisements for medicinal products and for medical treatment shall only be included in the programme if they are compatible with the existing legislation. Advertisements for medicinal drugs and for medical treatment which is only available on prescription shall not be allowed.

(6) Advertising for other goods and services may be prohibited by a law.

 

S. 84. Shall not be considered advertisements for the purpose of this law the announcements of radio and television broadcasters themselves relating to their own programmes or to the additional services offered by them, as well as the public announcements and appeals for charitable purposes which shall be inserted in the programmes free of charge.

 

S. 85. Radio and television broadcasters shall not be liable for the truthfulness of the advertisements broadcast.

 

S. 86. (1) An advertisement must be clearly recognisable as such and shall be kept separate from the other parts of the programme through optical or acoustic means.

(2) Advertisements shall be inserted in the programmes in the form of advertisement blocks. By way of exception separate advertisements may also be inserted in the programmes.

(3) Advertisements shall be inserted in the programme between the autonomous broadcasts. By way of exception they may also be inserted in the broadcast itself provided that the latter's integrity and quality are not disrupted and that copyright is guaranteed.

(4) In broadcasts consisting of autonomous parts or intervals, advertisements may be inserted between those parts or intervals.

 

S. 87. (1) Advertisements shall not be allowed during religious masses and national celebrations. News, political and economic commentaries and analyses, documentaries and children broadcasts shall not be interrupted for advertising.

 

S. 88. Entertainment broadcasts, as well as feature or films for television, except for series, serials, documentaries, may only be interrupted once for each period of 45 minutes provided that the duration of the broadcast or the film exceeds 45 minutes. A further interruption shall be allowed every 20 minutes after the elapsing of two complete periods of 45 minutes each.

 

S. 89. Paid reports shall not be allowed in news and in political broadcasts.

 

S. 90. (1) The total duration of advertisements may not exceed:

1. for BNT - 15 minutes over a period of 24 hours and 4 minutes per hour;

2. for BNR - 6 minute per hour;

3. for the other public broadcasters - 6 minutes per hour.

(2) The restriction under subsection 1, item 1 shall not apply to the programmes of BNR and BNT centres outside Sofia which are intended for regional development.

 

S. 91. (1) Informational advertising films, interviews and announcements for advertising purposes shall be included in the general advertising time.

(2) In the presentation of advertisements under subsection 1 the participation shall be allowed of journalists who regularly present news, political and economic broadcasts.

 

S. 92. (1) The restriction on the duration of advertising shall not apply to teleshopping spots and specialised teleshopping broadcasts.

(2) The total number of teleshopping spots may not exceed than 8 over a period of 24 hours and their total duration may not exceed 3 hours over a period of 24 hours.

(3) Each teleshopping spot must have a minimum duration of 15 minutes.

(4) The restrictions under subsection 2 shall not apply to specialised teleshopping channels.

 

Division Three

Sponsorship

S. 93. The autonomous broadcasts of broadcasters may be sponsored in whole or in part.

 

S. 94. (1) Political parties and organisations, as well as religious organisations may not be sponsors of broadcasts.

(2) May not be sponsors of broadcasts persons whose principal activities consist in the production of goods and services advertising for which is prohibited.

(3) Political and economic broadcasts which contain analyses and commentaries or the subject matter of which is similar to the principal nature of business of the sponsor may not be sponsored.

(4) News may not be sponsored, except for sports news where they are separated from the other parts of the programme through optical or acoustic means, or as an autonomous broadcast.

 

S. 95. The sponsor may not influence the content and the presentation of the sponsored broadcast.

 

S. 96. (1) Sponsored broadcasts may not invite to the sale, purchase or use of goods and services of the sponsor or of a third person, especially through the mentioning of those goods and services in the broadcasts.

(2) The name of the sponsor shall be mandatorily mentioned, represented or identified in another manner at the beginning and at the end of the sponsored broadcast.

(3) The mentioning or presentation of the sponsor during the broadcast itself shall be subject to the requirements for advertising.

 

Chapter Five

FINANCING OF RADIO AND TELEVISION ACTIVITIES

Division One

Fees

S. 97. (1) For the reception of radio and television programmes a monthly fee shall be payable on the basis of each registered electric meter, regardless of the number of radio and TV sets owned.

(2) No fee shall be paid in case of a registered three-phase current electric meter.

