Consolidated Ethiopian Broadcasting Agency Directives

Transcription

1 Consolidated Ethiopian Broadcasting Agency Directives Abrham Yohannes Hailu Law Teacher at Haramaya University College of Law Licensed Lawyer Federal and Harari Courts Mobile: Blog:

2 Consolidated Ethiopian Broadcasting Agency Directives (English) Table of Contents Directive Directive No COMMERCIAL RADIO BROADCASTING SERVICES DIRECTIVE Page 1 Community Radio Broadcasting Service Directive Broadcasting Service Grievance Handling Directive No Subscription Broadcasting Service Directive No ማውጫ አማርኛ መመሪያ ገጽ የንግድ ሬድዮ ብሮድካስት Aገልግሎት መመሪያ 43 የብሮድካስት አገልግሎት ፕሮግራም ቅጂ አያያዝ መመሪያ የመንግሥት ወይም የሕዝብ ብሮድካስት አገልግሎት ፈቃድ አሰጣጥ መመሪያ 55 32

3 Directive No. 01/2008 COMMERCIAL RADIO BROADCASTING SERVICES DIRECTIVE WHEREAS, Commercial Radio Broadcasting Service is an alternative broadcasting service in providing education, entertainment, information to the public and it is found essential to develop and expand this service; and WHEREAS, it is essential to ensure fair utilization of the limited radio wave wealth of the country by allocating Commercial Broadcasting Service equitably and ensuring fair competition; and WHEREAS, it is essential to establish a system of controlling and monitoring the service in a transparent and accountable manner, NOW, THEREFORE, this Directive is issued pursuant to Article 47 of Proclamation No. 533/2007. PART ONE GENERAL PROVISIONS 1. SHORT TITLE This Directive may be cited as the "Commercial Radio Broadcasting Services Directive No. 01/2008." 2. DEFINITIONS In this Directive unless the context requires otherwise:- 1 "Commercial Radio Broadcasting Service" means a radio transmission service established for profit by a legal entity with the purpose of educating, informing and entertaining the public. 2 "Applicant" means a legal entity which is established for commercial purposes and has applied to obtain a Commercial Radio Broadcasting Service license by filling the application form prepared by the Authority Page 1 of 58

4 3 "Licensee" means an entity licensed in accordance with Article 9 of this directive or an entity which lawfully engaged in rendering broadcasting service before the enactment of this directive. 4 "Licensing Team" means a team consisting of different professionals which invites applicants who want to obtain licenses for commercial radio broadcasting service, registers applications submitted, screens applications, and submits its recommendations to the Chief Executive, issues licenses when approved and carry out related activities as per this Directive. 5 "Chief Executive" means the Director General or the Deputy Director General of the Authority. 6 "Regional State" means any of the regional states under Article 47(1) of the Constitution of the Democratic Republic of Ethiopia and includes Addis Ababa and Dire Dawa city administrations. 7 "National transmission" means a commercial radio broadcasting service whose transmission covers more than one regional state. 8 "Regional transmission" means a commercial radio broadcasting service whose transmission is limited to one regional state only. 9 "Local transmission" means a commercial radio broadcasting service whose transmission is limited to one woreda or municipality only. 10 "National Program" means a program prepared in Ethiopia and by Ethiopians. 11 "Authority" means the Ethiopian Broadcasting Authority. 12 Board means the Board of the Authority. 13 "Ministry" means the Ministry of Information. 14 "Proclamation" means the Broadcasting Service Proclamation No. 533/ Person means a juridical person Page 2 of 58

5 PART TWO ISSUANCE OF LICENSE 3. REQUIREMENT OF A LICENSE 1. No person may undertake broadcasting service without obtaining a broadcasting service license from the Authority. 2. A broadcasting service licensee may not operate more than one broadcasting station with one license. 4. APPLICATION FORM It shall include the following particulars:- 1. The name and address of the applicant. 2. Objectives of the program, its sources and day and hour of the transmission program. 3. Type and power of the transmitter. 4. The location where the transmitter is to be erected. 5. The capital needed to establish and run the project. 6. Other additional information in relation to the applicant. 5. DOCUMENTS WHICH SHOULD BE SUBMITTED ATTACHED TO THE APPLICATION FORM 1. The Memorandum and Articles of Association of the applicant. 2. The project proposal. 3. Evidence showing the source of finance. 4. Educational certificates and experience of managers who would run the station. 5. The organizational structure of the transmission service; educational level, experience and position title of the staff 6. Other documents which the applicant considers useful Page 3 of 58

