The answer is clear: a terrestrial broadcasting licence cannot be transferred. Art. 27/3 of Law No. 6112 says so expressly.
The Text
"An organisation to which the Supreme Council has granted a terrestrial broadcasting licence cannot transfer those licence rights. An organisation deciding not to continue its broadcasting activity returns its licence to the Supreme Council."
| Situation | Consequence |
|---|---|
| Transfer of a terrestrial broadcasting licence | Prohibited |
| A decision not to continue activity | The licence is returned to the Supreme Council |
| Terrestrial capacity vacated at the end of the period | Re-tendered by the Supreme Council |
Can the Company Be Transferred?
The Law prohibits transferring the licence; it limits the transfer of company shares. The ownership rules in Art. 19 come into play here:
| Rule | Content | Subpara. |
|---|---|---|
| Registered shares | Usufruct certificates may not be created | c |
| Privileged shares | Neither domestic nor foreign shareholders may hold them | g |
| Number of holdings | One person may be a direct/indirect partner in at most four terrestrially licensed organisations | d |
| Revenue share | Annual total commercial communication revenue may not exceed thirty per cent of the sector total | d |
| Prohibited partners | Political parties, trade unions, professional organisations, cooperatives, unions, associations, local authorities and capital market institutions cannot be partners | b |
| Foreign share | Direct total foreign capital may not exceed fifty per cent of the paid-in capital | f |
Where the thirty per cent limit is exceeded, a share transfer bringing it below the ratio is made within a ninety-day period given by the Supreme Council; if the decision is not complied with within that period, an administrative fine is applied for each month.
Memorandum Amendments Are Notified
The final sentences of Art. 19/1-a: media service providers may not, even after the licence is issued, insert provisions into their memorandum contrary to the principles in this article, and amendments to the memorandum are notified to the Supreme Council within one month.
The Position in the Print Press
A comparison helps: Art. 9 of Law No. 5187 imposes no prohibition on transferring the right conferred by a periodical declaration. There the issue is lapse rather than transfer: if the publication is not published within one year of the declaration, or if publication is interrupted for three years after it has begun, the declaration becomes void. Rights arising from trade mark legislation are reserved.
| Issue | Radio-TV (Law No. 6112) | Periodical (Law No. 5187) |
|---|---|---|
| Source of the right | A broadcasting licence - tender/application | A declaration - notification |
| Transfer | A terrestrial licence cannot be transferred | No prohibition on transfer |
| Lapse of the right | End of the period, revocation, return | Not publishing for 1 year / interrupting for 3 years |
| Period | Ten years | No time limit |
Summary
- A terrestrial broadcasting licence cannot be transferred; an organisation deciding to stop returns it and the vacated capacity is re-tendered.
- Transferring company shares is not prohibited but is subject to the ownership, revenue share and foreign capital limits in Art. 19.
- Amendments to the memorandum are notified to the Supreme Council within one month.