The Independent Media Commission (IMC) held its fourth regular meeting for 2020 on 30 October 2020, chaired by the Chairman of the IMC, Mr. Xhevat LATIFI. The Commission initially approved the agenda of the meeting and then the minutes from the last meeting.

In the course of the meeting, the Commission examined several legal cases related to violations of IMC legislation, namely violations of the Code of Ethics for Audiovisual Media Service Providers and Regulation IMC-2016/01 on the Distribution of Audiovisual Media Service Providers. The IMC Commission examined the following legal cases:

KTV - Complaint from Mr. Faton Thaçi - after examining this case the Commission concluded that KTV has failed to take the necessary steps to act in accordance with Article 10, paragraph 2 of the Code of Ethics KKPM-2016/03. The Commission decided that KTV should be sanctioned with Warning pursuant to Article 30, paragraph 1 of Law on IMC.

RTK 1 - Complaint by Devolli Group - after examining this case the Commission concluded that RTK 1 has acted in contradiction to the Code of Ethics KKPM-2016/03. The Commission decided that RTK 1 should be sanctioned with Warning pursuant to Article 30, paragraph 1 Law on IMC.

Kumanova Cable - after examining this case the Commission concluded that Kumanova Cable had failed to take the necessary steps to act in accordance with Article 4, paragraph 1 and Article 12, paragraph 1 of Regulation IMC-2016/01. The Commission decided that Kumanova Cable is fined in the amount of two thousand (2,000) Euro pursuant to Article 30, paragraph 1.3, because of violation of Article 4, paragraph 1, Article 12, paragraph 1 of Regulation IMC-2016/01.

In the course of the meeting, the IMC Commission dealt with several requests in licensing cases. These requests were related to recommendations for licensing of audiovisual media service providers (AMSP) with broadcasting through distribution operator (DO), recommendations for licensing of distribution operator as well as a request for changing the ownership and one for changing the location of the broadcaster. The licensed cases examined are listed as follows:

• Rahoveci Channel - Decision on licensing of AMSP with broadcasting through DO;
• Drini TV - Decision on licensing of AMSP with broadcasting through DO;
• Artsport 4 - Decision on licensing of AMSP with broadcasting through DO;
• Artsport 5 - Decision on licensing of AMSP with broadcasting through DO;
• Artsport 6 - Decision on licensing of AMSP with broadcasting through DO;
• Advan Tech LLC - Decision on licensing of DO; 
• TV Most - Decision on changing the ownership;
• Radio 7 - Decision on changing the location of the broadcaster;
• 1 TV - Decision on licensing of AMSP with broadcasting through DO;
• TGTV - Decision on licensing of AMSP with broadcasting through DO.

After considering the recommendations of the Executive Office for each of the licensing cases, the Commission concluded that all applications met the IMC legal criteria. Therefore, the Commission decided to approve all applications for AMSP license through distribution operators, for DO license as well as applications for changing the broadcaster location and changing the ownership.

Regarding the process of amending bylaws, IMC based on Article 3, paragraph 2, point 11 of the Law on IMC, has initiated the procedure for drafting the Regulation on the Distribution of Audio and Audiovisual Media Service Providers. As provided by the procedures for the issuance of secondary legislation (Article 8 of Law on IMC, Law No. 04 / L-44), IMC in accordance with the Law, has brought for public discussion the draft Regulation, and the public consultation started on 3 February 2020 and lasted until 30 April 2020. All stakeholders had the opportunity to provide their written comments/remarks on the proposal/amendments to the draft Regulation on Distribution of Audio and Audiovisual Media Service Providers. All grounded comments are incorporated in the draft Regulation.

After reviewing the draft, pursuant to Article 8, paragraph 2 of the Law on IMC No. 04 / L-44, the Commission decided to adopt the Regulation on the Distribution of Audio and Audiovisual Media Service Providers.

Independent Media Commission