LAW

No. 8410, dated 30.09.1998

ON PUBLIC AND PRIVATE RADIO-TELEVISION

IN THE REPUBLIC OF ALBANIA

Based on article 16 of Law No. 7491, dated 29.04.1991 "On the Main Constitutional Provisions," upon the proposal of a deputies group

THE PEOPLE’S ASSEMBLY

OF THE REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I

GENERAL PROVISIONS

Article 1

The Object

This law regulates the activity of the public and private radio and television in the territory of the Republic of Albania.

Article 2

Radio-Television Activity

Radio-television activity includes production, broadcast and rebroadcast of programs and information of any kind by means of sound, image, coded signals, writing, intended for the public via electromagnetic waves, cables, repetitiors, satellites or any other means.

Article 3

Legal Basis for Radio-Television Operation

Radio-television activity is conducted in conformity with Law No. 7491, dated 29.04.1991 "On the Main Constitutional Provisions," international acts ratified by the Republic of Albania, provisions of this law, Law No. 8288, dated 18.02.1998, "On the Telecommunications Regulatory Entity," Law No. 7564, dated 19.05.1992, "On Copyright," amended by Law No. 7923, dated 19.04.1995, as well as other legal provisions effective in the Republic of Albania.

In order to be able to exercise a private radio-television activity, any physical or juridical person is provided a license.

Article 4

The Fundamental Principles for the Conduct

of Radio-Television Activities

Radio-television activity is free.

Radio-television activity shall observe in an unbiased manner the right to information, political opinions and religious faith, personality, dignity, privacy of human beings, as well as their fundamental freedoms and rights. This activity especially observes the rights, interests, moral and legal requirements for the protection of minors.

Radio-television activity shall not infringe the public order, national sovereignty and integrity.

Article 5

Editorial independence is guaranteed by law.

Hiring, promotion, as well as the rights and obligations of the employees of public and private radio and television shall not be determined by their sex, origin, political beliefs, religious faith, or membership in trade unions.

CHAPTER II

THE NATIONAL COUNCIL OF RADIO-TELEVISION

Article 6

The National Council of Radio-Television

A National Council of Radio-Television (NCRT) shall be set up for the regulation and supervision of radio-television activity in the Republic of Albania, which is an independent body acting on the basis and for the enforcement of the provisions of this law.

Article 7

Competencies

The National Council of Radio-Television has the following competencies:

1. It controls the implementation of this law and other laws on media by the entities exercising private or public radio-television activities in the territory of the Republic of Albania.
2. It monitors informative programs broadcast by national radio-television operators. When deemed necessary, the NCRT monitors even informative programs broadcast by local radio-television operators.
3. The National Council of Radio-Television requires that the Telecommunications Regulatory Entity (TRE) to determine the number of frequencies available for local and national radio-television activities.

TRE shall respond in writing to the National Council of Radio-Television within 30 days and make available to the latter frequencies for radio television activities.

NCRT issues the license for radio-television broadcasts, based on the frequencies approved by TRE.

4. It guarantees a fair competition in the field of electronic media, ensuring at the same time the existence and further development of the Albanian public radio-television.
5. It issues to and revoke licenses from private subjects for the broadcast of radio-television programs, including teletext, in the territory of the Republic of Albania and supervise the observation of conditions defined in the contract. The examination of the applications for licenses is conducted in a public manner. The decisions for granting or revoking licenses are published in the Official Gazette.
6. It shall draft the regulation on the criteria for granting licenses in compliance with this law. It shall organize a transparent grant of licenses and guarantee equal treatment of applicants. It announces the reasons for the refusal, suspension or revocation of the license and examines the complaints of the party claiming to have been affected who, in any case, may file a complaint at the respective court.
7. It shall grant licenses for the installment of radio-television responders of foreign programs in various areas of the country.
8. It shall grant licenses for the rebroadcast by foreign radio and television in the territory of the Republic of Albania for the public in Albania.
9. It shall issue authorizations to the Albanian private and public operators for broadcasts from Albania to other countries (third parties), in compliance with international conventions.
10. Determines the norms for the production and broadcast of the public and private media, related to various aspects of the implementation of this law.
11. Decides the application of sanctions provided by this law, against the subjects that violate these provisions, as well as, as the case may be, demands the intervention of other bodies according to their competencies.
12. Keeps records, files and archives of licenses, as well as related documentation reflecting all subsequent changes.
13. Demands from the state administration, courts, banks and other relevant bodies, as well as from the office holders of the licensed subjects, any information it deems necessary to check the accuracy of data provided by the applicant for the license before the license is granted or at any other moment. Release or publication of this information to the public is forbidden.
14. Offers opinions on the future of radio-television activity.
15. Expresses officially its opinion on the signing and correct enforcement of international agreements related to radio-television broadcasting.
16. Participates in international activities dealing with the strategy and perspectives of the development of radio-television, representing Albania, and supports the participation and cooperation of public and private subjects with analogous European and world organizations in the sphere of radio-television programs and transmissions. It develops studies with recommendations on Albania’s stand in international government talks on radio-television broadcasting.
17. Suggests changes to legislation and regulations, which are dictated by the technological, economic, social and cultural evolution in the field of electronic and mass media.
18. Develops the organizational structure and internal rules of procedure of the administration of the Council.
19. Reports at the beginning of each year on its annual activity and the manner in which the public and private networks have observed the obligations emerging from this law. The report is submitted to the People’s Assembly’s Permanent Parliamentary Commission for the Public Information Media, and if so demanded, to the whole People’s Assembly. A copy of the annual report is sent to the President of the Republic and the Prime Minister.
20. In cooperation with TRE it checks the quality of signal reception in the licensed areas and demands solutions to public complaints with regard to the quality of the transmission of radio-television signals.

 

Article 8

Composition

The National Council of Radio-Television is composed of the chairman, deputy chairman, and five members who are personalities from the social, cultural, legal, economic, educational, media, and technical sphere of radio-television. It acts independently.

The financial budget of the National Council of Radio-Television is covered by the state, to the extent its normal functioning is allowed. The chairman and deputy chairman of the NCRT receive the same salary as the chairman and deputy chairman of the Cassation Court. Once they are elected, the chairman and deputy chairman become employees of the NCRT. The remuneration of the members of this Council is determined by a decree of the Council of Ministers.

Article 9

Election

The members of the National Council of Radio-Television are elected by the People’s Assembly for a five-year term, and for no more than two successive terms. The President of the Republic proposes to the People’s Assembly one candidate, while the other six candidates are proposed by the Permanent Parliamentary Commission for the Public Information Media, representing equally the ruling and opposition parties in the parliament.