 

S. 98. (1) Citizens shall pay a fee under s. 97 amounting to 0.6 per cent of the minimum wage for the country according to data from the National Statistical Office for each registered electric meter.

(2) Legal and natural persons carrying on commercial activities, as well as State and municipal organisations shall pay a monthly fee amounting to 2.5 per cent of the minimum wage for the country according to data from the National Statistical Institute for each registered electric meter.

 

S. 99. The fee under s. 98 shall be payable together with the sums due for electric power according to the applicable procedure, at the cash desks of electricity supply enterprises of the National Electric Company EAD.

 

Division Two

Radio and Television Fund

S. 100. (1) A Radio and Television Fund is hereby set up with NRTC in order to finance radio and television activities.

 

S. 101. (1) The Radio and Television Fund shall be managed by a managing board the composition of which shall be determined by NRTC.

(2) The managing board shall mandatorily include a representative of the Ministry of Finance, a representative of the authority implementing the State policy in the field of telecommunications, a representative of the public radio and television broadcasters and a representative of the commercial radio and television broadcasters.

(3) The National Radio and Television Council shall adopt rules on the organisation and activities of the Radio and Television Fund and of its managing board.

 

S. 102. The managing board shall elect a chairman from among its members.

 

S. 103. (1) The National Radio and Television Council shall appoint an executive director of the Radio and Television Fund who shall manage the Fund's operational work.

(2) The executive director may not be a member of the managing board.

 

S. 104. The sums in the Radio and Television Fund shall be raised from:

1. collected monthly fees for reception of radio and television programmes;

2. twenty per cent of the initial license fees collected by the State Telecommunications Commission (STC) from broadcasters holding individual licenses within the meaning of the Law on Telecommunications, except for the fees collected from persons who have been granted a concession under s. ... of the Law on Telecommunications, and from persons who have built up separate networks for their own needs;

3. fifty per cent of the collected annual fees for controlling the fulfilment of the licenses;

4. interests on the sums raised in the Fund;

5. donations and wills.

 

S. 105. (1) The sums from the Radio and Television Fund shall be disbursed for:

1. financing of BNR and BNT;

2. financing of NRTC;

3. financing of projects of nation-wide importance, connected with the implementation and use of new technologies in the radio and television activities;

4. financing of cultural and educational projects of nation-wide importance;

5. financing of projects and activities intended to ensure further broadcasting of radio and television programmes to a population and/or territory located outside the scope of the existing telecommunications network;

6. the Fund's management;

7. resources for the National Electric Company EAD in connection with the collection of the fees under s. 97.

(2) The National Radio and Television Council shall open an extra-budgetary account with the Bulgarian National Bank where it shall keep the sums of the Radio and Television Fund.

 

S. 106. The surplus of the sums from incomes over the expenditure at year-end shall be a transitional balance and shall be disbursed during the next year according to its intended use.

 

CHAPTER SIX

LICENSING OF RADIO AND TELEVISION BROADCASTERS

Division One

General Provisions

S. 107. (1) Licenses for radio and television activities shall be granted after conducting a contest on the basis of participation.

(2) May apply for licenses only legal persons within the meaning of Bulgarian legislation;

(30 Shall be licensed without contest, provided that they satisfy the conditions laid down:

1. the Bulgarian National Radio;

2. the Bulgarian National Television;

3. persons who have been granted a concession to use the radio-frequency spectrum - upon entering into the concession contract;

4. the sole candidate who has applied for participation in the contest.

 

S. 108. (1) The license shall be personal.

(2) Transfer of the license shall be admitted by the STC by way of exception after a positive opinion of NRTC.

 

S. 109. (1) In case where a person applies simultaneously for a license as a radio or television broadcaster and for a concession and/or license as a telecommunications operator, a separate license shall be granted under this law.

(2) Licensed radio and television broadcasters shall ensure the broadcasting of their programmes in accordance with the requirements and deadlines laid down in the license.

(3) In case of delay in the performance of the obligations under subsection 2, STC may withdraw the license on that ground alone.

 

S. 110. While submitting the documents for the grant of licenses under s. 116 the candidates shall declare that they do not hold stakes, shares or other rights of participation in radio and television broadcasters above the threshold admissible under the anti-trust legislation of the Republic of Bulgaria.

 

S. 111. (1) The licences shall be granted for a period of 10 years.

(2) In cases under s. 3, subsection 3 the time limit of the licenses under this law shall be brought into line with the duration of the concession contract or of the license under the Law on Telecommunications.