6 6. INVITATION OF APPLICANTS 6.1. The Authority shall invite applicants for commercial radio broadcasting service by a notice published in a newspaper having a wide circulation or by other mass media. The notice shall include the following particulars: 1. The category of broadcasting service for which the license is intended to be issued. 2. The area to be covered by the service. 3. The radio wave available. 4. Time and place of application. 5. Other necessary information Upon the expiry of the application period, if necessary, the Authority may invite the community by the mass media to give its opinion in writing about the applicants stating the list of applicants and the items on which opinion is sought Without prejudice to the decision to be given in accordance with this Directive, the Authority may request the applicant to give further explanation regarding the comments of the community. 7. UNACCEPTABLE APPLICANTION If the Applicant:- 1. fails to produce legal evidence as to the source of its financing; 2. fails to produce project proposal; 3. fails to produce confirmed financial document/s ; 4. is a body that may not be entitled to a license as provided for in Article 23 of the Proclamation; his application shall be rejected without going into detail screening. 8. EVALUATION CRITERIA 8.1 Applicants who pass the initial screening according to Article 9/2/ of this Directive shall be evaluated against the criteria set here below and the winners shall be declared. The following are the required criteria. 1. Reliability and sufficiency of the financial resource to render the service Page 4 of 58

7 2. The capability of equipment and technologies listed in the applicant's project proposal to render the service. 3. The applicant's organizational capacity, knowledge and experience to render the service. 4. The contents of the program submitted by the applicant and social needs covered by the program. 5. The transmission time allocated for the service The Authority shall issue detail criteria based on the above general criteria 9. PROCEDURE OF ISSUANCE OF LICENSE 1. The License Team shall submit the result of its initial screening with explanation to the Chief Executive as per Article 10 of this Directive. 2. Upon examining the list of applicants and explanation submitted to him by the Team, the Chief Executive shall forward his decision to the Team indicating applicants who passed for the second screening. 3. The License Team shall evaluate those applicants who passed the initial screening against criteria set in Article 8 of this Directive and forward its recommendation to the Chief Executive with the list of applicants entitled to a license and those who are denied. 4. The Chief Executive shall decide indicating who are entitled to the license and who are denied. 5. The decision of the Chief Executive shall be notify to the applicants. 6. Applicants entitled to obtain license shall be notified in writing to pay the prescribed fee and collect their license. 7. As explained here above, licenses shall be issued to those applicants who pay the fee in time and sign the document prepared by the Authority. 8. If an Applicant, who is notified in writing to collect his license, fails to do so, within 1(one) month from receipt of the letter by paying the fee and signing the document prepared by the Authority, the decision to issue the license shall be cancelled. 9. The Authority shall give clear explanations for those applicants who would like to know the reasons why they are denied license Page 5 of 58

8 10. An Applicant who is denied a license may submit his grievance to the Board within 14(fourteen) days from the date of decision by the Chief Executive. 11. All licensees should register the license issued by the Authority with the Ministry of Trade and Industry or the Regional Bureau of Trade and Industry as the case may be. PART THREE THE LICENSE TEAM 10. DUTIES AND RESPONSIBILITIES OF THE LICENSE TEAM The License Team of the Authority shall: 1. receive application forms filled by applicants together with the annexed documents; register same and thereby issue a receipt. 2. if necessary, publicize the names of the applicants registered by means of a convenient mass media and collect the opinion of the public. 3. keep the application forms and the documents attached thereto as well as the opinions of the public. 4. screen the applications and submit its recommendation with the list of the applicants to the Chief Executive as per Art. 9 of this Directive. 5. make official the list of applicants who passed the first screening as per the decision of the Chief Executive. 6. make detail evaluation as per Art. 8 of this Directive and submit its recommendations with the necessary explanations to the Chief Executive. PART FOUR THE LICENSEE 11. DUTIES AND RESPONSIBILITIES OF THE LICENSEE The Licensee shall: 1. transmit its program only with the radio station for which he has a license. 2. pay the appropriate license fee set for the type of license Page 6 of 58

9 3. respect the Broadcasting Service Proclamation of the nation, other relevant laws and the various directives issued by the Ministry. 4. establish a procedure which ensures that the directives of the Ministry are complied with. 5. ensure that foreign nationals employed by the broadcasting station, if there are any, first obtain work permit from the concerned government organ. 6. fulfill the requirements of the regulations of the International Telecommunication Union issued from time to time. 7. keep appropriate financial records related to the radio station. 8. transmit its program only with the type and capacity of equipment permitted unless permitted otherwise by the Authority.. 9. keep the records of the management staff and employees of the station and produce the records to the Authority upon request. 10. utilize the authorized transmission time fully. 11. provide equal treatment to all communities in its license area. 12. ensure that transmission of its programs covers the whole license area. 13. include regional and national news in its program. 12. CONDITIONS STATED IN THE LICENSEE S APPLICATION 1. Conditions stated in the Licensee s application shall continue to be conditions of the license. 2. The Authority shall prepare and shall have the Licensee sign conditions of license based on the conditions stated in his application. 13. PERIOD OF VALIDITY The validity period of commercial radio broadcasting service is as follows: 1. where the transmission is at national level, 8 years. 2. where the transmission is limited to a regional state, 10 years. 3. where the transmission is limited to a local level, 12 years. 4. where the transmission is limited to Addis Ababa and its surroundings, 6 years. 5. where the transmission is limited to Dire Dawa, 10 years Page 7 of 58