The chairman of the National Council of Radio-Television is elected by the People’s Assembly among its seven members and on the basis of two candidates proposed by secret ballot by the NCRT.

The deputy chairman of the National Council of Radio-Television is elected by secret ballot between two candidates from among the members of the NCRT.

The duration of the term of the first elected chairman and deputy chairman shall be six years, in order to ensure better continuity of the functioning of the NCRT for the five-year rotation of members in the terms to follow.

Article 10

Organization

The National Council of Radio-Television has its administration, which conducts all the necessary preparatory and administrative activities in the service of the Council.

The structure, number of employees, organization of the activity, competencies, rules, and criteria for employment and remuneration are determined by the NCRT based on the legislation in force. The remuneration of the NCRT administration is approved by the Council of Ministers.

Article 11

Funding of the NCRT

Funding sources for the NCRT are:

• income from payment of licensing fees;
• income from annual taxes on radio-television broadcast licenses, provided in the fiscal laws;
• five percent of the annual income tax of licensed subjects;
• the initial fund – a grant accorded by the Council of Ministers for the initiation of the activity after the nomination of the NCRT members;
• state budget funds;
• donation.

Article 12

The NCRT keeps accounts of income and expenses in compliance with the Albanian Accountancy Legislation.

Article 13

The NCRT may also benefit from financial or material donations. Donations must be accepted unconditionally and used for work purposes as assessed by NCRT. Donations must be declared and recorded in a register that NCRT keeps especially for this purpose. By the end of the year, NCRT has the obligation to send a copy of the register, entries and expenses, to the High State Audit and another copy to the Permanent Parliamentary Committee for the Public Information Media. The register must contain the type, size and time of the assistance, the donor, and the manner the donation was delivered. The register must have the identity and signature of the donor.

Article 14

Incompatibilities

Members of the National Council of Radio-Television are not allowed to:

1. be members of political parties and associations, members of parliament or of the government, nor declare publicly or act in their interest;
2. be members of anonymous companies related to the mass media or represent commercial interests that run contrary to their function;
3. have financial interests that are related to radio-television broadcasting through ownership, employment, or commercial relations;
4. protect the interests of a company or firm producing audio-visual materials, press publications, advertisements or telecommunications.

The obligations foreseen in points three and four shall continue to be in force for one year after the completion of the term of NCRT members.

Employees of the administration of the National Council of Radio-Television shall not be members of managing boards of public and private broadcasting networks, shall not be licensed for radio-television broadcasting, shall not protect the interests of a subject that has been granted a license, or exercise functions to the subject’s service.

Article 15

Release from Duty

1. The chairman, deputy chairman, and any member of the NCRT may be released from duty by the electing body when:

• he/she is sentenced by a final court ruling;
• becomes incapable to perform the duty due to illness;
• he/she is absent from more than one-third of the meetings of the Council held in a year;
• there is evidence that they do not meet the obligations of article 14.

2. The officers and members of the NCRT can offer their resignation in writing at any time.
3. In each case of release from duty, a substitute is elected following the procedure of the nomination for a term equal to the time left to the predecessor he/she replaced.

Article 16

Obligation of Confidentiality

Members of the National Council of Radio-Television and administration employees are obliged to keep professional confidentiality with regard to facts, information and acts that they have been notified because of the duty they perform. Violations in this respect are punishable in conformity with legal provisions.

Article 17

The Quorum

Meetings of the National Council of Radio-Television shall be held only in the presence of not less than four members and decisions are valid when they are issued by the relative majority of the votes of those present.

CHAPTER III

THE COMPLAINTS COUNCIL

Article 18

1. The Complaints Council for the Radio-Television is an advisory body set up at the NCRT.

The Complaints Council is appointed by the National Council of Radio-Television.

This Council is composed of the chairman and two members, experts in the field of the media, who are appointed for a three-year period with the right to be reelected once.

2. The subject of the activity of the Complaints Council is to sensitize the public to ensure that public and private radio-television entities implement moral and ethical norms in their programs in a responsible way.

3. The Complaints Council oversees especially those public and private radio and television programs that display abuse of violence, sex, and dignity. For this purpose, the Council has the right to demand and examine any audio-visual materials, only after it has been broadcast, when it deems this necessary for the subject of its work.

4. Complaints against public and private Radio-Television programs that are contested by public opinion are examined by the Complaints Council within two months from the broadcast date.

5. The Complaints Council conducts opinion polls on moral and ethical issues of public and private radio-television programs. Conclusions reached from the polls and the public complaints are forwarded to the National Council of Radio-Television, as well as to all public information electronic media, which are obliged to publish these conclusions. Conclusions are published twice a year in a special bulletin.

6. The remuneration of the members of the Complaints Council is determined and paid by the NCRT.

CHAPTER IV

LICENSING

Article 19

The License

Licenses for radio-television broadcasting serve as permission to install technical equipment and grants the private subject the right to broadcast. It must contain the requirements of article 23 of this law, the rights and obligations of the subject that asks to be licensed, and determine the technical and programming conditions necessary to perform broadcasting.

The license authorizes the use of national or local broadcast networks, and determines the working frequencies, power, locality, area covered as well as other elements provided in this law, in Law No. 8288, dated 18.02.1990, "On the Telecommunications Regulatory Entity," as well as the agreements signed for this purpose by TRE and the National Council of Radio-Television.

Article 20

General Licensing Provisions

Licenses are of two types: national and local.

Licenses for radio-television broadcasting at the national level are issued to shareholding companies established in the territory of the Republic of Albania with the exclusive aim of conducting radio and television activities. The shares that represent the capital in a radio-television license holder company should be nominative.

No natural or legal personality, foreign or native, can hold more than forty percent of the total capital of the company. The routine and extraordinary meetings held by the assembly of the shareholding company only on the subject of the radio-television activity of the said company, shall be valid only if no less than two-thirds of the shareholders are present.

A legal or natural person that holds shares in a national radio-television company is not allowed to hold shares, directly or indirectly, in a second national radio-television company.

Licenses for radio-television broadcasts are issued to natural and legal personalities and non-profit organizations. The license is not issued to a subject for more than two local broadcast zones. Licenses for local broadcasts in urban areas of more that 200,000 inhabitants are not issued to natural persons.

Holders of the license for a national radio-television broadcast shall cover more than seventy percent of the territory of the country. Within six years, this coverage of the territory should reach ninety percent.

The holder of the license for local radio-television broadcasts should cover the area of the district according to technical parameters as determined by TRE for each district.

Any natural or legal subject, either local or foreign, that is a candidate to obtain a license for radio-television activity is prohibited from borrowing another name, in any manner.