 

S. 112. (1) The license for radio and television activities shall contain:

1. name (firm) of and the registered office of the radio broadcaster or the television broadcaster.

2. type (public or private)

3. date on which the license is granted;

4. initial date of broadcasting the programme;

5. scope of broadcasting (national, regional, local);

6. time limit of the license;

7. technical and other requirements to the programmes.

(2) The license shall include obligations to observe the requirements under s. 6, subsection 3 and s. 7, and the principles for carrying on radio and television activities under s. 10.

 

Division Two

Procedure for the grant of license

S. 113. (1) The State Telecommunications Commission shall open a procedure for the grant of a license for radio and television activities:

1. in case where a written proposal is submitted by NRTC;

2. on an application from a party concerned, accompanied with a positive opinion of NRTC for the opening of a licensing procedure.

(2) The submission by a person concerned of a proposal to open a procedure shall not bind the STC to grant a license to that person.

 

S. 114. (1) The State Telecommunications Commission shall open a procedure within two months after receipt of the proposal.

(2) In cases under s. 107, subsection 1 and s. 107, subsection 3, item 4, the STC shall make a decision to announce a contest, while laying down its conditions and approving the contest documentation.

 

S. 115. (1) The decision announcing the contest shall be published in one central daily newspaper and in the newsletter of NRTC.

(2) The notice shall mandatorily include:

1. deadline and procedure for the purchase of the contest documentation, the amount and the way of paying the participation fee;

2. deadline and place for the submission of the documents for participation;

3. date, place and time of the contest.

 

S. 116. (1) The application to participate in the contest must be in writing and the following documents shall be enclosed thereto:

1. an instrument of constitution;

2. a certificate of court registration or documents certifying the formation of the legal person;

3. a proposal as to the means of broadcasting the programmes;

4. a declaration under s. 110;

5. a document for a fee paid to participate in the contest;

6. proofs of the financial ability to carry on the activities;

7. a programme project - programme concept, programme profile, programme scheme, a list of additional radio and television services;

8. proofs as to the commercial rights and copyright of others' programmes;

9. documents relating to other requirements included in the contest.

 

S. 117. (1) An authorised official shall check the regularity of the documents filed under s. 116, subsection 1, items 1, 2, 3, 4, and 5.

(2) Where omissions and drawbacks are established in the documents the candidates shall be given 7 days to remove them and the term shall run as from their notification. Where the omissions and drawbacks have not been removed until the expiration of the time-limit, the documents of the candidate shall not be examined.

 

S. 118. Within 7 days from the receipt of the applications for participation in the contest and of the documents under s. 116, subsection 1 enclosed thereto, the authorised official shall submit them to NRTC for opinion.

 

S. 119. (1) Only members of STC and NRTC shall have access to the documents filed.

(2) The members of STC and NRTC shall keep the secret of the information contained in the documents under s.116, subsection 1 and in the opinion expressed by NRTC.

 

S. 120. Within one month after submission of the documents by all candidates for the contest NRTC shall forward to STC its written summarised opinion on the compliance with the programme requirements by each candidate, together with a draft licensing act.

 

S. 121. The contest shall be planned and conducted in accordance with the Law on Telecommunications after the opinion of NRTC has been received.

 

S. 122. The winner in the contest shall be granted a license within one month as from the announcement of the results.

 

Division Three

Supervision, modification and termination of license

S. 123. (1) Supervision for compliance with this law and for the requirements of the license shall be carried out by the corresponding officials of NRTC.

(2) Where violations are established, NRTC shall discuss, within 1 month, the documents and proofs filed, and to make a proposal to STC in respect of imposing a penalty payment under this law and/or modification or termination of the license.

 

S. 124. (1) Where a change is established in the activities of a licensed radio or television broadcaster, namely a conversion from public to commercial, NRTC shall make a proposal to terminate the license.

(2) The person under subsection 1 may apply for a license as a commercial radio and television broadcaster.

(3) The person under subsection 1 shall have the right to request that his license be modified where this is necessary to modify the nature of its activities from public into commercial.

(4) In cases under subsection 3 NRTC shall make proposals to STC for modification or termination of the license.

 

S. 125. (1) The license shall be terminated:

1. upon the expiration of its time limit;

2. with its withdrawal;

3. with the winding up of the legal person.

