This manual comes out from the original text of the Manual as was issued by the Council for Radio and Television Broadcasting (hereinafter the "Council") of June 12, 2006, and this is its updated, amended, and supplemented wording.
This new wording of the Manual reflects development of legal form and practice in the field of licensing procedure (including development in the technical field), however, it especially reacts to development of judicature of administrative courts concerning problems of licensing procedure under Act No. 231/2001 Coll., on operation of radio and television broadcasting.
The objective of the Manual update is to adapt its content to new judicature of administrative courts, ensure through amendments and supplementation of the Manual that other activities of the Council are more effective in the field of licensing procedures, and reinforce harmony of the Council´s activities in this area with judicature of administrative courts. The amendments and supplementation of the Manual are carried out also with the intention to ensure better exploitable groundwork for decision making of the Council in licensing procedures so that the Council in compliance with judicature of administrative courts can, among others, evaluate and mutually compare individual license applications on the basis of commensurable criteria.
This Manual takes into account the state of legal form and judicature as to December 16, 2010.

1. Introduction

Aspects of course of licensing procedure as a whole, affecting decision making of the Council on individual Applicants and forming pre-steps for final comparison of Applicants and selection of applications are as follows:
The entire procedure of licensing procedure is initiated with its publication under Art. 15 of Act No. 231/2001 Sb., in the following wording:

Art. 15

Initiation of the licensing procedure

1. Licensing procedure is initiated by the Council of its own stimulation or at stimulation of an Applicant for a license by publication of licensing procedure. Prior to initiation of licensing procedure, the Council requests standpoint of the Czech Telecommunication Office limiting territorial extent of broadcasting under paragraph 2, and if it concerns licensing procedure for granting one or more licenses for broadcasting of one or more programs disseminated through broadcasters only digitally, also a standpoint of the Czech Telecommunication Office to possibility of placing it in networks of electronic communication; in case of stimulation of the Applicant for a license, the Council is obliged to request a necessary standpoint from the Czech Telecommunication Office at the latest in 15 days as from the date, when it obtained the stimulation. The Council shall publish licensing procedure at the latest in 30 days from the day, when it obtained the standpoint from the Czech Telecommunication Office, which makes initiation of licensing procedure possible; if the Council requests to the same licensing procedure more than one standpoint from the Czech Telecommunication Office, the time limit of 30 days for publishing licensing procedure begins as from the date, when it obtains the last of the requested standpoints, if these standpoints make initiation of licensing procedure possible.
2. In publishing the licensing procedure the Council sets a time limit and place for submission of applications for a license, time extent of broadcasting, territorial range of broadcasting specified by a set of technical parameters in case of analog transmission, or a diagram of usage of radio frequency in case of digital transmission; in licensing procedure for full-area transmission the Council sets requirements for basic program specifications of full-area broadcasting (hereinafter the "Requirements"). The Council shall publish the licensing procedure on the official board, in two nationwide daily newspapers at least, and in a way enabling remote access.
3. The Council rejects applications for a license delivered after the stated time limit, and applications, which are in conflict with published requirements.
4. A joint licensing procedure takes place with applications delivered to the Council in time under paragraph 2.
5. In case of existence of two or more networks of electronic communication intended for digital transmission under paragraph 1, the Council initiates licensing procedure without designating assignment of programs to particular networks of electronic communication. Similarly, the Council shall not also specify structure of programs in individual networks of electronic communication.
6. For the purpose of documenting impeccability of an Applicant, the Council shall request the abstract of Criminal record in accordance with special legal enactment. The application for issuing the abstract from the Criminal Record, and the abstract from the Criminal Record shall be handed over in electronic form in a way enabling remote access.

HOW THE COUNCIL PROCEEDS

The Council initiates the licensing procedure by its own stimulation or by stimulation of an Applicant for a license by publication of the licensing procedure.
Prior to initiation of the licensing procedure, the Council shall request necessary standpoints of the Czech Telecommunication Office under Art. 15, paragraph 1 of the Act. If the Council receives stimulation of an Applicant for a license to initiate licensing procedure, a binding statutory deadline applies for requesting these standpoints in duration of 15 days as from the date of stimulation receipt of the Applicant for a license. The Council is then obliged to carry out publication of the licensing procedure itself in time of 30 days as from the date of receipt of standpoints of the Czech Telecommunication Office, which make initiation of licensing procedure possible.
To facilitate later evaluation and obtain sufficient background for its decision, the Council calls attention of Applicants already in the publication of licensing procedure on necessity to get acquainted in detail with legal regulations of licensing procedure, especially with facts significant for the Council Decision (Art. 17 of the Act). The Applicants should be aware of the need to give in their applications sufficient relevant facts for evaluation of their applications from the view of fact mentioned in Art.17 of the Act, and at the same time, of the need to document these facts with trustworthy documentation. Thus the individual Applicants should create from the very beginning necessary conditions for the Council to decide on granting a license by providing it with sufficient background to this decision (in this phase especially to those areas, which will not be discussed in public hearing).
The Council is bound by judicature of administrative courts, according to which it is, among others, obliged to carry out the following in the statement of the reasons of the decision on license

verbal evaluation of facts found in applications for a license,

their mutual comparison,

and deduction of unambiguous conclusions on the basis of commensurable criteria.