10 PART FIVE FEES 14. TYPE OF FEES 1. An applicant shall pay an application fee upon submission of his application and a licensee shall pay license fee upon issuance of the license, annual fee and renewal fee upon renewal. 2. The amount to be paid shall be determined by the Authority. 15. TIME OF PAYMENT 1. The fee for the application shall be paid upon submission of the application. 2. The license fee shall be paid before the applicant takes the license certificate. 3. If the licensee fails to pay the annual fee within 60 days of the lapse of the government fiscal year, he shall pay penalty of 5% for each month of delay. The total penalty, however, may not exceed 50% (fifty percent) of the total fee. PART SIX SUSPENSION AND REVOCATION OF LICENSE AND GRIEVANCE PROCEDURE 16. SUSPENSION OF LICENSE 1. The Authority may suspend a license where the licensee violates the relevant provisions of the Proclamation and this Directive. 2. The decision of suspension made in accordance with Sub-article (1) of this Article shall be served to the licensee stating in writing the reasons thereto and the effective date of the suspension. 3. The licensee should notify in writing if he rectifies the reason for the suspension within 15 days of the notification by the Authority. 4. The Authority shall withdraw the suspension if it ascertains that the reason for the suspension is rectified Page 8 of 58

11 17. REVOCATION OF LICENSE A license may be revoked on any one of the following grounds: 1. where it is proved that the licensee has failed to commence transmission within one year of obtaining the license. 2. where it is proved that the license is obtained by fraudulent or irregular means. 3. where the broadcasting station suspends its transmission for more than one month without good cause. 4. where a court orders the closure of the station. 5. where the licensee, by his own initiative, stops the service. 6. where the licensee violates the provisions of Article 30(4) of the Proclamation. 7. where the licensee fails to settle the fees in accordance with Article 15 of this Directive. 8. where he fails, in accordance with Article 16 (3), to notify the Authority in writing that the cause of the suspension is rectified The Authority shall notify the licensee, in writing, where a license is revoked for the reasons enumerated in Article 17.1 here above. 18. GRIEVANCE PROCEDURE 1. A licensee whose license is suspended or revoked may submit his grievance to the Board of the Authority, in writing, within 14 days of the written notification by the Authority. 2. The Board shall give its decision within 30 days. PART SEVEN APPROVAL AND NOTIFICATION OF CHANGES 19. APPROVAL The licensee should get the approval of the authority before he: 1. increases or reduces the capacity of the transmitter permitted. 2. changes the type and length of the antennae Page 9 of 58

12 3. changes the location of the transmitter and antennae. 4. increases the height of the antennae. 5. amends, varies or cancels contracts related to possession or ownership of property. 6. makes changes in the holding of shares or transfers shares. 7. receives radio program from foreign or domestic broadcasters to transmit by his own radio station. 20. NOTIFICATION The licensee should notify the authority of the following changes within 14(fourteen) days of the change: 1. Discontinuance of transmission due to failure of equipment. 2. Dismissal or change of program director. 3. Change of programmes and transmission hours. 4. Change of address. PART EIGHT MISCELLANEOUS PROVISIONS 21. NATIONAL, REGIONAL, AND LOCAL TRANSMISSION PROGRAMME 1. If it is a national broadcasting station; It shall allocate at least 60% of its weekly transmission to national programs. 2. If it is a regional broadcasting station; It shall allocate at least 60% of its weekly transmission to programs related to the regional affairs. 3. If it is a local broadcasting station It shall allocate at least 60% of its weekly transmission to the local affairs Page 10 of 58

13 22. RECORD KEEPING Without prejudice to the provisions of Articles 38 of the Proclamation, a licensee shall keep record of the following particulars during the tenure of his license: 1. Business plan and annual budget. 2. Accounting records and annual audit reports. 3. Investment activities carried out by the licensee. 4 Contracts and agreements concluded by the licensee or his agent. 5 List of donors and non-monetary aid. 6 List of employees with their position, years of service and training scheme designed by the licensee. 7 Program schedule and amendments. 23. PROHIBITION TO TRANSFER THE RADIO STATION. 1. The licensee cannot transfer, sell, lease or pledge his license or the rights acquired in the license. 2. Without prejudice to the provision of Article 23.1 here above, the licensee may, in the event he cannot carry out the operation, return the license to the Authority and apply for transfer. Upon approval of the Authority he can transfer the equipment to another party. 24. REPEAL Commercial Radio Broadcasting Service Directive No. 1/2006 are hereby repealed. 24. AMENDMENT TO THE DIRECTIVE This Directive may be amended by the Ministry at any time. 25. EFFECTIVE DATE This Directive shall be effective as of May 14 th 2008 G.C. BEREHAN HAILU MINSTER OF INFORMATION Page 11 of 58

