6 RADIO COMPANIES DISPUTE IN COURT GOVERNMENT’S COMPETENCE TO SET BROADCAST PAYMENTS

Noyan Tapan
Feb 28 2007

YEREVAN, FEBRUARY 28, NOYAN TAPAN. 6 Armenian radio companies applied
to the RA Economic Court with the request to recognize as invalid
the government’s decision about setting payments for broadcast
frequency. The decision authorizes the RA Ministry of Transport and
Communication to set the amount of broadcast payments.

Lawyer Olga Safarian, who represents interests of these radio
companies, told NT correspondent that in accordance with Article 45 of
the RA Constitution, the order and amount of taxes, duties and other
mandatory payments are prescribed by law. However, according to her,
the Law on Television and Radio does not conatin a provision on the
amount and order of setting broadcast payments.

Representative of the defendant – Head of the Juridical Department
of the RA Ministry of Transport and Communication Artashes Hovsepian
said that the demand of the radio companies is unfounded because by
the law on legal acts, the government regulates legal relations which
are not regulated by the RA Constitution, laws or presidential decrees.

He noted that the radio companies must pay the same amount as they
paid previously. Out of the 64 TV and radio companies registered in
Armenia, 15 did not make payments envisaged for 2006, including the
companies that filed the lawsuit.

These comnpanies state that they do not refuse to pay and dispute in
court not the amount of payments but the order of their setting.

At the February 27 sitting, the court decided to grant O. Safarian’s
petition and postpone the case examination until March 12. Lawyer
Olga Safarian said that she needs time to familiarize herself with
the government’s answer and present her objections.