In order that the Council can comply with these requirements of administrative courts, it must keep at its disposal a sufficient number of relevant facts, which will be a subject of evaluation in licensing procedure, whereas these facts should be comparable with one another so that it is possible to deduce from them unambiguous conclusions on the basis of commensurable criteria. Also in this Manual the Council endeavors to create prerequisites and conditions to make possible efficient application of these legal opinions of administrative courts.
Therefore, the Applicants for a license ought in their self-interest to come out in drawing their applications for a license also from the following text of the Manual, especially then from the parts concerning facts important for the Council Decision and the criteria of their evaluation.
Another obligation of the Council resulting from judicature of administrative courts is to ensure that all evaluated facts contained in applications for a license, or alleged by Applicants in other phases of the proceedings (especially in public hearing), are evidenced and documented by corresponding proofs deposited in an administrative document. Therefore, it is in the interest of the Applicants for a license not only to allege decisive facts in their applications, but at the same time also to demonstrate them by relevant proofs. These proofs would be enclosed to applications for a license, or submitted in further course of licensing procedure (also within the frame of public hearing) with reasonable advance before issuing the decision on license.
In the course of the proceedings, it would not then be only the Council, who will procure a quantity of groundwork for the decision in the licensing procedure. This groundwork should primarily be evidenced by the Applicants, which of course does not exclude activity of the Council in this direction, especially utilization of facts known to the Council from its activities, and simple enquiries to other subjects (first of all other state authorities) for finding particular facts, however, only in reasonable extent. In the sense of legal provisions, the Council thus will be able to preferentially focus on proper evaluation of applications.
On the very beginning of the licensing procedure the Council then also rejects applications delivered after deadline, and applications nonconforming declared requirements (here, in absolute majority of cases, statement of reasons will be simple). As remaining applications are concerned, the Council then conducts joint proceedings. At the beginning of the proceedings, it is also necessary to examine, whether the Applicants conform to requirements mentioned in Art. 13 of Act No. 231/2001 Coll. With respect to reference included in paragraph 2 of this provision, the Council will also focus on estimation, whether the Applicant meets the prerequisites under Art. 3a of Act No. 231/2001 Coll., in the following wording:
Art. 3a
Prerequisites for participation in the proceedings for granting a license for operation of broadcasting, and in the proceedings for registration of taken over broadcasting

1. Prerequisite that a legal person is granted a license or registration is that he meets the conditions stipulated for business in the Czech Republic by special legal enactment.
   If a legal person has a legal form of a joint-stock company, presumption for granting a license is that his shares are inscribed shares.
2. Prerequisite that a natural person is granted a license or registration is that he has full competence to perform legal acts, and meets the conditions stipulated for business in the Czech Republic by special legal enactment.
3. If a person mentioned in paragraph 2 is a foreign person, who has not an organizational component or permanent residence in the Czech Republic, it is obliged to appoint its representative in the Czech Republic, authorized to act for him in the affairs governed by this Act.

The Council shall subject the submitted applications to a review, whether they correspond from view of contentual appurtenances and enclosed documents to requirements under Art. 14 of the Act, including verification, whether business plan required by the Act is also enclosed to the applications. In case of finding inadequacies, the Council shall prompt on the Applicant in writing to remove them. If the Applicant does not remove inadequacies in given time limit (no shorter than 15 days), the Council shall reject his application. It is necessary to specify the application inadequacy in the statement of the reasons, with citation of provisions of the Act, under which the Council rests a judgment upon its conclusion about inadequacy of the application, to state when the Council called upon to its removal, and to state that removal did not occur in the given time, or if it was delivered again in inadequate version, and again justify not removal of the inadequacy.
In next phase of the licensing procedure the President of the Council orders holding of public hearing in the sense of Art. 16 of the Act. For ordering holding of the public hearing, the following deadlines are stipulated by law under Art. 16, paragraph 1:

1. 30 days as from the date of expiration of the term for submission of applications for a license defined by the Council under Art.15, paragraph 2 of the Act, if it concerns licensing procedure for broadcasting disseminated through broadcasters only digitally,
2. 90 days as from the date of initiation of the licensing procedure in other instants.