 

S. 126. The license of a radio and television broadcaster shall be withdrawn in case of:

1. grave breaches of the principles governing radio and television activities;

2. systematic violations of the provisions of s. 6, subsection 3, s. 7 and s. 10.

 

S. 127. (1) Withdrawal of the license of a radio and television broadcaster shall be effected by STC in accordance with the Law on Telecommunications.

(2) The decision under subsection 1 shall be subject to appeal within 7 days before the Supreme Administrative Court.

 

S. 128. The legal person must discontinue its radio or television activities upon withdrawal of the license.

 

S. 129. (1) Six months before the expiry of the time limit of the license at the latest a licensee should state his intention for a new license to be granted for the same activities, while complying with the same licensing requirements.

(2) The State Telecommunications Commission shall check the existence of the circumstances for the grant of a license in the cases under subsection 1 and notify the licensee of its opinion within 3 months before the expiry of the time limit of the license.

(3) In cases where STC considers that no grounds exist to grant a new license to the same licensee, a contest in accordance with s. 107 shall be announced.

(4) The licensee may participate in the contest on an equal footing.

 

CHAPTER SEVEN

ADMINISTRATIVE LIABILITY

S. 130. (1) For offences under ss. 11-13, ss. 15-17, s.75, ss. 77-83, s. 86-90, ss. 94-96 and s. 109, subsection 3, radio and television broadcasters shall be liable to a penalty payment amounting to 2 000 000 to 15 000 000 Levs.

(2) In case that the violation is repeated a penalty payment of a double amount shall be imposed.

(3) The administrative liability provisions under the Law on Copyright and Related Rights shall apply to offences under s. 18.

 

S. 131. (1) Offences shall be established by the officials of NRTC.

(2) The penalty writs shall be issued by an official authorised by STC.

(3) The establishing of offences, the issuance of, appeal against and enforcement of penalty writs shall be made in accordance with the Law on Administrative Offences and Penalties.

 

ADDITIONAL PROVISION

§ 1. For the purposes of this law:

1. "Broadcasting" means the initial emission or transmission, regardless of the telecommunications means employed, of a radio or television programme intended for reception by listeners or viewers. It shall also include the exchange (retransmission) of programmes between broadcasters so that they could be received by the audience. It shall not extend to communication services operated on individual demand.

2. "Production" means an act of creativity which includes an author's idea and its audio-visual realisation aimed at producing a broadcast or programme.

3. "Programme" means a system of all elements which is created and transmitted by a broadcaster through a signal at a given frequency and constitutes the carrier of a given content set in a time schedule.

4. "Broadcast" means an autonomous part of a programme which differs from the others in its content, character and authorship.

5. "Systematic" means committing an offence under the same chapter of this law three or more times.

6. "Bulgarian audio-visual works" means works created or realised exclusively or in association by Bulgarian citizens, which are created on the basis of works by Bulgarian citizens. Shall be considered Bulgarian also the works created on the basis of bilateral agreements between Bulgarian and foreign producers provided that the Bulgarian producers have a prevailing contribution to the total costs of the production and that production is managed by one or several Bulgarian producers.

7. "European audio-visual works" means works created exclusively or in association by producers registered in Member States of the European Union or in countries with which the European Union has entered into agreements in the audio-visual sector. The works must be created by citizens of one or more European States. Shall also be considered European those works which are created within the framework of bilateral agreements between European countries and third countries provided that the European co-producers have a prevailing financial contribution to the total costs of the production and that such production is managed by one or more European producers.

8. "Major event" means an event having a social, political, economic, sports or entertaining nature affecting the interests of the prevailing part of the audience.

9. "Exclusive rights" means the right to cover an event, acquired for payment by a single radio or television broadcaster.

10. "Additional information" means specialised information broadcast at the same frequency and through the same technical means as the programme of a given radio- or television broadcaster but which does not constitute an element of the programme.

11. "Teletext" means alphanumeric data containing an information, reference and advertising part and are intended for transmission by a television broadcaster.