Article 21

The Procedure of Issuing the License

The license is issued by the National Council of Radio-Television, which organizes for this purpose a competition of candidates based on the applications submitted. The winning candidates shall be publicly announced.

The Albanian public radio-television does not need a license.

Article 22

Validity of the License

The broadcast license is inalienable and is valid only for the subject to which it has been issued. If the license holder enters into civil juridical relations, the subject of which is also the licensed radio-television activity, then the cessation or delegation of the rights emerging from the license require the approval of the National Council of Radio-Television. The subject that has earned these rights is granted the approval in the form of a new license of the same content. When the Council does not approve of the delegation for reasons provided by this law, it offers the frequencies held by this license for a new competition of candidates.

Article 23

Applying for License

The application for receiving a radio-television broadcasting license includes:

1. name, location, legal form of the subject making the application together with the name and signature of the person that has the right to represent it;
2. documents certifying official and bank information on the financial capital of the natural or legal person that files the application;
3. the name of the program and the broadcast station;
4. the object and the general characteristics of the service, information about the duration of programs and the territory they will cover, as well as the technical plan for the installation and use of the equipment;
5. the contract signed with "The Authors’ Association" for the implementation of Law No. 7564, dated 19.05.1992, "On Copyright," amended by Law No. 7923, dated 19.04.1995;
6. the list of administrators, forecasts of expenses and incomes, the origin and amount of foreseen funding for the duration of the license;
7. the nominal list of the members of the Board of Directors and their curriculum vitaes. The minimum number of the Board members for each licensed subject is provided in the NCRT regulation;
8. the content of the programs to be broadcast and the programming structure proposed for broadcasting, which clearly demonstrate pluralism in their entirety and impartiality of information;
9. the ratio between broadcast time of company-produced programs, locally produced programs and other programs.

Article 24

Decision to Grant License

The decision to grant or not to grant a license is announced within ninety days after the deadline for submitting the applications.

For approved applications, the decision contains the contents and quality of programs, in compliance with this law, the technical broadcasting conditions, deadlines, and yearly taxes to be paid by the license holder.

The decision to grant the license is published in the next issue of the Official Gazette of the Republic of Albania.

The license holder shall be registered with the tax authorities.

Article 25

Duration of the License

The national radio-television broadcasting license is granted for a period of up to six years for radio broadcasting and up to eight years for television broadcasting, starting from the day of the publication of the decision in the Official Gazette.

The local radio-television broadcasting license is granted for a period of up to three years for radio broadcasting and up to five years for television broadcasting.

The request for renewing the license is made ninety days before its expiration date. The National Council of Radio-Television decides whether to renew the license or announce the competition among candidates, if the license holder has not abided by the law.

Article 26

Refusal to Grant a License

The license is denied to:

1. people who have been deprived of their ability to act by a final court ruling;
2. parties, political and religious associations, and state authorities of all levels;
3. public entities of economic character, as well as credit institutes.

Article 27

Radio-Television Licenses

The same subject may be granted both local radio and television broadcasting licenses in the same territory.

Article 28

Financial Preconditions for Granting the License

The NCRT shall verify whether the declared and signed financial capital is able to meet the needs of the technical and programming project presented in the license application.

Article 29

The Program Content Precondition

In order to be granted a local (zonal) license, at least fifteen percent of the weekly programs must be intended for information and programs related to local conditions, but which must not be commercial in character.

Article 30

Obligation to Notify Changes

The license holder must notify the National Council of Radio-Television in case of any changes in the information presented in the application for a license, or failure to fulfill the conditions of the license, explaining the respective reasons, at least preliminarily, and in any case, not later than fifteen days after the changes have occurred. If the changes are considered, the respective expenses are paid by the interested party.

Article 31

Obligatory Changes in the Licensing Conditions

The National Council of Radio-Television may change the conditions mentioned in the license even without the approval of its holder, when these changes are dictated by the observation of international conventions signed by the Republic of Albania, providing the time needed to implement the changes, if this is possible. In this case expenses are paid by the NCRT.

Article 32

Commencement of Broadcasting

Broadcasting on the basis of the granted license commences only after the technical inspection of the project and equipment by the National Council of Radio-Television which officially confirms, in writing, the consistency of the licensing conditions with the actual conditions.

Article 33

Invalidation of the License

The license becomes invalid when:

1. the license has expired and has not been renewed;
2. the license holder relinquishes in writing the right to hold the license;
3. the National Council of Radio-Television has made a decision to revoke the license on the basis of the competencies given to it by this law;
4. the applicant does not take the license or assume financial obligations provided by law 60 days from the moment he/she has been officially notified of its approval.

Article 34

Revoking the License

The National Council of Radio-Television has the right to revoke the broadcasting license when:

1. it has been granted as a result of false data presented to obtain the license;
2. the conditions under which the license has been granted are not met;
3. there is a serious violation of the obligations provided for in this law or other legal obligations related to program broadcasting in compliance with article 137 of this law;
4. broadcasting has not started after the decision to grant the license is in effect for a time period of:

1. one hundred eighty days for local radio broadcasting;

two hundred seventy days for local television broadcasting;

2. one year for national radio broadcasting;

one year and a half for national television broadcasting;

1. after broadcasting has begun, the broadcaster does not broadcast for 30 days, not including interruptions for technical reasons that do not depend on the license holder;
2. changes have occurred with the license holder making it impossible to meet the conditions defined in the contract;
3. the property of the license holder is available for auction.

When the broadcast license is revoked, the license holder is obliged to return it, without asking for compensation from the National Council of Radio-Television.

 

CHAPTER V

RADIO-TELEVISION PROGRAMS

Article 35

The Radio-Television Program

A radio-television program is called the entirety of programs broadcast by a given station. Public radio-television broadcasts programs of informative, educational, cultural, artistic and entertaining character.

Censorship of radio-television programs is prohibited.

Radio-television programs observe the restrictions provided in the law and in article 10 of the European Convention on the Protection of Fundamental Human Rights and Freedoms and the Chapter "On Fundamental Human Rights and Freedoms" of the Constitutional Provisions of the Republic of Albania.

Article 36

Public and private radio and television programs respect the personal dignity and fundamental human rights, impartiality, entirety, truthfulness and pluralism of information, rights of children and teenagers, public order and national security, the Albanian language and culture, constitutional and human rights of national minorities in compliance with international conventions signed by Albania, the religious diversity in Albania.

Article 37

The use of the Albanian language is obligatory for all programs, except musical works with lyrics in a foreign language, foreign language teaching programs, the programs intended specifically for national minorities, and programs of local radio-television subjects licensed to broadcast in the language of minorities.

