- 13 lutego 2022
Warsaw, February 10, 2022
Chairman of the National Broadcasting Council
On behalf of the American Chamber of Commerce in Poland (AmCham), we would like to once again request Mr. Chairman’s support in resolving a problem concerning one of our member companies, i.e. TVN / Discovery, in terms of the delay in issuing a decision to extend a broadcasting license on the Polish media market – this time for the channel TVN7.
In connection with the upcoming expiration date for the current broadcasting license, which is February 25, 2022, the owner of TVN7 filed an application with the National Broadcasting Council for an extension of its rights to broadcast said channel. Despite having met all of the necessary formal requirements and filing the request well in advance – i.e. on December 23, 2020 – more than a year prior to the expiration of the current broadcasting license – the regulator still has not issued a decision concerning the extension.
The reason provided by the National Broadcasting Council are its doubts as to the compliance of TVN / Discovery with Article 35 of the National Broadcasting Act, which regulates the scope of foreign ownership over a media entity. It ought to be emphasized that the above provision does not, however, apply to entities registered within the territory of the European Union, and TVN7 belongs to a company registered in the Netherlands – Polish Television Holding BV – as a result of which it meets all formal conditions. It ought to be noted, that the request for TVN24, which resulted in extending the relevant broadcasting license, was reviewed in the same legal circumstances.
In view of the above, we sincerely hope that the broadcasting license will be issued; nevertheless, we are asking Mr. Chairman to offer his support in resolving the prolonged processing of the application and in issuing the decision as promptly as possible. It ought to be highlighted that, in light of the upcoming expiration date for the current broadcasting license, the above state of affairs triggers our deep concerns as to the further possible operation of TVN7. The process of issuing the license and, in particular, its final resolution, is an will be closely watched by the community of foreign investors and we believe that it may significantly influence future decisions in terms of investment in Poland.
Should Mr. Chairman have any questions, we remain at his disposal. The contact person will be Karol Witaszek, our Legal & Public Policy Coordinator, [email protected], tel.: 690 087 660.
President of the American Chamber of Commerce in Poland
Polish version of the letter can be viewed HERE