Under Art. 16, paragraph 2 of Act No. 231/2001 Coll., public hearing is intended for discussion of questions dealing with program composition proposed by individual participants of licensing procedure. The parties to procedure are invited to public hearing by invitations with appurtenances mentioned in Art.16, paragraph 5 of the Act. Compared to the past, the invitation already does not need to contain the subject of the proceeding delimitated in relation to individual participants of licensing procedure, only general presentation of the subject of the proceeding in the given public hearing is sufficient, in conformity with legal purpose of the public hearing.
However, it is possible to tender facts in the invitation, on which the Council intends to ask the given Applicant in more detail, or tender facts from the Applicant´s application, which should be yet supplemented, explained, further expanded, or documented by corresponding facts. In this way the Council gains other groundwork for its decision making, especially to criteria included in those facts important for the decision on licensing, which have relation to program issues. In the invitation, it is possible to recommend to the Applicant to evidence other documents to demonstrate or complete facts stated by him.
Significant groundwork for the final Council Decision is wording of license conditions proposed by individual Applicants (in the sense of Art.16, paragraph 4 of the Act). These proposals of wording of the license conditions both summarize (at least in some areas) facts so far specified by the Applicant as groundwork for the Council Decision, and to a great extent verify original intentions of the Applicant, with regard on presumption of their later liabilities.
Within the frame of the proper public hearing, it is also possible, in addition to other steps anticipated by law, to ask the Applicants questions generally relating to their applications, especially with the view of removal controversial or obscure points in their applications, or completion of other documents to the fact stated by them.
The Council will provide a record on public hearing (together with a sound record) under Art. 16, paragraph 11 of the Act. The record presents an important summarizing and well-arranged groundwork (however, still as one of many pieces of groundwork) for the Council Decision on licensing.

2. Facts important for the Council Decision and criteria of their evaluation

The facts important for the Council Decision on licensing are included in Art.17 of Act No. 231/2001 Coll., in the following wording:

Art. 17
The facts important for the Council Decision on applications for licensing

1. The Council evaluates in decision making on licensing the following:
   1. economical, organizational, and technical preparedness of the Applicant for provision of broadcasting, including results of up to now Applicant´s enterprising in the field of radio and television broadcasting, if he ran a business in this area,
   2. transparency of proprietary relations in the Applicant´s company,
   3. contribution of program composition proposed by the Applicant for a license to diversification of the existing program offer of radio or television broadcasting in the territory, which would be covered with radio or television broadcasting,
   4. representation of European production (Art. 42), production of European independent film-makers, and current production (Art. 43) in proposed program composition of television broadcasting, if it concerns a license for television broadcasting,
   5. contribution of the Applicant to development of original production,
   6. readiness of the Applicant to provide a certain per cent of broadcast programs with hidden or open subtitles in television broadcasting for the hearing impaired,
   7. contribution of the Applicant to provision of development of culture of racial, ethnic, and other minorities in the Czech Republic.
2. The Council evaluates in licensing for digital transmission the following:
   1. economical, organizational, and technical preparedness of the Applicant for provision of broadcasting, transparency of proprietary relations, contribution of program composition proposed by the Applicant for a license to diversification of the existing program offer, and representation of European production (Art. 42), production of European independent film-makers, and current production (Art. 43) in proposed program composition of television broadcasting,
   2. contribution of the Applicant to the development of original production,
   3. readiness of the Applicant to provide a certain per cent of broadcast programs with hidden or open subtitles for the hearing impaired,
   4. contribution of the Applicant to provision of development of culture of racial, ethnic, and other minorities in the Czech Republic.
3. It is impossible to grant a license to the Applicant, to whom the license was revoked or the registration canceled in the previous five years for reasons of breach of the law, and/or who was lawfully condemned for intentional criminal act.

