Applications for awarding licences for another distribution period of radio and television programmes, following the procedure provided in Art. 35a of the Act on radio and television broadcasting (download the document), should be submitted not later than 12 months prior to the expiry of the existing licence.
If a broadcaster is submitting a licence application for another period, the application may be refused only if the broadcaster has found itself in any of the circumstances listed in Art. 38 sections 1 or 2 of the Act on radio and television broadcasting, i.e. if:
1. A legally valid ruling has been issued preventing the broadcaster from running the business activity that is subject to the licence;
2. The broadcaster is in material breach of the conditions provided in the Act or in the licence;
3. The business activity subject to the licence is performed against the Act or the licence conditions, and in spite of the notice served by the KRRiT’s Chairman, the broadcaster fails to remedy, within a set period, the prevailing actual state of facts or the legal status which is incompliant with the licence conditions or the Act;
4. In spite of the notice served by the KRRiT’s Chairman, the broadcaster fails to commence programme dissemination within the time frame stated in the licence, or if the broadcaster has permanently ceased the programme dissemination via all or some broadcasting stations – unless the broadcaster can prove that the delay in the programme dissemination or cessation of the programme dissemination has been caused by circumstances beyond its control. The cessation of the programme dissemination is deemed to be permanent if the programme ceases to be disseminated for a period of three consecutive months;
5. The programme dissemination compromises the national culture interests, the State security and defence, or if it is against the public morals;
6. The broadcaster’s bankruptcy is announced;
7. The programme dissemination makes the broadcaster acquire the dominant position in the mass media on a specific relevant market, within the meaning of the competition and consumer protection regulations;
8. A third party takes over the direct or indirect control over the broadcaster’s operations.
The licence awarding procedure concerning licence award for another period, following the procedure provided in Art. 35a, shall not be subject to Art. 34 and 36 sections 1 and 2 of the Act on radio and television broadcasting.
The licence is awarded against a fee, irrespective of charges payable for using radio communication devices and for utilizing frequencies provided in the Telecommunications Law.
· For licences authorising terrestrial distribution, the fees and charges calculation method is set out in the KRRiT’s regulation on the fees and charges for awarding licences for radio & television programmes distribution and method of their calculation, dated 4 December 2012 (Journal of Laws item 1370):
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The number of inhabitants within the programme signal reception shall be calculated following the KRRiT’s regulation on the technical methods of determining the programme signal reception within the area covered by the terrestrial broadcast distribution, dated 15 November 2012 (Journal of Laws item 1284):
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· For licences authorising satellite distribution, a fee is collected as specified in Art. 40 section 3 items 1 and 2 of the Act on radio and television broadcasting, in the amount of PLN 500 for a radio programme and PLN 10,000 for a television programme.
· For licences authorising the distribution via telecommunication networks other than those used for terrestrial broadcast or satellite broadcast (in cable networks), a fee shall be collected as specified in Art. 40 section 3 items 3 and 4 the Act on radio and television broadcasting, in the amount of PLN 500 for a radio programme and PLN 2,000 for a television programme.
In the event of expiry, to no effect, of the deadline for submitting a licence application authorising the terrestrial broadcast of radio or television programmes for another period, the KRRiT’s Chairman will announce forthwith the availability of a licence corresponding to the scope of the expiring licence – § 21 of the KRRiT’s regulation on the contents of the licence application and the detailed procedure of awarding and revoking licences for distribution and dissemination of radio and television programmes, dated 4 January 2007:
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Information on the applications and pending procedures can be obtained under:
+48 22 597 31 03 – Ms. Marzena Sobolewska-Pawelec (terrestrial distribution)
+48 22 597 31 85 – Mr. Kazimierz Sarbicki (satellite distribution)
+48 22 597 30 98 – Ms. Agnieszka Sobocińska (cable distribution)