12. "Advertisement" means any public announcement included in the programme of a radio or television broadcaster contribute to advancing a cause or idea or to bring about some other effect desired by the advertiser. For that announcement the advertiser has been provided with transmission time in the programme for payment or another similar consideration. That type of public announcement shall not include teleshopping.

a) "surreptitious advertisement" means the representation through audio- or visual means of goods, services or the name, the trademark and the activities of a producer of goods or services in broadcasts which are nit intended for advertising and where such representation might mislead the public.

b) "subliminal techniques in an advertisement" means indirect specific (including technical) methods for advertising which are not indicated as advertisements and are not recognised by the audience, e.g.: utilisation of a twenty-fifth frame, broadcasting of infrasound , etc. Those means shape a subliminal psychical reaction and attitude among the audience towards the goods, services, etc. advertised.

c) "virtual advertising" means advertisements created by means of software or while using virtual images.

13. "Television market" means any direct offer to the public that is broadcast with the purpose of sale or supply of goods and services, including estates, rights and obligations, for payment.

14. "New technologies" means all technical means aimed at improving the ways of creating, broadcasting and reception of radio and television programmes.

15. "Interactivity" means the set of means and methods, including technical ones, for feedback from the audience to the television broadcaster.

16. "Digital technologies" means technologies for the production and broadcasting of radio and television programmes which expand the possibilities for transmission, processing and storing of additional information, as well as the possibilities for a high quality reception.

 

TRANSITIONAL AND FINAL PROVISIONS

§ 2. (1) The National Radio and Television Council shall be a first-rank authorising officer for budget credits, having independent budgets until the year 2006.

(2) The Bulgarian National Radio and the Bulgarian National Television shall be first-rank authorising officers with budget credits, having independent budgets until the year 2006.

(3) The financing of BNT and BNR until 1 January 2003 shall be effected through their budget, without a transfer from the Radio and Television Fund.

(4) Until 1 January 2003, the maintenance of NRTC shall be effected through the State budget.

(5) The financing of BNR, BNT and NRTC shall be carried out, as follows:

1. from 1 January 2003 until 31 December 2003, 50 per cent of the sums needed shall be planned in the State budget and 50 per cent shall be transferred by the Radio and Television Fund;

2. from 1 January 1994 until 31 December 2004, 30 per cent of the sums needed shall be planned in the State budget and 70 per cent shall be transferred from the Radio and Television Fund;

3. from 1 January 1995 until 31 December 2006, 20 per cent of the sums needed shall be planned in the State budget and 80 per cent shall be transferred from the radio and Television Fund;

4. from 1 January 2006 until 31 December 2006, 10 per cent of the sums needed shall be planned in the State budget and 90 per cent shall be transferred from the Radio and Television Fund,

5. as from 1 January 2007 the maintenance of BNT, BNR and NRTC shall be carried out by the Radio and Television Fund.

 

§ 3. (1) Until 1 January 2002 the revenue-controlling powers of the managing board of the Radio and Television Fund shall be exercised by NRTC.

(2) Not later than 3 months before the expiry of the term under subsection 1 NRTC shall determine the members of the managing board of the Radio and Television Fund, appoint an executive director for the Fund and adopt the rules under s. 101, subsection 3.

 

§ 4. (1) Radio and television broadcasters licensed before the entry of this law into force in accordance with the then existing legal instruments, including those whose license has expired, shall be licensed in accordance with s. 129.

(2) Legal persons de facto carrying on radio and television activities shall undertake the necessary steps for licensing under this law in accordance with s. 107 within 3 months as from the entry of this law into force.

(3) The Bulgarian National Radio and the Bulgarian National television shall submit the necessary documents under s. 116 in view of their licensing in accordance with s. 107, subsections 1, 2 and 3 within the time-limit under subsection 2.

 

§ 5. (1) The National Radio and Television Council, the managing boards of BNR and BNT and the managing directors of BNR and BNT elected while the previous law had been in effect shall complete their terms of office.

(2) The programme boards of BNR and BNT shall terminate their term of office within one month as from the entry into force of this law.

(3) If the managing boards of BNR and BNT take a decision to that effect, the programme boards may continue carrying on their activities subject to the condition of s. 64, item 3.

 

§ 6. (1) The contracts for advertising and sponsorship entered into by BNR and BNT should be reconsidered in view of their brining into line with this law.

(2) In cases where the duration of an advertisement according to the conditions of all contracts entered into exceeds the duration of advertising under the provision of s. 90, BNR and BNT shall respectively propose to the advertiser a reduction or termination of the contracts with them as from 1 January 1999.

 

§ 7. This law repeals ...

 

§ 8. This law shall come into force 3 months after its promulgation in the State Gazette.

 

CHAIRMAN OF

THE NATIONAL ASSEMBLY

(Yordan Sokolov)