HOW THE COUNCIL PROCEEDS

With the aim to respect and apply as effectively as possible legal opinions of administrative courts imposing to the Council, among others, to carry out mutual comparison of facts found in the applications for a license, and to draw unambiguous conclusions from this comparison on the basis of commensurable criteria, the Council made a review of basic partial criteria as a part of the Manual (always in relation to each of legal facts important for the Council Decision), on evaluation of which the Council will preferentially focus. Basic partial criteria will also be assessed by allocation of points, as indicated below. It is in the interest of Applicants for a license to provide the Council with facts, groundwork, and proofs necessary for evaluation of basic partial criteria.
Of course, the Council is aware of its liability of law, therefore, informal assignation of summary of basic partial criteria in the Manual is in no case directed to narrow importance or extent of examination of legal facts important for the Council Decision. The Council will naturally examine also other facts, which will be the content of the application for a license, and evaluate them in relation to legal facts important for the Council Decision.
By determination of basic partial criteria, a sort of joint platform for evaluation of applications for a license is to be established with a view to ensure for the Council groundwork needed for evaluation of applications in compliance with requirements resulting from judicature of administrative courts.
The Council issues the Manual and always applies it only within the law and in agreement with rules of logical thinking so that trespassing does not occur (but not even restricting) of limits of administrative discretion specified to the Council by legal regulations.
The Council effectively and at the same time with the help of basic partial criteria, as well as of other partial criteria, transparently evaluates applications of the Applicants in relation to legal facts important for the Council Decision. According to them it evaluates extent of fulfillment of individual legal facts in the individual applications. According to this extent it will then compare applications with one another and selects that which is the best in the complex of all assessed criteria included to the facts in the sense of Art. 17 of the Act.
In this way objectified procedure of evaluation, the course of which can be recorded, will also be presumption for sufficiently detailed statement of reasons of all (even negative statements) decisions on granting a license, from which it will follow, what particular considerations and evaluations of what facts governed the Council in granting a license and rejection of other applications.
In the proper procedure of evaluation of applications the Council performs independent appreciation of every fact important for the Council Decision by the help of basic partial criteria, as well as by the help of other partial criteria. A part of this independent estimation, and one item of groundwork for partial evaluation under the following paragraph, is allocation of points in basic partial criteria in a way mentioned below in the Manual.
The Council always concludes fulfillment of the statutory facts relevant to the decision by partial evaluation, especially by verbal comment and expression on a scale fails to satisfy – meets the part – meets, which members of the Counsel carry out individually.
Summary of partial evaluations represents a measure of quality and fulfillment of particular statutory requirements (Art. 17 of the Act) by individual Applicants. This evaluation represents synthesis of results and findings gained by this time by the Council on submitted applications, on content of these applications, and also on the Applicant, as well as compliance of these results and findings with facts important for the Council Decision (Art. 17 of the Act) specified in the Act.
Stipulated basic partial criteria, as well as other partial criteria, constitute basic parameters for evaluation of submitted applications. Basic partial criteria always are a part of the process of evaluation of applications for a license. The Council is always authorized to select for individual particular license procedure a set of other partial criteria for customized evaluation from a sphere of other partial criteria by voting of its members (according to character of the proceedings, particular local conditions, and other circumstances).
On evaluating the applications the Council must respect the amendment of Act No. 231/2001 Coll., separating apart (Art.17, paragraph 2 of the Act) rules for decision making on granting a license for digital transmission. If it concerns facts important for the Council Decision, important differences in this case are as follows:

1. the Council evaluates economical, organizational, and technical readiness of the Applicant for provision of broadcasting, transparency of proprietary relations, contribution of program composition proposed by the Applicant for a license to diversification of the existing program offer, and representation of European production (Art. 42), production of European independent film-makers, and current production (Art. 43) in proposed program composition of television broadcasting, on the whole as one fact important for its decision,
2. the Council does not evaluate results of up to now enterprising of the Applicant in the field of broadcasting, if he ran a business in this area.

The Council should also conform to these dissimilarities the selection of a set of other partial criteria for evaluation for particular proceedings for granting a license for digital transmission, which it will determine just according to legal facts important for its decision making mentioned for this case in paragraph 2, Art.17 of Act No. 231/2001 Coll.

Facts important for the Council Decision (Art.17 of the Act):

1. economical, organizational, and technical readiness of the Applicant for provision of broadcasting, including results up to now enterprising of the Applicant in the field of radio and television broadcasting, if he ran a business in this area.

HOW THE COUNCIL PROCEEDS
In this area the Council evaluates the Applicant in relation to his objective possibilities to utilize the granted broadcasting license effectively. It is necessary to carry out evaluation of results of up to now enterprising of the Applicant in the area of radio and television broadcasting, and include them into overall evaluation so that it does not discriminate subjects newly arriving to the field.

Economical readiness
First of all the Council evaluates, whether the Applicant has available sufficient means for broadcasting operation. In relation to this legal fact important for decision making, the Council set these basic partial criteria (including the extent of possible point assessment):

the Applicant´s financial reliability (0-1 point);

financial reliability of the Applicant´s owners (0-1 point);

manner of funding the broadcasting (0-1 point).

On evaluating this legal fact important for decision making, the Council examines particular available data and pieces of knowledge about:

1. reputation, and
2. credibility of the Applicant, which

end in basic economical rating of the Applicant. The Council will ensure verification of the same facts also in founders or copartners of the Applicant.
Sources for understanding of the Council are, in addition to facts and proofs submitted by the Applicant, public databases, especially company registers, register of economical subjects, real estate cadaster, Trades Register, registers of taxpayers, Internet databases of debtors, and usual sources of economical information.
Further, it is possible to obtain necessary credible data from specialized agencies. Found data (economic rating of the Applicant) is a common base for appreciation of his economical readiness.
The Council further evaluates structure and amount of means exempt on investment to broadcasting. The Council makes especially use of data, which must be by law contained in the application, in this connection it evaluates also content of the business plan enclosed to the application for a license. The amount of investment means must be credibly documented. It shall also be evaluated, how the Applicant will be able (and from what sources – his own, foreign, with a relation between them) to finance broadcasting in subsequent years under his common operation, and assessment of menace of his possible insolvency will also be evaluated. Here again, assessment of the submitted Applicant´s business plan is important.
The phase of the Applicant´s existence is significant, whereof the Council shall find out, whether the Applicant has been just establishment, or whether he has already been recorded in the Company Register and met all to that necessary prerequisites, whether it concerns alive, functional, and stable subject, with corresponding entrepreneurial authorization.
In a link to tendered facts the Council shall pass judgment on capability of the Applicant to start broadcasting in given (legal) date.