14 Community Radio Broadcasting Service Directive No. 02/2008 Community Radio Broadcasting Service Directive Whereas, a community Radio Broadcasting Service plays a significant role in fulfilling education, information and entertainment needs of a community which the commercial and government broadcasting service do not cover; Whereas, it is necessary to expand and develop the service in order to fulfill the needs for information, education and entertainment of each nation, nationality, and people for our country being the home to various nations, nationalities and peoples; Whereas, it necessitates the appropriate usage of the limited radio frequency resource that belongs to the people in common; Now, therefore; in accordance with Article 47 of the Broadcasting proclamation No. 533/2007, it is hereby issued as follows: 1. Short Title Part one General This directive may be cited as Community Radio Broadcasting Service Directive No 02/ Definition In this directive, unless the content requires otherwise: 1. Community means the sections of a society having common interest and living in the same area geographical location; 2. A community Radio Broadcasting service means a non-profit making radio service established in the interest of the community that is guided and administrated by the community itself; 3. Applicant means a person who applies for community Radio Broadcasting license fills and submit the application form of the Authority; 4. Program means a broadcasting service program on education, health, culture and other similar affairs transmitted by a radio with educating, informing and entertaining content; 5. Licensee means a person licensed in accordance with article 7 of this directive and includes a person licensed before from the Authority. Page 12 of 58

15 6. License Team means a group of experts, who register the applicant of the community Radio Broadcasting service to get licence, examines the application and gives decision ideas to the highest pertinent official, gives the approved license and other related activities done in accordance with this directive; 7. Higher official means the authority s general director or deputy general director; 8. Authority means the Ethiopian Broadcasting Authority; 9. Board means the Ethiopian Broadcasting Authority s Board; 10. Ministry means the ministry of Information; 11. Proclamation means the Proclamation on Broadcasting service of 533/2007; 12. Person means any juridical person. Part Two 3. Categories of Community Radio Service 13. Geographical community Radio Service This Radio transmission service is established to the community who are living in a specific geographical area and having common language, culture, values and their interest is not covered by any other media; 14. Community Radio Service based on common interest. The community Radio Service is not restricted with geographical area which gives service to those who have common interest and the community considered as the same and their interest is not covered by other media can be established in the following ways; 15. Organized individuals and institution that are getting service in regard to education, work and others to satisfy the need of people who have direct service relation with institution. 16. Part of the community who have similar culture, history in order to promote and develop their common culture and artistic value; 17. Can be established by association of profession, gender and others to fulfill their stretched objectives. 4. Requirement of License Part Three Issuance of License 18. No person may undertake Community Radio Broadcasting service without obtaining a broadcasting service license from the authority; 19. An applicant who intends to obtain a community Radio Broadcasting license shall fill the application form prepared by the authority with supporting document. Page 13 of 58

16 5. Application form and supporting documents 5.1 The Authority shall prepare application form including the following; 1. The applicant s name and address; 2. Objective of the program, source and transmission day and time; 3. Kind and capability of transmission equipments; 4. The place where the transmission equipment established; 5. amount of money or capital that the applicant need to establish and run the service; 6. Other information related to the applicant s background. 5.2 The applicant shall submit the following documents with application form. 7. The applicant shall be established on the basis of legal institution or organization and not as a profit maker; 8. The document shall mention that the Radio Broadcasting service has an objective to serve the community; 9. The document shall disclose the community s support to establish the radio broadcasting service with their petition and signature; 10. The document shall contain applicant s board members name, address, educational qualification and signature; 11. The minute of decision that the board passes to establish the service; 12. Project proposal of station s finance, human resource and technical staffs; 13. Supporting letter from region or zone administration office where the applicant lives; 14. Other documents that the applicant may considers as necessary. 6. Unacceptable Application 20. fails to produce legal evidence to ascertain its source of finance; 21. fails to produce project proposal with application form; 22. is established for profit making; 23. A body that may not be entitled to a license as provided for in Article 23 of the proclamation may be rejected without further screening. 7. Procedure of License Issuance 1. According to article 6 of this directive, the license team checks the submitted application and collects the information needed from the community in person by physical presence and submits the suggested result to senior official; 2. The higher official gives decision after examining the submitted result; 3. An applicant, whose application has been accepted pays the required license fee and is notified in writing to take the license; 4. According to the above article the applicant who has paid the license fee and signed a document prepared by the authority can get the license; Page 14 of 58