Films in the original version broadcast on national channels must be accompanied by translation or dubbing in the Albanian language. For local radio-television stations this obligation comes into effect one year after receiving the license.

Public and private radio-television reflect in their activity a language culture that conforms to the accepted national literary language norm.

Exempted from this obligation are radio-television subjects otherwise licensed.

Article 38

Programs Prohibited by Law

It is prohibited to broadcast on radio-television programs that promote violence, national, religious, or racial hatred, anti-constitutional activity, territorial division, political or religious discrimination.

Also, it is prohibited to:

1. broadcast information that is considered a state secret according to the law, and which can harm national security;
2. broadcast information affecting the private life of citizens;
3. broadcast coded information against the fundamental interests of the state;
4. produce and broadcast pornographic programs.

Article 39

Broadcasting Information Free of Charge

The National Council of Radio and Television defines by way of a regulation messages of social benefit or of great interest for the general public that public and private radio and television networks are compelled to broadcast free of charge.

State and local administration bodies have the right to ask the license holders of local private radio and television broadcasting to broadcast without payment short announcements of special interest for the public in the areas where they broadcast and that are specifically related to health, natural disasters and order.

The broadcasters are not responsible for the content of these messages.

Article 40

Duration of Broadcast for Private Stations

Broadcasting of programs by local private radio-television stations must have the following duration:

1. Not less than 6 hours a day for radio broadcasting;
2. Not less than four hours a day for television broadcasting;

Broadcasting of programs by private national radio-television stations must have the following duration:

1. Not less than 10 hours a day for radio broadcasting;
2. Not less than 6 hours a day for television broadcasting.

Simple rebroadcasts or fixed pictures are not considered programs.

Article 41

News Broadcasting

Public and private national radio and television stations must broadcast news every day.

The news and information broadcast by radio and television operators in their newscasts shall present the facts and events in a fair and impartial way, shall promote the formation of free opinions and shall not serve the interests of any political party or organization, economic group, and religious association or community in a biased way.

Article 42

News recording and archiving

Public and private national radio-television stations must broadcast news everyday.

News and information broadcast by radio-television operators in their newscasts, present facts and events in a free and impartial manner, promote the free formation of opinions and shall not serve in a biased way the interests of any political party or organization, economic group, and religious association or community.

 

Article 43

Broadcast of Films

Works of cinematography (with the exception of those cases of agreement between the broadcaster and the copyright holder) may be broadcast by television stations only two years after the premiere of the work in the theaters of the country of origin. For works produced in cooperation with television companies, this deadline is reduced to one year, unless otherwise provided in the agreement.

Films and programs that are prohibited in theaters must not be shown on television.

Films prohibited for children under fourteen years of age must not be shown on television, not even in part, from 6:00 am to 2:00 am of the following day.

Broadcasting of films observes the requirements of Law No. 8096, dated 29.04.1996, "On Motion Pictures" as well as Law No. 7564, dated 19.05.1992, "On Copyright," amended by Law No. 7923, dated 19.04.1995.

Article 44

Confidentiality of Sources of Information

Confidentiality of sources of information (including materials researched by journalists) is guaranteed. They are disclosed only in special cases as provided in the law.

Article 45

Responsibility for the Broadcast Program

The journalist or person responsible for the material broadcast by private or public radio-television, have criminal or civil responsibility, as the case may be, when the falsity of the broadcast information or program causes moral or material damage to private or legal persons.

Article 46

Informative Press Review

Informative reviews of daily and periodical press on radio-television programs shall be broadcast only with the permission of the publisher of each press organ.

 

Article 47

The Right of Rebuttal

The person whose moral and material interests are affected by the broadcast of false information has the right to ask the radio-television broadcaster, private or public, to broadcast a rebuttal on radio or on television respectively.

The rebuttal is aired free of charge in the next edition of the same program or category of programs.

The rebuttal must be signed by the interested party or his legal representative and contain only the facts which he believes affect him.

The party demanding the right to rebuttal shall provide evidence that the information broadcast about him is false and his legitimate interests have been harmed.

The right to rebuttal is not granted when the facts that the person thinks affect him have emerged in the sessions of the People’s Assembly or in a court of law.

The right to rebuttal may be refused when:

1. the interested person does not have any legitimate interest in its publication;
2. the rebuttal is much longer than the qualifying statement for which the rebuttal is made;
3. the demand for rebuttal is not made within 2 months from the date of the broadcast of the statement that is being rebutted.

The refusal of the right to rebuttal for the above reasons is provided in writing.

In cases of failure to observe this right, the person responsible for the program is punished according to the sanctions foreseen in this law.

The refusal of radio and television stations to broadcast the rebuttal may be subject to appeal to the NCRT. Both parties may contest NCRT rulings in a court of law.

Article 48

Annual Balance Sheets and their Content

Public and private radio-television operators are obliged to develop their annual balance sheets, which are submitted to the NCRT. They contain information on the broadcast programs, their prices in case of purchase, or the amount spent in case of original productions, information about the broadcast advertisements, or other activities and the respective income, sponsorships, as well as the list of financial supporters or donors and the respective amounts, and any other payment made for the benefit of the public or private radio-television subject.

In case of false indicators in the balance sheet, the person responsible is held criminally accountable.

 

CHAPTER VI

COMMERCIALS

Article 49

Commercials are any messages that aim at promoting the sale and purchase of goods or services, by presenting an idea to achieve the desirable effect for the advertiser, which has been allocated broadcast time in return for payment or another form of reward.

Article 50

Advertising Conditions

Radio-television broadcasters are obliged to ensure that the commercials:

1. be spoken in Albanian or have Albanian subtitles;
2. be fair and do not damage others;
3. are not deceitful and do not prejudice the interests of consumers;
4. are not announced by the usual news anchors or program announcer(s).

Subliminal commercials (that act in the viewer’s subconscious and because of the speed of transmission are not perceived by the human senses) are prohibited.

Article 51

The Form of Commercial Presentation

Commercials are broadcast between and within the various programs, as well as in special programs (commercial programs).

In radio, the broadcast of commercials is clearly separated from other parts of the program by acoustical means, while in television, with the aid of optical and acoustical means. In principle, they are broadcast in blocks.

The broadcast of commercial programs is allowed provided that the advertising character of the program is clearly stated and advertising is an essential part of it.

The commercial program is announced as such at the beginning of the program and in the end features the note: "Commercial Program."

 

Article 52

Insertion of Commercials

Commercials may be inserted between programs as well as, in the cases described below, in the body of programs, provided that they do not damage the integrity and value of the programs.