Organizational readiness
In the area of organizational readiness the Council preferentially evaluates personal reservation of impending broadcasting. The Council, in relation to this legal fact important for decision making, set these basic partial criteria (including the scope of possible point score):

experience of the operator in broadcasting, with the subject of evaluation being not only experience in terrestrial transmission (0-1 point);

experience of statutory bodies of the operator (0-1 point);

experience of senior executives (employees at the level of directors) of the operator (0-1 point);

organizational solution in acquisition of local information (0-1 point).

The Council also judges contracting provision of prerequisites to initiate broadcasting, within the frame of which then especially the stage of contract preparations, what contract the Applicant has concluded, with whom, for what time, whether it concerns, e.g. contracts on future contracts or contracts prepared for immediate filling, or whether the future relation is assured in another sufficiently valuable manner. The Council then takes into account particularly whether the Applicant has concluded contracts with broadcaster operators, or what negotiation he conducted with network operators, and with what results.
The Council shall also focus on proposed organizational structure of the Applicant and will judge its sufficiency and suitability for the intended project. In this connection the Council shall examine also personal availability of the Applicant of necessary specialists in other positions except managerial positions, as well as other persons needed for initiation of broadcasting.
In a link to tendered facts the Council shall pass judgment on capability and readiness of the Applicant to start broadcasting in specified (legal) date.
In its evaluation the Council comes out especially from data submitted by the Applicant, and further also from facts known to the Council from its activities.

Technical readiness
In the area of technical readiness the Council evaluates above all creation of satisfactory conditions for reservation of signal transmission and program generation. The Council, in relation to these legal facts important for decision making, sets the following basic partial criteria (including the scope of possible point score):

the project technical solution (0-1 point), while either direct proper technical solution described by the Applicant in the project, or in writing documented booking contract with specialized subject experiences in this area shall be evaluated;

possible information from the Czech Telecommunication Office (synchronous transmission) (0-1 point).

The Council will check up the Applicant´s availability of technical means for broadcasting, while it judges also the fact, whether he directly disposes of such means, or whether and in what quality he has assured contractual access to such means.
In a link to these facts the Council shall again pass judgment on capability of the Applicant to start broadcasting in specified (legal) date.
If the Applicant has already run a business in the field of radio and television broadcasting, the Council shall examine results achieved by the Applicant at his present enterprising in the field. Here the Council shall evaluate especially economical results of the Applicant´s business, observance of legal enactment and ethical standards valid in the field, up to now filling of license conditions of the Applicant at earlier broadcasting, which he operates, his contribution to development of original production, his contribution to development of minority culture. As already noted above, the Council does not evaluate at granting a license for digital transmission (Art.17, paragraph 2 of the Act) results achieved by the Applicant in his up to now business in field. In evaluation the Council comes out especially from data submitted by the Applicant, and further also from facts known to the Council from its activities.

2. transparency of ownership relations in the Applicant´s company

Evaluation of this criterion comes out from the interest of lawmaker to establish such conditions that at granting a license (but also later throughout being in force) it is discoverable, who actually makes his influence over the subject, to which the license is granted. In evaluation of this area the Council focuses especially on prevention from risk of creation of a risk of hidden misuse of power of electronic media to particular political, economic or other self-interests. The Council respects especially openness and general knowledge of persons, who make their influence upon the broadcasting subject.
Therefore, the Council, in relation to this legal fact important for decision making, sets the following basic partial criteria (including the scope of possible point score):

knowledge of end proprietors at the time of submission of application for a license (0-1 point)

prerequisites for transparency of transfers of the Applicant´s shares, and with it related prerequisites for continual detectability of end proprietors into future (0-1 point).

In evaluation in this area the Council takes into account above all legal form of the founder, namely in a close link to structure, traceability, and possibility of public access to information on owners of the company, together with possibility of real communication with these owners.
The Council then examines the same facts as in the previous paragraph for the founder or associate of the Applicant with largest share in the Applicant´s company. In its evaluation the Council examines also stability of proprietary relations in the Applicant, relation in control of the Applicant´s subject, enforcement of voting and controlling rights in the Applicant, during which time takes into account possible court disputes over proprietorship of the Applicant´s company, or disputes over shares in this company.
On judging the above tendered facts the Council comes out especially from records accessible in public on individual subjects, from information in trustworthy communication means, from facts known to the Council from its activities, and from data handed over by the Applicant.