17 5. If two or more applicants have the same competence that is confirmed the community are in need of establishing the stations and there is scarcity of radio frequency happens, the authority can make them use the radio frequency together; 6. The applicant who gets accepted letter of license may be revoked unless the payment is done and the prepared document of the authority signed within one month of notification; 7. An applicant who wants to know the reason of the denial of the license, the Authority will notify the reason clearly; 8. Any applicant who is denied a license may appeal to the Board within fourteen (14) days from the date of the higher official decision. The Board shall give its decision with in twenty (20) days after receiving of the appeal. 8. The license Conditions mentioned by the licensee 1. The information which is mentioned on the application form shall be taken as an obligation for the licensee; 2. On the basis of information which is mentioned on the application form by the licensee, the Authority prepares the license conditions document and makes the licensee sign on it. 9. Power of Transmission Equipment The transmission equipment must not exceed one kilo watt. Part Four Licensee 10. Duties and responsibilities of Licensee 1. Carries out its activities on the needs of community development, education and good governance; 2. Promotes and develop the language, culture and artistic value of the community; 3. Allows to participate the members of the community in the preparation of its program; 4. Transmits programs on issues involving the common interest of the community that could not get coverage by other broadcasting services; 5. Utilizes the income derived from different sources for the operation of the broadcasting station; 6. Receives any opinion and suggestion and gives information to the community after investigating and interviewing the concerned bodies; Page 15 of 58

18 7. Provides community centered informative and entertaining programs to promote the information, culture and knowledge of the community; 8. Provides human and democratic rights program to build and enhance the community s awareness; 9. The transmission program must include local and national news; 10. The transmission program shall be allocated at least 14 hours of its weekly transmission. 11. Validity Period of License The validity period of community radio broadcasting service license: 11. For short term community broadcasting service license not more than 1 (one) year; 12. For fixed community broadcasting service license 5 (five) years; 13. The licensee shall notify the commence of the program day and time to the authority; 14. The license shall be revoked when it is confirmed that the licensee has failed to commence transmission with one year from the date of obtaining the license; 15. The Authority files the commence date and time of transmission; 16. There is no renewal for short term licence. 17. If it is necessary, the fixed license may be renewed. The renewal process is undertaken in accordance with article 25 of the proclamation; 18. Without prejudice to sub article (4) of this article, if the licensee needs additional time, there is a chance to apply again by producing information to convince. 12. Kinds of Fee 19. Any applicant shall pay registration fee; 20. Any licensee shall pay license fee, annual and license renewal fee at the time of getting the license; 21. The payment is determined by the authority..13 Time of Payment 22. When the applicant fill and submit the application form, there is a payment of registration fee; 23. Before getting the license certificate, the licensee shall pay license fee; 24. Where the broadcasting service annual fee is not paid within 60 days after the end of the government fiscal year, a penality of 5% shall be Page 16 of 58

19 added for each month of delay; however, that the total amount of penality shall not exceed 50% of the license fee. Part Five License suspension, Revocation and Submission of Grievance 14. Suspension of License 25. The Authority may suspend a broadcasting service license where the licensee violates the provisions of the proclamation and this directive; 26. The decision of suspension made in accordance with sub article (1) of this Article shall be served to the licensee stating, in writing, the reasons thereto and the effective date of the suspension; 27. After the authority mentions the reason of suspension the licensee shall notify in writing the clearance of the reason of suspension within 15 days; 28. If the Authority confirms the reason of suspension is cleared, it removes the suspension. 15. Revocation of License 15.1 The license of licensee may be revoked by anyone of the following grounds: 1. Where it is confirmed that the licensee has failed to commence transmission within one year from the date of obtaining the license; 2. Where it is confirmed that the licensee has not obtained the license in legal basis or fraudulent means; 3. Where the broadcasting station suspends its transmission for more than one month without good cause; 4. Where a court orders the closure of the station; 5. Where the licensee by its own initiative, stops the licensed service; 6. Where the licensee violates the provision of Article 30 sub article (4) of the proclamation; 7. Where the licensee fails to pay its fee in accordance with Article 13 of this directive; 8. Where the licensee fails to clear the reason of suspension in accordance with Article 14 sub article (3) of this directive. Page 17 of 58

20 15.2 According to Article 15(1) of this directive the authority shall notify the licensee the revocation of license in writing. 16. Submission of Grievance 29. After the Authority notifies the suspension or revocation of the license, the licensee may submit the grievance to board with in 14 days; 30. The board gives a decision to the submitted grievance with in 30 days. 17. Expansion License 31. When the licensee intends to upgrade or downgrade the licensed transmitter force; 32. When the licensee intends to change the types and length of antenna; 33. When the licensee intends to change the place of transmitter antenna; 34. When the licensee intends to upgrade the hight of antenna; 35. When the licensee requests a new radio wave to cover other area outside of its licensed area, it shall get permission from the Authority. 18. Notification When the following change is made, the licensee shall notify the authority with in 14 days in writing. 36. In case of defection, the transmission terminated for one month; 37. If there is change of management; 38. If there is a change of Program and transmission time; 39. Change of address. 19. Station s program Part Six Programs of Transmission Station Any community Radio station shall give 60% of its transmission program focusing on issues regarding the community. 20. Advertisement and Sponsorship Advertisement and sponsored programs shall be treated in accordance with the provisions of article 33, 34, 35, and 36 of the proclamation. Page 18 of 58