With regard to programs composed of independent parts, cultural and sports programs, or similar events that contain intervals, the commercials are inserted only between the parts or in the intervals. In other programs, commercial interruptions shall not occur earlier than 20 minutes from the previous interruption.

Film broadcasting (excluding documentaries), when their duration is longer than 45 minutes, may be interrupted once for every complete 45-minute period for commercials that do not surpass two minute blocks. The other interruption is allowed if the film continues for at least 20 more minutes after two or more 45-minute periods.

Commercials are not inserted in any broadcasting of religious services.

Newscasts, documentaries, and children’s programs that continue for less than half an hour are not interrupted by commercials.

Article 53

Duration of Commercial Broadcasts

The duration of commercial broadcasting on television must not exceed 15 percent of the daily broadcast time.

The duration of television commercials in a given broadcast hour must not exceed 12 minutes.

The duration of radio commercials must not exceed 10 percent of the total broadcast time.

The requirements of this article are obligatory for public radio and television stations.

Article 54

Commercial Archiving

Broadcast commercials are stored according to the order of their recording, for one year from the date of broadcasting.

 

Article 55

Restricting Provisions for Commercials

Radio and television shall enjoin from broadcasting:

1. commercials that influence the content of the programs;
2. commercials that encourage pornography and violence;
3. commercials of tobacco products;
4. commercials of armaments and military equipment;
5. indirect commercials;
6. religious or atheistic commercials;
7. commercials of food products that are not approved by the competent bodies, based on article 19 of Law No. 7941, dated 31.05.1995, "On food products;"
8. commercials of political parties or associations, except for cases provided by law;
9. other commercials that violate the laws in force.

Article 56

Protection of Minors

It is prohibited to broadcast on radio or television commercials encouraging behavior that endanger the health and the normal psychic development of children.

Commercials intended for children or created with the participation of children must avoid anything damaging the interests for their age.

Article 57

Commercials of Alcoholic Beverages

Commercials for alcoholic beverages of all kinds must observe the following conditions:

1. They must not specifically address children, and children are not allowed to appear in

commercials holding alcoholic beverages in their hands or in any other way;

2. Consumption of alcohol must not be advertised in connection with physical training,

energy, or as having therapeutic value;

3. The alcohol percentage in the advertised beverages must not be praised;
4. Overconsumption of alcohol must not be advertised.

 

 

Article 58

Commercials of Medicines

It is prohibited to broadcast commercials of medicines or medications that are only prescribed by doctors.

It is prohibited to broadcast medicines that are not produced and approved according to Law No. 7815, dated 20.04.1994, "On Medicines."

Commercials of medicines must accurately and fully present their effects only according to the information and verification declared by the competent bodies and the respective laws.

 

CHAPTER VII

SPONSORSHIP

Article 59

Sponsorship

Sponsorship is the direct or indirect financial contribution of a legal or natural person to a radio-television program, with a view to promoting the name, production company, or image of this person.

Any sponsorship shall be effectuated in conformity with the legislation in force.

Article 60

Presentation of Sponsorship

When a program or series of programs is partly or fully sponsored, this must be clearly identified in the respective titles at the beginning and/or end of the program.

Article 61

Independence from Sponsor

In no case may the sponsor interfere with the contents and scheduling of sponsored programs to influence the editorial responsibility and independence of the sponsored program.

 

Article 62

Sponsor Restrictions

The sponsored radio-television programs shall not make special references to promote the sale, purchase, lease, and preference for the sponsor’s services or services of a third party.

Article 63

Prohibition of Sponsorship

Programs shall not be sponsored by judicial or physical persons, when their principal activity is the manufacture, sale, or provision of services, whose advertisement is prohibited by this law.

Newscasts and coverage of the events of the day shall not be sponsored.

CHAPTER VIII

ALBANIAN PUBLIC RADIO-TELEVISION

Article 64

Name and Location

The Albanian public radio-television is the institution that renders public services in the field of Radio-Television.

The activity of the Albanian public radio-television is regulated by this law.

Article 65

- The name of the Albanian public radio-television is the Albanian Radio-Television.

- The acronym of the name of the institution is ART.

- The name of the Albanian Public Television is the Albanian Television (acronym: ATV).

- The name of the Albanian Public Radio is the Albanian Radio (acronym: AR).

- The ART head office is in Tirana.

- The Albanian Radio-Television (ART) also includes regional radio-television stations in the territory of Albania.

 

Article 66

Statement of Purpose

As a broadcaster dedicated to the highest ideals of broadcasting of national public service, ART shall conduct high quality radio-television services to inform, educate and entertain the public, serving all the groups of society, including national minorities.

It shall be committed to honest and impartial coverage of national and international news.

It shall create programming that shall transmit to listeners and viewers of all ages the diversity of Albanian life. ART develops high quality programs with values that enrich people’s mental and spiritual world.

Article 67

ART Radio-Television Programs

The radio-television programs of ART are developed in conformity with the statement of purpose and the requirements of article 36 of this law, as well as its professional standards.

In addition to meeting the requirements of article 36, ART also aims at:

- promoting Albanian culture and Albanian literary and artistic creativity, by promoting the freedom of artistic creativity in various forms;

- educating and developing manners/culture of Albanian language according to the rules of orthography.

Article 68

The ART program on broadcasts by the central and regional offices ensures:

- a diversity of political, social, cultural and entertainment information from the country and the world,

- providing information from the whole territory of the Republic of Albania,

- providing information for national minorities,

- providing information for audiences outside the country.

Article 69

The ART programs are broadcast by ground, satellite, and cable transmitters. ART can provide services by using the latest broadcast technology.

Article 70

ART broadcasts include:

- two national television programs;

- three national radio programs;

- programs of the regional radio-television stations;

- one satellite radio program;

- one satellite television program.

Article 71

The national ART programs shall cover a territory that is inhabited by at least 90 percent of the citizens of the Republic of Albania.

Within five years from the approval of this law, at least one of the ART programs shall cover 99 percent of the population.

Article 72

ART Productions

The ART productions, coproductions, and production of ordered programs shall make up at least 50 percent of its broadcast time.

Article 73

Ordered production is part of the ART programs. The orders are created by independent producers and agencies licensed to produce audio and video programs or movies.

Article 74

ART offers public competition for the ordered programs, according to the program structure.

Article 75

The means for ordered productions will be defined in the statute of the ART.

 

Article 76

ART has the right to use up to 25 percent of its production budget for ordered audio-visual works.

Article 77

The Rights and Obligations of ART

ART has priority in the broadcasting of the following events:

- Olympic Games;

- European and world soccer and athletic championships;

- qualifying matches of international cups and championships, where national teams

participate;

• any other kind of cultural or sports activity, national or international, of special

interest to the public.