3. contribution of program composition proposed by the Applicant for a license to diversification of the existing program offer of radio or television broadcasting in territory that is to be covered by radio or television broadcasting

The Council evaluates content of applications of each of Applicants, and passes judgment on whether there is presumption of extension and enrichment of program composition in the given territory in case he is granted a license. In case of decision making on licensing for digital transmission, this fact is not important for the Council Decision, and its evaluation is strictly bound to particular territory.
In relation to this legal fact important for decision making, the Council sets the following basic partial criteria (including the scope of possible point score) for decision making on licensing for operation of radio broadcasting:

spoken word

1. proportion of spoken word in total extent of broadcasting (0-1point);
2. proportion of authorship programs (0-1 point);
3. proportion of news and service information (0-1 point).

program localization

1. whether it concerns a newly produced program (0-1point);
2. orientation to region, i.e. wider coverage of future broadcasting (0-1point);
3. narrower orientation to locality, i.e., e.g. larger settlement / town in the area covered by future broadcasting (0-1 point).

music format

1. number of already broadcast programs with analogical format (0-2 points);
2. proportion of genres proposed by the Applicant in the given territory in already broadcast programs (0-2 points).

target group

1. span of target group with reference to existing program offer (0-1 point);
2. a link of program elements of the project to target group referred to by the Applicant (0-1 point).

With respect to the fact that the above-mentioned basic partial criteria should be compared with the existing program offer in the relevant area, the following procedure is selected for this evaluation:

1. Creation of a table of programs catchable in a given area, whereas possibility to catch (as a possibility of receipt broadcast program) is evaluated as very well catchable, well catchable, and partly catchable. The evaluation comes out from inhabitant coverage in the given area (more than 75%, more than 50%, and less than 50%). Summary of the license conditions of private operators of radio broadcasting is a part of these tables, or analogous information of the operator by law, as it is accessible on web pages.
2. For evaluation in the area of spoken word (proportion of spoken word, authorial programs, proportion of news and service information), a mean value is sought of this data in catchable programs. Point score (1 point) follows, if the value given in the application for a license is higher than the mean value in the given area (therefore a license condition in case of granting a license).
3. Evaluation of program localization and orientation on wider and narrower surroundings proceeds accordingly, in comparison with program offer in the given area.
4. Evaluation of contribution of music format, or musical genres, is given by comparison of a proposed music format and a number of programs with analogous formats in the application for a license (i.e. in the project) (less than 3 analogous programs mean assigning a point, less than one then assigning two points – the proposed project is then in the field of music format quite unique), or by proportion of genres mentioned in the project, and proportion of genres already broadcast in the given area, when the sum is a base of proportions of particular genre in every individual program, and a product coefficient, which corresponds to possibility to catch the given program. For very good possibility the coefficient is 1, for good possibility the coefficient is 0,7 and for partial possibility 0.5. If the resulting sum is lower or equal to 150%, the contribution is assigned one point, if the sum is lower or equal to 50%, the contribution is assigned 2 points.
5. Evaluation of span of the target group corresponds to comparison with spans of target groups of programs already catchable in the given area, therefore, with a number of programs already containing the given span. The objective of this evaluation is to saturate those groups of listeners, which are less covered, not to give the age span as wide as possible. Accordingly, evaluation of program elements in a link to this target group has an objective to prevent from labeling target groups, and to them not corresponding program elements (e.g. news program for children and youth, or specialized program with dance-music for target group of pensioners).

The Council shall evaluate these facts important for decision making and individual criteria in the applications only after previous preparation consisting in analysis of the content of catchable broadcasting in the area of interest in licensing procedure, in finding prevailing genres in broadcasting, and overall richness of a catchable program in the area, and it according to the state as to the date of expiry of a deadline for submission applications for a license. The Council shall also come out from analysis of inhabitant structure in the given area, and from relevant survey of their preferences, if it was carried out in the past. The Council shall then use for proper evaluation above all data given by the Applicant in his application.

4. representation of European production (Art. 42), production of European independent film-makers, and current production (Art. 43) in proposed program composition of television broadcasting, if it concerns a license for television broadcasting

In the first phase the Council evaluates, whether representation of these spheres of production corresponds to requirements of the law. If at this point the Council gets to a positive conclusion, it subsequently evaluates also actual amount, i.e. proportion of these spheres of production in broadcasting in an absolute value.
In this connection the Council shall pass judgment on provision of fulfillment of data stated by the Applicant, first of all in the field of contractual provision of corresponding programs. The subject of the Council evaluation from view of proportion of representation of given areas of production is data stated by the Applicants themselves in their applications, and proposed as binding license condition from the part of the Applicant.