21 21. Music Program Community Radio broadcasting service shall give priority to those composed and arranged music, singers and players of the community. It shall provide kinds of nation and nationalities music on the basis of community s interest. 22. Language If it is spoken more than one language in the area of established community Radio broadcasting service, it shall be transmitted with the language (languages) what the community choose. 23. Providing real information of station s identity, program s name and owner 40. The licensee shall announce the name and address of the station in the middle of transmission; 41. In the middle of daily transmission and programs, the station shall mention its motto and name; 42. In the convenient of station technique, each program shall be provided by arrangement of music and sound. The name of producer of the program shall also be mentioned at the beginning or end of the program. 24. Not transmitting the program which are not announced and scheduled before:- 43. The licensee shall announce or inform the date and time of the daily transmission program to listener; 44. Except the emergency of government and public statement current and necessary community issues, the licensee shall not transmit the programs with out announced and scheduled program. Part Seven Miscellaneous Provisions 25. Management of Community Radio Broadcasting Service Community Radio broadcasting service: 45. Shall have general assembly from members or representatives of the community; Page 19 of 58

22 46. Shall have not less than five and not more than nine board members elected from the community in democratic and volunteer ways; 47. Shall employ general manager and technical manager in permanent conditions; 48. Shall have other members of the community who participate in administrative and program preparation; 49. The management shall keep and not oppose the community s sustainable ownership feeling, make the community to participate in program preparation, appraisal, administrative and finance in order to run the service together properly; 50. Shall notify to the authority if there is management change; 51. Prepares its organizational document on the basis of the Authority s model organization document and submits to the Authority. 26. Issuing and Implementing the Editorial Policy 52. Any licensee shall initiate editorial policy or regulation according to the laws and directives of the country and give broadcasting service in manner of credible, balanced and accurate; 53. Shall incorporate constitutionally, nationally, regionally and locally developmental direction in its editorial policy and do its duties and responsibilities in the principle of broadcasting proclamation. 27. Transmission of Government and Public statement Community radio broadcasting service shall transmit free of charge emergency statements given by the federal or a regional state government, and police commissioners due to the occurrence of an incident that endangers the constitutional order, national disaster, an epidemic that threatens public health. 28. Accommodating the Grievance 54. The licensee shall respect the right of a person to give reply concerning an issue when he alleges that a transmitted program has encroached on his right or failed to be presented properly; 55. The licensee shall establish a conduct of grievance handling to receive any complaint from the community. 29. Respecting Law, Rules and Directives Page 20 of 58

23 Any licensee shall respect the constitution, press law, proclamation of broadcasting and the directives which are and will be initiated by the Ministry. 30. Preparation of License Criteria The Authority prepares detail license criteria study to the community radio. 31. Repealed Directive Directive of the community broadcasting service license offering and operation 2005 is here by repealed. 31 Amendment of Directive This directive may be amended by the Ministry. 33. Effective date This directive shall enter in to force from 22 July, Birhan Hailu Minister of Information Page 21 of 58

24 Broadcasting Service Grievance Handling Directive No 03/2008 Whereas, it is very important of the community participation in developing the broadcasting service to play in political, social, economic role, one of the participation indicators are providing the grievance on the broadcasters; Whereas, it is essential to set the grievance handling procedure in order to provide the broadcasting service listener or viewers grievance and information about broadcasters and get the necessary decision; Now, therefore; this directive in accordance with Article 47 of the broadcasting service proclamation No 533/2007 it is hereby issued. 1. Short title Part One General Provision This directive may be cited as the Broadcasting Service Grievance Handling Directive No 03/ Definition In this directive, unless the context requires otherwise: 1. Grievance means a complaint of any person who has been aggrieved of being denied a right or unfairly treated by broadcasting service; 2. Grievance presenter means a person who presents a complaint on every condition that relates to a broadcasting service of transmitted program, the quality of sound or vision, the jamming and others being denied a right or privileges; 3. Broadcaster means a person who gives broadcasting service that establishes in accordance with Ethiopian law; 4. Grievance hearing team means a team which is established by the director general of the Authority that gives a decision on grievance based on this directive; 5. Disclosure means information on every broadcaster for broadcasting service in order to be corrected or commented. 6. Inspector means a person assigned by the Authority to supervise the proper observance, by licensees of the provisions of the proclamation, regulations and directives issued hereunder; 7. Higher official means the director general or deputy director general of the Authority; 8. Authority means The Ethiopian Broadcasting Authority; 9. Board means the Ethiopian Broadcasting Authority Board; 10. Management committee means the committee which has a process owners of the Authority in it and chaired by higher official; Page 22 of 58