Article 78

ART prepares news chronicles and information reports without being obliged to pay the organizers of the activities.

Article 79

ART implements the full recording of the sound track and picture of the programs it broadcasts. These recordings are stored for a period of not less than three months.

Article 80

ART Obligations toward State, Public and Private Institutions

ART broadcasts the sessions of the proceedings of the People's Assembly provided for in respective legislation for elections and referenda.

Article 81

During election campaigns and referenda, ART allocates free broadcast time to the participating parties according to the time limits defined in the respective laws on elections and referenda.

 

Article 82

ART allocates free broadcast time needed by religious institutions for the broadcast of ceremonies celebrated on days that the law defines as official holidays.

Article 83

The full responsibility for the content of the messages provided for in articles 80, 81, and 82 rests upon the subject who is given broadcast time.

The General Director of the ART suspends the broadcast of these messages in cases when their content violates clearly and seriously the laws in force. The Leading Council decides whether to broadcast the messages suspended by the General Director.

Article 84

ART shall not conduct political and religious propaganda.

Article 85

ART makes available to other radio-television operators facilities that are under its ownership for the installation of broadcast equipment on the basis of bilateral agreements and contracts.

The means, including the guarantees for fair competition among radio-television operators, are provided by the NCRT regulation, in compliance with article 7, point 4 of this law, and the statute of ART.

Article 86

The Leading Bodies

ART leading bodies are:

1. the Leading Council;
2. the General Director;
3. the Managing Board.

 

Article 87

The Leading Council

Composition and Procedure of Nomination

The members of the Leading Council are public personalities from various fields, such as, culture, art, movies, journalism, law, economy, public relations, international relations, from the universities and the Academy of Sciences, radio, television and technical experts.

Article 88

The ART Leading Council is composed of 15 members who are nominated by the People's Assembly.

Candidates are proposed by the Permanent Parliamentary Commission of the Public Information Media.

The Commission submits to the People’s Assembly the list of twice as many candidates, according to the following representation of parties, institutions and non-governmental organizations:

1. Six members are elected among twelve candidates proposed by political forces, according to their representation in the People’s Assembly.
2. One member among two candidates for each of the following categories proposed directly by:

• The University of Tirana;
• The Academy of Sciences;
• writers and artists’ associations;
• leading forum of NGOs;
• journalists’ associations;
• representatives of trade unions;
• representatives of youth NGOs;
• representatives of women’s NGOs;
• representatives of national minorities.

 

Article 89

Members of the Leading Council, according to article 88, point 2, are voted for in the People’s Assembly after the competent subject, which has the right to appoint its representative to the Leading Council of the ART, has submitted to the Permanent Commission for Public Information Media its decision with 2 candidates signed by the executive official.

Article 90

Incompatibilities

Members of the ART Leading Council shall not be members of parliament, ministers, high government officials, or members of leading forums of political organizations.

Members of the ART Leading Council shall not be employees of the ART and should not have been employed by it within the past three years.

Members of the ART Leading Council shall not be full or part owners of other

mass-media companies.

Article 91

Duration of the Term

The term of members of the Leading Council of the ART lasts five years. Each member of the Leading Council can be reelected for another term only three years after his last term has ended.

Article 92

The Leading Council is considered created when in the first meeting convened by the present chairman of the Leading Council or by one-third of the newly elected members, it is concluded that two-thirds of the members that make up the Leading Council are present.

The first meeting is convened not later than fifteen days after the election of members of the Leading Council.

Article 93

Members of the Leading Council shall not be removed during their term, with the following exceptions:

• when the member does not attend the meetings of the Council for six months in succession;
• when the functions he has undertaken in the meantime are not in conformity with this law;

- when the member has been sentenced by a final court decision;

- in cases of mental incapacity;

- when the member submits a written resignation.

The replacement of the member shall be implemented according to the procedure provided for in article 88. The replacement lasts until the end of the term of the member being replaced.

Article 94

In its first meeting, the Leading Council determines the deadlines for the implementation of the regulation of its activity and elects the chairman and vice-chairman from amongst its members.

The chairman of the Leading Council is elected by a relative majority among not less than two candidates.

Article 95

The routine meetings of the Leading Council shall be held when over 50 percent of its members are present. The Council’s decisions are valid when they have been voted on by more than one-third of all members.

Article 96

The Leading Council shall meet at least once every other month. It may hold special sessions any time the chairman of the Leading Council, the General Director, or one-third of its members demands a meeting.

Article 97

The general director and the head of the Managing Board have the right to participate in the meetings of the Leading Council, except when the Council decides otherwise.

 

Article 98

The members of the Leading Council shall receive monthly payment for their services. The size of the remuneration shall be no less than one-fifth of the general director's salary. The remuneration of the chairman of the Leading Council shall be one-forth the salary of the general director of ART.

Article 99

The Competencies of the Leading Council

The Leading Council shall have the following competencies:

1. It approves the regulation of its activity.
2. It approves the statute of the ART within seventy days from its first meeting.

On the status of the ART it is determined:

1. the structure of the institution;
2. the leading bodies and their competencies;
3. conditions and procedures for the dismissal of the deputy general director, the directors of the radio and of television, as well as the head of the departments;
4. the job description of all categories of employees;
5. the description of the financial and economic activity of the ART.

1. Nominates and dismisses the general director by a two-thirds majority, according to the procedure defined in the statute, not later than one month from its first meeting.
2. Nominates and dismisses the deputy general director and the directors of radio-television, by a simple majority vote, upon the proposal of the general director not later than one month after the appointment of the latter.
3. Approves the members of the Managing Board proposed by the general director.
4. Approves the platform, organizational and program structure of the ART.
5. Monitors the impartiality, objectivity, and completeness of the radio and TV information.
6. Approves the main criteria for the employment, evaluation of job performance, and remuneration of employees.
7. Advises the general director about programming and helps determine program norms and concepts according to law.
8. Advises and helps the general director on how to implement his program responsibilities.
9. The Council states its position in writing with regard to various broadcasts that violate the program norms provided by law. It advises the general director, after hearing his opinion, and demands guarantees for the prevention of such violations.
10. The Council drafts an annual report of the ART activities in conformity with the requirements of this law, and submits it to the People’s Assembly by the end of the month of March of each year.

Article 100

The General Director

The general director is the manager of programming, financial and business activities.

The general director of the ART is elected by secret ballot by the Leading Council, for a five-year term, among not less than two candidates.

Selection of candidates is conducted by the Leading Council on the basis of an open competition and according to criteria defined in the statute of the ART.

Article 101

The general director of the ART shall not be a member of the parliament, member of the government, member of the leading forums of any political party, member of the Leading Council of the ART, owner, co-owner or member of any private media company.