5. contribution of the Applicant to the development of original production,

The Council, in relation to this legal fact important for decision making, sets the following basic partial criteria (including the scope of possible point score):

author's own programs and their content (0-2 points);

support of beginning artists and its localization to a region (0-2 points);

support of cultural activities and its manner (0-2 points).

The Council examines and evaluates anticipated type, extent, and content of own original production provided by the Applicant in the field of television or radio programs. Depending on the type of the licensing procedure, the Council takes into account within the frame of evaluation of own original production in the field of television documents, television films, serial stories, festivities, radio coverage and festivities, and likewise. The Council further evaluates, how the Applicant´s project contributes to supporting interest in searching and support of new artists, as well as increasing awareness of listeners about cultural activities, or edification rendered within the frame of own original instructive author's programs.
In the licensing procedure, the subject of which is a license for television broadcasting, the Council passes judgment on own original production provided by the Applicant, or direct participation of the Applicant in such original production in position of a co-producer, or otherwise cooperating subject.
In connection with these areas to be evaluated, the Council passes judgment on whether the Applicant created satisfactory conditions for fulfillment of declared intentions in the field of original production, especially whether he established appropriate relations with corresponding artistic partners.
The Council shall also review the will and qualification of the Applicant to contribute to development of original production above the frame of his duties, or his past sponsorship and similar activities in the field of development of original production.
In the proper evaluation the Council comes out from data submitted by the Applicants in their applications, and in license conditions proposed as binding from the part of the Applicant.

6. readiness of the Applicant to provide a certain per cent of broadcast programs in television broadcasting with hidden or open subtitles for the hearing impaired

The Council will pass judgment on convenience of the Applicant´s proposed solution from view of comfort for hearing impaired persons, and at the same time from view of not affecting and not limiting parameters of broadcasting (especially picture and sound) in general level.
At the same time, the Council examines prerequisites specified and provided by the Applicant for fulfillment of his engagement within the frame of this area of evaluation, especially then expert technical, personal, and organizational base of the Applicant, and state of preparation of the Applicant to fulfill his engagement.
The Council shall evaluate capability of the Applicant to accept an obligation in the sense of this fact as provided by law, important for the Council Decision, and amount of share, whereas it comes out above all from the content of his applications, and from the Applicant´s proposed binding license conditions.

7. contribution of the Applicant to provision of development of culture of racial, ethnic, and other minorities in the Czech Republic.

The Council, in relation to this legal fact important for decision making, sets the following basic partial criteria (including the scope of possible point score):

minority identification (0-2 points);

method of support (0-2 points).

The Council performs evaluation of a type and of a number of minorities, on which the Applicant intends to focus his broadcasting, especially from view of a size of population of these minorities and contemporary state of satisfying their needs. Therefore, it must be perceptible from the project contained in the Applicant´s applications for a license, what minority it concerns. It may concern racial, ethnical, or otherwise specified minority groups. It does not concern so-called genre minority, because evaluation of contribution in this direction is included already in evaluation of other legal facts important for decision making.
In its evaluation the Council further examines a way of anticipated addressing and supporting of minorities, while for higher quality fulfillment of this criterion will be considered not mere insertion of information on a minority, but rather a medial partnership or co-sponsorship or production of specialized programs about this minority and for this minority. The Council takes also into account possibilities of engagement of minorities in preparation of broadcasting for them, included by the Applicant to the content of his application, especially then from view of possible moderating program by persons, who are members of such minorities.
The subject of the Council´s evaluation shall also be particular needs of minorities, which the Applicant intends to satisfy, again from view of their contemporary state, as well as time range reserved in broadcasting for minorities.
In evaluation the Council shall come out especially from content of applications submitted by the Applicants, and makes also use of facts known to the Council from its own activities. In the process of decision-making the Council certainly also examines, whether some of the obstructions in granting a license under Art. 17 paragraph 3 of the Act does not relate to the Applicant.

Complex evaluation
On evaluating basic partial criteria the Council shall make use of so-called decision-making tables, from which a number of score points will be perceptible of individual basic partial criteria in individual applications. Evaluation of other partial criteria is added to the evaluation of basic partial criteria, also in dependence on type of licensing procedure and content of the application for a license.
After partial evaluation of all projects the Council approaches the complex evaluation of individual applications from view of fulfillment of all important facts under Art.17 of the Act, while specifying areas, where it found high extent and quality of fulfillment of facts important for the Council Decision in a particular application, and where, on the contrary, it found this extent and quality of fulfillment low.
This complex evaluation specified in the previous paragraph shall become the main basis for the Council´s decision making on proper granting a license, carried out on closed session of the Council.
The Council´s decision making shall be carried out in compliance with rules specified in Act No. 231/2001 Coll., which require consent of qualified majority of nine members of the Council to grant a license to the Applicant. If in the first decision making of the Council none of the applications obtains at least nine votes, the Council decides after debate once again. If none of submitted applications obtains at least nine votes even in the second decision making, it applies that all applications are rejected and the license will not be granted to any of Applicants.
During decision making, or after its termination, the Council allows for everyone from among its members to reason his decision expressed by voting, thus that he tenders facts that led him to decide in such a way or another, and in case that he disagrees with the majority decision of the Council, he tenders facts justifying his position. The Council will use these recorded expressions of members of the Council without releasing identity of its members as a basis for statement of the reasons of decision on granting a license, especially in relation to rejected Applicants.
The Chairperson or a commissioned member of the Council dictates the course of the complex evaluation to the record.