25 11. Ministry means The ministry of information; 12. Proclamation means the proclamation on Broadcasting service of 533/2007; 13. Person means any juridical and physical person. 3. Forms of Grievance Part Two Grievance procedure, Review and Decision 1. Any person shall have the right to petition upon any broadcaster to the Authority. 2. When any person submits a petition to the Authority the petition shall contain the following: A. The name and address of the petitioner B. The name of the broadcaster, types of broadcasting service, causes of the grievance, date and time (if any) and the title of the program (if any). C. Violation of right or injury to the cause of grievance. D. If it is submitted previously to the Broadcaster, the result or the reply of the grievance shall be stated. 3. If the grievance is submitted by the Agent, the Agent s Authority evidence shall be attached with the application. 4. If similar grievances on the same broadcaster are submitted by different aggrieved persons, they can be examined together. 4.Unacceptable grievance 1. Any grievance: a. If it is a court jurisdiction; b. If the case is still pending in court; c. If the cause of the grievance is transmitted on air or if the action is performed after thirty (30) days, it may be rejected without detail screening. 2. Without prejudice to the above sub article 1 (c) if the aggrieved person submits the evidence of the transmitted program, the grievance may be examined until six months. 5.Submission of disclosure 1. Any person may give information to the Authority when the broadcaster transgresses the laws of the country and the system; 2. The Inspector of the Authority shall give a decision by examining the information. 6. Decision making Procedure 1. The Authority shall assign an expert who registers complaints from any person; 2. In accordance with Article 3 of this directive if the grievance is rejected by grievance hearing team, the petitioner shall be notified forthwith; Page 23 of 58

26 3. If the complaints are necessary to be examined, the grievance hearing team can review the case by gathering necessarily evidence and information, by receiving or by calling the broadcaster s response who has been proved to caused grievance; 4. Based on the above facts, the grievance hearing team shall give a decision by examining the grievance. It notifies the decision to the petitioner and to the alleged broadcaster in writing. It will follow up whether the decision is functional or not; 5. If the grievances person or the broadcaster disagreed with the grievance hearing team s decision, the appeal can be submitted to the management committee within 14 days from submission of the decision. And the management committee shall give its decision after examining the grievance. 6. If the grievance presenter or the broadcaster is dissatisfied with the management committee s decision, the appeal can be submitted to the Board in 14 days from submission of the decision. And The Board shall give the last decision after examining the grievance; 7. Measures that can be taken based on the decision 1. After examining the grievance in accordance with article 5 of this directive, and the alleged broadcaster has pleaded guilty. So in this decision; a. The accused broadcaster shall arrange a proportional air time to give the corrected version within 2 days from submission of the decision and shall transmit correctional program or shall handle the aggrieved person s idea; b. If the transmitted program or the performed action may not be corrected, it shall not be on air again; c. The Authority s decision shall be transmitted through the broadcaster station who has been proved to have grievance; d. The broadcasting service license may be suspended or revoked in accordance with the proclamation. 2. If the case imposes criminal or civil responsibility on the accused person, the case shall be submitted to the court. 8. Obligation of the Broadcaster Any Broadcaster: Part Three Miscellaneous cases 1. Shall give a relevant reply within 5 working days when the Authority presents a request regarding grievance; 2. Shall treat the customer by establishing a grievance resolving system; 3. Shall register the grievance; compile the document of response and penalties of the grievance. When the Authority requests the documents, the broadcaster has responsibility to give it back. 9. The scope of Application Page 24 of 58

27 This directive shall be applicable on public, commercial and community broadcasting services which are established in Ethiopia. 10. Repealed Directive The Broadcasting service grievance handling directive No 5/06 is hereby repealed. 11. Amendment of the directive This directive can be amended by the Ministry 12. Effective date This directive shall come in to force from 22nd day of July, Birhan Hailu Minister of Information Page 25 of 58

28 Subscription Broadcasting Service Directive No. 04/2009 Whereas, providing service of foreign broadcast programs with payment to the society is an option of fulfilling the need of information, entertainment and education to the society; Whereas, it is essential to follow up and control this broadcasting service option in the manner of transparency and accountability; Whereas, it is necessary to issue the license to the applicants, who need to provide service of foreign broadcasting service to customer, by ascertaining, checking their competency; Now, therefore, in accordance with article 47 of the Broadcasting Service Proclamation No 533/2007 it is hereby issued. 1. Short title Part One General Provision This directive may be cited as the Subscription Broadcasting Service Directive No 04/ Definitions In this directive, unless the context requires otherwise: 1. Subscription Broadcasting Service means a foreign country broadcast transmission program service providing the society in agreement with licensee and user and giving a service by using the set device or password; 2. Applicant means juridical person who fills the application form and apply to the Authority to get license on providing service of foreign broadcast programs with payment to customers; 3. Licensee means a juridical person licensed in accordance with article 7 of this directive and the organization who got license from the Authority before; 4. License Team means a group of experts who registers the applicant of providing service of foreign broadcast programs with payment to customers to get license, examines the application and gives ideas for decision to the highest pertinent official, gives approved license and other related activities in accordance with this directive; 5. Channel means a unique frequency code through which the arranged motion picture, sound or program or both are transmitted; 6. Additional channel accreditation means an accreditation channel that the Authority gives when the licensee applies to provide service of additional program channel; 7. Higher official means the Authority s general director or deputy general director; 8. Authority means the Ethiopian broadcasting Authority; 9. Board means the Ethiopian Broadcasting Authority s Board; 10. Proclamation means the proclamation on Broadcasting service of 533/2007; Page 26 of 58