Article 102

The general director has the following rights and obligations:

1. Directs the activity of the ART in conformity with the requirements of this law and of

the ART statute;

2. Appoints, releases from duty, and dismisses, according to laws regulating employee relationships, all his subordinates, with the exception of cases when the law provides otherwise;
3. Appoints or dismisses, at the proposal of the directors of the radio-television, the heads of departments and sectors;
4. Is responsible for the programs and makes sure that they conform to the programming principles provided by law;
5. Makes decisions related to organizational issues, finances and payments after these have been approved by the Managing Board, based on criteria approved by the Leading Council of the ART;

6. Officially represents ART inside the country and abroad, as well as before the law;

7. Is responsible for the observation of the law in the activity of the institution;

1. Coordinates the work of the administrative entities of the ART system and solves, within his competence, disagreements that might occur among them.

Article 103

The general director is released from duty before the expiration of his term in the following cases:

- If he violates the competencies provided by law;

- If he commits a crime for which he is sentenced by a final court decision;

- If he becomes unable to carry out his duties because of illness;

- If he submits a written resignation, which is accepted by the Leading Council of the ART.

Article 104

The Managing Board of the ART

The Managing Board is a consultative body of the General Director for internal and external ART financial issues, with the exception of issues related to programming.

Article 105

The Managing Board of the ART is composed of five members (two are internal and three are external), who are experts in management, finance, and business issues. Members of the Managing Board are appointed for a period of four years and may be re-appointed for two other terms, if during this period they do not exceed retirement age.

 

Article 106

The Managing Board is appointed by the Leading Council of the ART by secret ballot and simple majority, among eight candidates proposed by the general director. The Board elects the chairman between two candidates, by a simple majority and simple vote.

Article 107

Release from Duty

Members and the chairman of the Managing Board are released from duty before the expiration of their term in these cases:

- When they violate the obligations provided by this law and the approved regulation of the activity of the Board;

- When at least eight members of the Leading Council consider them unable to carry out their duties;

- When they are not present at three meetings in succession without a valid reason;

- When they are punished on account of a criminal act.

Article 108

Incompatibilities

The members of the Managing Board shall not be members of the government, members of parliament, members of leading forums of political parties or members of the Leading Council of the ART.

Article 109

Members of the Managing Board are not allowed to represent the interests of third parties or to be linked with business interests in the field, while carrying out their functions on the Board.

Article 110

The ordinary meetings of the Managing Board are held once a month. The Board may also hold extraordinary meetings, when at least two of its members or the General Director of the ART demands such a meeting.

In its first meeting, the Managing Board determines the deadline for the approval of its internal regulations, which clearly defines the procedures of the activities of this body. The Leading Council approves the internal regulations of the ART.

Article 111

Decisions of the managing board shall be valid when the majority of the members present has voted in favor of the decision. When the vote is tied, the vote of the head of the Managing Board is decisive.

Article 112

The Managing Board of the ART has the following competencies:

• Defines the rules on financial issues which are approved by the general director;

- Develops the draft budget of ART, annual accounting books and monitors their implementation on behalf of the general director;

- Examines the profitability of the businesses where ART is involved;

- Approves contracts which amount to more than 5 percent of the annual ART budget;

- Approves expenses not foreseen in the budget;

- Submits to the general director financial reports and balance sheets, and carries out other duties in conformity with the rules provided in the ART statute;

• Demands and collects all necessary information for its work from the ART

departments and sectors.

In case of conflict between the general director and the Managing Board, the latter may appeal to the Leading Council.

Article 113

Consent of the Managing Board is necessary for the following activities:

• Employment contracts, finalization of agreements and negotiation of conflicts with

the trade unions;

- Purchase, sale, and mortgage of properties;

- Receiving and paying off bank credits;

• Finalizing contracts about new investments, when the sum to be invested by ART is

over 5 – 10 percent of the annual budget of the institution.

Article 114

The ART Managing Board is remunerated for each meeting it holds. The extent of remuneration is determined by the general director of the ART.

Article 115

Funding of the ART

ART ensures the financial funds for the creation, development, preparation, and transition of its programs from the following sources:

- Taxes on responders for the ART programs, which are approved by law;

- Contracts with third parties for various broadcasts, exploiting free technical capacities;

- Other program services;

- Concert activities and other public shows;

- Publications of musical productions, audio, video, books, newspapers, bulletins,

magazines;

- Concert activities and public shows;

- Other activities defined in the ART statute;

- Advertisements and publication of other paid messages;

- Donations and sponsorships;

- Selling of ART programs;

- The state budget.

Article 116

Any surplus income, after covering the expenses set forth according to the reports submitted by the Managing Board, is used by the ART to fund the production of programs, including their broadcast; the maintenance and functioning of the broadcast network; property of the ART; technological renovations and employee bonuses.

Article 117

The state budget finances:

• Radio services for Albanians outside the borders of the Republic of Albania;
• Radio services for the foreign public (in foreign languages);
• Television services for Albanians outside the borders of the Republic of Albania;

- Important technical projects for the introduction of new technologies in

production and broadcasting;

• Important motion picture projects or major pan-national artistic activities;
• The ART and cinematography symphonic orchestra.

The extent of funding is determined by the annual state budget law.

Article 118

The ministries and other state institutions finance special projects of national importance in the fields of culture, science, and education, with the approval of the Leading Council of the ART.

Article 119

Payment of Taxes on Radio and TV Sets

Taxes are payable on individual radio and TV sets in conformity with the fiscal legislation in the Republic of Albania.

 

Article 120

At the beginning of each year, the Leading Council of the ART conducts a financial analysis of the institution on the basis of the reports of the Managing Board, and this report is made public in the first trimester of the year, in the manner foreseen in the statute.

CHAPTER IX

CABLE RADIO-TELEVISION PROGRAMS

Article 121

Definition of Cable Radio-Television Programs

Cable radio-television programs are the transmission of sound, image, or both by means of a cable distribution system for simultaneous reception of these programs by two or more subscribers.

Article 122

Contents of Cable Radio-Television Programs

Cable Radio-Television programs include:

1. Rebroadcasting of programs aired by terrestrial and satellite transmitters, always including programs of public operators;

2. Rebroadcasting of programs intended for closed television networks;

3. Rebroadcasting of audio-visual productions recorded from various equipment;

4. Broadcasting of various self-produced programs.

Article 123

The License

The license for cable radio-television program broadcasting is issued by the National Council of Radio-Television for a period of six years. It can be renewed at the license holder’s request, which must be submitted three months before the first license expires.

