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Media Study - Medija centar Beograd

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procedure to be heard on the facts which have given cause to the procedure. The<br />

broadcaster’s representative has the right to attend the Council session at which the<br />

revocation of the licence is discussed and to orally plead the broadcaster’s defence at that<br />

opportunity.<br />

The Council decision on revoking the broadcasting licence shall be reached by a twothirds<br />

majority of all the Council members.<br />

The decision in para 3 of this Article must be duly reasoned.<br />

The broadcaster, whose broadcasting licence has been revoked, has the right to file an<br />

objection to the Council within eight days after the Council has delivered it the decision.<br />

The objection stays the implementation of the decision.<br />

An administrative lawsuit may be launched against the Council decision on the objection.<br />

The broadcaster shall forthwith obey the final Council decision on licence revocation,<br />

and if it fails to comply, the procedure of forced Council decision execution shall be<br />

applied in keeping with this Law.<br />

Broadcasting Licence Revocation as a Sanction for Violating Broadcaster<br />

Obligations<br />

Article 63<br />

The Council shall pronounce a temporary broadcasting licence revocation lasting up to 30<br />

(thirty) days against a broadcaster which, despite the warning pronounced in terms to<br />

Article 18 of this Law, continues failing to abide by the provisions of this Law or<br />

regulations passed on the basis of it or does not abide by the terms embodied in the<br />

broadcasting licence or does not act pursuant to measures for remedying the violations<br />

specified in the Council warning.<br />

The permanent revocation of a broadcasting licence shall be pronounced against a<br />

broadcaster which has not fulfilled its obligations and has previously been punished at<br />

least three times by temporary broadcasting licence revocation.<br />

Broadcasting Licence Expiration<br />

Article 64<br />

A broadcasting licence shall no longer be valid upon expiration of the term for which the<br />

broadcasting licence was issued unless the Agency has reached a decision on its<br />

extension in keeping with Article 59 of this Law.<br />

Procedure of Forced Execution of Council Decision<br />

Article 64a<br />

The Council decision on licence revocation, or on prohibition of programme<br />

broadcasting, shall be delivered forthwith to the broadcaster, or the natural or legal<br />

person broadcasting the programme without the broadcasting licence.<br />

If the authorised person of the broadcaster, or the natural person or the authorised person<br />

of the legal person broadcasting the programme without the licence, refuses to receive the<br />

Agency decision referred to in para 1 of this Article, that decision shall be deemed<br />

delivered when attached by the Agency's authorised person to the entrance door of the<br />

business premises used by the broadcaster, or the natural or legal person broadcasting the<br />

programme without the licence.<br />

The broadcaster whose broadcasting licence has been temporarily or permanently<br />

revoked, as well as the legal or natural person broadcasting the programme without the<br />

licence, shall cease broadcasting the programme immediately after the Council decision<br />

on licence revocation or the decision on prohibition of programme broadcasting becomes<br />

final.<br />

If the broadcaster, or the natural or legal person broadcasting the programme without the<br />

licence, does not cease broadcasting the programme themselves within the time limit<br />

referred to in para 3 of this Article, the Council decision shall be executed by the person<br />

employed with the Agency and authorised by the Council, by sealing the premises<br />

containing the telecommunication equipment of the broadcaster, or the natural or legal<br />

person broadcasting the programme without the licence, including the radio station.<br />

The person authorised for forced execution of the Council decision shall be issued an<br />

identification card which that person shall present to the broadcaster's authorised person<br />

or other interested person, or the natural person or the authorised person of the legal<br />

person broadcasting the programme without the licence, when entering their business<br />

premises for the purpose of forced execution of the Council decision.<br />

The contents and form of the identification card referred to in para 5 of this Article shall<br />

be prescribed by the Council.<br />

In executing the procedure referred to in para 5 of this Article, the Agency shall be<br />

entitled to seek help of the Ministry of Interior, if needed.<br />

Revision of Terms Set in the Radio Station Licence<br />

Article 65<br />

The terms set in the radio station licence may be revised by the telecommunications<br />

regulatory authority during the work of that radio station only in keeping with a separate<br />

180

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