29 11. Person means any juridical or physical person. 3. Requirement of License Part Two Issuance of License 1. No person may undertake service of foreign broadcast programs with payment to customers with out obtaining a license from the authority; 2. An applicant who intends to obtain license service of foreign broadcast programs with payment to customers shall fill and submit the application form prepared by the Authority with supporting document. 4. Application form and supporting documents 1. The Authority shall prepare an application form including the following; a. The applicant s name and address; b. Types and numbers of channels with the intention of the transmission; c. The system which the licensee provides service to the customers; d. If the applicant is under operation before the issuance of this directive, the number of customers; e. Other information related to the applicant. 2. The applicant shall submit the following documents with an application form. a. Applicant s memorandum of association and article of association b. Confirmed document that the applicant is established by an Ethiopian citizens; c. The agreement document of the applicant and the foreign country broadcast service organization to provide the programs to the customers; d. Project study of the service; e. Other documents that the applicant may consider as necessary. 5. Submission of application and denial of application 1. Applicant who needs a license of providing service of foreign broadcast program with payment to customer can apply any time to the authority; 2. If the applicant organization: a. Is not established by Ethiopians only; b. Fails to produce project proposal with an application form; c. Is a body that may not be entitled to a license as provided in article 23 of the proclamation will be rejected without going into detail screening. 6. Procedure of License Issuance 1. According to article 5 the license team checks the submitted application and submits the elaborated result and recommendation to higher official; Page 27 of 58

30 2. The higher official gives decision after examining the submitted recommendation; 3. An applicant, whose application has been accepted, pays the required license fee and is notified in writing to take the license; 4. The applicant, who paid the license fee and signed a document prepared by the Authority, can get the license according to the above sub article; 5. The applicant, who gets all acceptance letter of license, may be revoked unless the payment is made and the prepared document of the Authority is signed within one month of notification; 6. The applicant, who is denied a license, wants to know the reason of the denial of the license; the Authority will notify the reason in writing. 7.The license Conditions mentioned by the licensee 1. The major conditions which are mentioned in the application by the licensee can be taken as an obligation of the license; 2. On the basis of conditions mentioned in the application by the licensee, the Authority prepares the license document and makes the licensee sign on it. 8. Duties and Responsibilities of Licensee Part Three Licensee 1. Checking the transmitted programs that do not contradict with laws of the country and interest of the community; 2. Notifying tariff of service payment and change of any payment tariff description to the Authority every time; 3. Notifying the Authority the channel type, numbers and content of the programs transmitted to the customers; 4. Submitting the programs to the Authority which are provided to the customers without payment; 5. The service will be provided only according to the types of issued license; 6. The licensee shall be issued a license of additional channel from the Authority, if there is a need of providing programs in addition to the previous licensed channels; 7. The licensee should disclose the place of work and equipments which are used for operation in order to make convenient for the Authority s follow up and control mechanism; 8. Notifying the number of customers and agreement time to the Authority; 9. The licensee prohibits the customers not to provide the programs to public consumption according to the agreement of the licensee and the customer. 9. Validity period of License 1. The license which is given in accordance with this directive stays valid for five (5) years; 2. The license can be renewed in the agreement of the licensee and the Authority; Page 28 of 58

31 3. The requisition of license renewal shall be raised before six (6) month of validity period. If the requisition is not forwarded the Authority is not obliged to renew the license. 10. Amount of payment Part Four Payment of application, license and annual fee 1. The applicant pays (four handed birr) for application fee; 2. The applicant pays the following primary license fee for issued license: a. If it is radio service birr 10, (ten thousand birr); b. If it is television service birr 50, (fifty thousand birr); c. If it is radio and television service birr 60, (sixty thousand birr); d. If it is additional channel accreditation, it will be birr 3, (three thousand) for each; 3. The licensee pays the following annual fee: a. If it is radio service birr 8, (eight thousand birr); b. If it is television service birr 40, (forty thousand birr); c. If it is radio and television service birr 50, (fifty thousand birr). 11. Period of Payment 1. When the applicant fills and submit the application form, there is a payment of registration fee; 2. Before getting the license certificate, the licensee shall pay license, annual and renewal fees; 3. Where the broadcasting service annual fee is not paid within 60 days after the end of the government fiscal year, a penalty of 5% shall be added for each month of delay; however, the total amount of penalty shall not exceed 50% of the license fee. Part Five License suspension, Revocation and Submission of Grievance 12. Suspension of License 1. The Authority may suspend a broadcasting service license where the licensee violates the provisions of proclamation and this directive; 2. The decision of suspension made in accordance with sub article (1) of this Article shall be served to the licensee in writing, stating the reasons thereto and the effective date of the suspension; 3. After the Authority mentions the reason of suspension, the licensee shall be notified in writing the reason of clearance of suspension with in 15 day; Page 29 of 58