The license describes the nature of programs to be broadcast, by defining the rights and obligations resulting from this law. Rights of third parties, specifically copyright, are not affected.

The subjects granted a license for cable radio-television broadcasting are obliged to pay taxes in conformity with the relevant laws.

Article 124

The Licensing Procedure

The procedure and other necessary requirements for receiving a license, as well as the rights and obligations of subjects, are the same as those provided for with regard to licenses for radio-television broadcasting in the air, described in chapter IV of this law.

Article 125

Use of Cable Lines

Physical or judicial personalities that have been licensed for cable radio-television broadcasting use cable lines of public service operators. When no lines are available for this purpose, the installment and use of cable networks for radio-television broadcasting is conducted with special permission from the competent bodies.

Article 126

Rules for Cable Distribution of Radio-Television Programs

In order to achieve quality transmission of sound and image for the subscribers, the National Council of Radio-Television, in cooperation with TRE and the managers of cable telecommunications services, determines the rules and ways of distributing radio-television programs.

Article 127

Cable Network Permission

The permission to operate the cable network for radio-television broadcasting is issued by the Telecommunications Regulatory Entity in two stages:

1. The preliminary permission is issued by TRE within 15 days from the day of application, based on the broadcast license issued by the National Council of Radio-Television, as well as on the project on the broadcasting cable network. The preliminary permission specifies the deadline for completing the network.
2. The final permission is issued by TRE within 30 days from the date of the completion of the network and after the supervision of the implementation of the technical project and equipment.

CHAPTER X

RADIO-TELEVISION RESPONDERS

Article 128

Responders of Radio-Television Programs

Responders are broadcasting equipment intended for a full, unchanged and simultaneous reception and transmission in the air, inside the territory of the Republic of Albania, of the radio-television programs broadcast by stations in the country and abroad by means of terrestrial or satellite equipment.

Article 129

Conditions for the Installment of Responder Equipment

Installment and use of responder equipment is carried out only after the respective license has been issued by the National Council of Radio-Television.

In determining responder frequencies, priority is given to requests of national private and public radio-television transmitters.

Article 130

Licensing Conditions

Licenses for radio-television broadcasting via responders are issued after the following conditions are met:

1. The applicant enjoys all civil rights;
2. The stations broadcast by the responder do not affect the public and constitutional order of the Republic of Albania;
3. Responders meet the norms for protection against disasters, as well as technical norms of electric installments;
4. The technical project of the installment of responders must be submitted;
5. The technical characteristics of responders must be in conformity with the existing norms of radio-television broadcasting in our country and the technical norms recommended by international bodies specialized in the field of standards.

 

Article 131

Revoking the License

The license granted for radio-television broadcasting with responders are revoked when:

1. at least one of the conditions for issuing the license is not met.
2. severe or repeated irregularities are observed in the implementation of the conditions of the license.

Article 132

The Number of Responders Allowed

The National Council of Radio-Television determines the number of responder channels for radio-television broadcasts, which are allowed to function for each zone in the territory of the Republic of Albania.

Article 133

Changes to Licenses in the Public Interest

Considering the needs for the development of national public and private radio-television, the National Council of Radio-Television has the right to withdraw licenses issued for special responders, or to provide other broadcast frequencies.

Article 134

Prohibition against Responder Change of Destination

A change in the destination of responders and their use as transmitters of radio-television programs is prohibited.

Article 135

Prohibition of Cable Re-broadcasting of Satellite Programs

by Individuals

Cable re-broadcasting of satellite programs for profit by individuals who possess such receiver equipment is prohibited.

 

 

CHAPTER XI

SATELLITE BROADCASTING

Article 136

Program services for the public aired by satellite shall comply with this law in the same way and to the same extent as services for national programs broadcast by terrestrial means. These services are covered by the European Convention on Television.

CHAPTER XII

Sanctions

Article 137

In case of violations of the binding provisions of this law, the National Council of Radio-Television imposes administrative sanctions as follows:

1. A warning;
2. A fine of up to three percent of the annual turnover of income;
3. Temporary suspension of the license;
4. Reduction of the duration of the license;
5. Revocation of the license.

The NCRT determines the concrete violations that are punishable in accordance with the sanctions provided in this article.

The NCRT determines the sanctions provided in the law not later than one year from the date of the perpetuation of the violation.

When the NCRT observes violations of the legal provisions for which sanctions are imposed by other state bodies it informs the latter.

The punished operator may appeal the decision of the NCRT within one month from the date of the notification of the punishment.

TRANSITINONAL PROVISIONS

Article 138

After this law enters into force, the People’s Assembly elects the members of the NCRT according to the procedures provided by this law.

One month after this law enters into force, the Government allocates to the NCRT the necessary funds for conducting its activity and for the facilities as well as any other infrastructure needed.

Three months after the funds have been allocated by the Council of Ministers, according to article 11, the NCRT begins its activity based on this law.

Article 139

Private radio-television operators, and those broadcasting by means of responders that have been functioning before the law entered into force, must receive a license within six months from the day the NCRT starts functioning.

Article 140

Six months from the entering into force of this law, the ART shall start to function as a public institution, with all the rights and obligations provided by this law.

Article 141

The Leading Council of the ART is created in conformity with this law within fifty days from its enactment.

Article 142

The existing Leading Council shall implement the duties provided by the law until the first meeting of the elected Leading Council according to the procedures provided by this law.

Article 143

Seventy days from its creation, the Leading Council of the ART approves its statute, which shall be submitted to the People's Assembly within fifteen days thereafter.

Article 144

Within sixty days from its creation, the Leading Council of the ART defines the directions and standards of programming.

Article 145

The function of the general director of the ART, until the appointment of the new director, is performed by the former director in conformity with the provisions of this law.

Article 146

The Managing Board, after the approval of its internal rules of procedure by the Leading Council of the ART, makes suggestions to the latter about structural changes that it deems necessary.

Article 147

All the assets and real estate used by the ART at present, such as buildings for the administration, radio stations, broadcast centers, MCR facilities, all the technical equipment, become property of this institution without compensation, and shall be reflected in the ART account book on the day this law enters into force.

Article 148

All the frequencies presently used by the ART, from the moment this law enters into force, will be available for use by this institution for a 10-year period.

Article 149

Upon entering into force of this law, Law No. 7524, dated 19.11.1991 "On the Status of the ART," Law No. 8221, dated 14.05.1997, "On Public and Private Radio and Television in the Republic of Albania" with their respective amendments shall be abrogated.

Article 150

This law enters into force 15 days after its publication in the Official Gazette.

Promulgated by decree No. 2230, dated 14.10.1998 of the President of the Republic Rexhep Meidani.