3. Content of detailed statement of the reasons of decision on granting a license

All the Council Decisions on granting a license should meet regulatory requirements on their essentials that are specified especially in Art.18, paragraphs 3 and 4 of Act No. 231/2001 Coll., in the following wording:

3. The decision on granting a license contains a statement on granting a license to one of Applicants for a license, and on rejection of other Applicants, statement of the reasons, which contains criteria, on the basis of which the license is granted to the Applicant for a license, and rejection of applications of all other parties to the proceedings, and instructions about a corrective instrument.
4. The decision on granting a license further contains
   1. denomination of the broadcasting operator with license, including identification number provided by administrator of the basic register of persons,
   2. denomination (name) of program and specification, whether the program will be broadcast in full-area, in region, or locally,
   3. time range of broadcasting, and territorial extent of broadcasting,
   4. time, for which the license is granted,
   5. basic program specifications and other program conditions, including presentation of data, whether it concerns a full-format program, and conditions dealing with prospective provision of services directly related with program; in case of digital transmission also conditions relevant to duties of the transmission operator to create and provide sets of data for content of electronic program guide,
   6. main language of broadcasting and a list of countries, to territory of which transmission is to be in whole or prevailingly directed to, if it concerns television broadcasting,
   7. territorial range of transmission by means of cable systems defined by data under Art. 14, paragraph 1 letter f), (hereinafter the "license conditions").

HOW THE COUNCIL PROCEEDS
In preparation of the detailed statement of reasons of the decision in licensing procedure the Council comes out from basic principles that the statement of the reasons of the decision should evaluate the course of the entire proceedings, point out to its substantial phases and acts performed in them, summarize substantial content of applications submitted by parties to the proceedings, and subsequently specify all considerations by which the Council was governed in acceptance of the final decision on granting a license and rejection of other applications, while possibility of the decision re-examination by a court should be assured. In the detailed statement of the reasons of the decision the Council always points out particular facts, which it evaluated, while these facts should always be supported in the document content, therefore, all reasons for the given decision should result from objective groundwork contained in the administrative document kept by the Council. It attends to compliance of the principle that it is necessary to give reasons for the decision in relation to all parties to the proceedings, and give reasons for all statements in the decision, including the negative ones.
The particular content of the detailed statement of the reasons of the decision shall primarily be pointing out individual steps carried out in the course of the proceedings. The statement of the reasons is to be introduced by a mention on publication of the licensing procedure with repeating conditions in it defined. Subsequently the Council in the detailed statement of the reasons shall denominate parties to the proceedings, who submitted their applications in time, with mentioning the applications submitted behind schedule. In this connection the statement of the reasons of the decision states that the applications, on which a joint proceeding was held, met legal contentual and formal requirements, in case of need it is necessary to specify, which applications were rejected for non-fulfillment of these requirements. In the introduction the Council shall briefly review substantial content of applications of individual participants together with possible changes carried out in later proceedings.
In the detailed statement of the reasons of decision on granting a license the Council shall further acknowledge fulfillment of a fee duty (settlement of an administrative charge) by individual Applicants, and tender facts dealing with the held public hearing, together with substantial facts, which eventually followed out of it.
If no other substantial steps occurred in the proceedings, or no other substantial circumstances appeared, the Council proceeds to the proper statement of the reasons of conclusions contained in the decision. In the introduction, it is necessary to repeat legal facts important for the Council Decision (Art. 17 of the Act), by which the Council is governed at its decision making.
After presentation of general legal facts important for decision making the Council always specifies in the written statement of the reasons individual partial criteria, which it sets for these legal facts and their evaluation.
After this introduction the Council specifies in the statement of the reasons (generally, or separately to every criterion) the method of evaluation, which it selected and then continues with description of the process of evaluation of individual partial criteria, with presentation of particular results of evaluation of individual applications. After that the Council describes results of the following evaluation of satisfaction and measure (quality) of fulfillment of individual facts important for the decision (Art. 17 of the Act) of individual applications, performed on the basis of previous evaluation of partial criteria. This part of the statement of the reasons then continues with complex evaluation of individual applications in view of all facts mentioned in Art.17 of the Act.
The detailed statement of the reasons then emphasizes that these conclusions (above all the complex evaluation) formed groundwork for the proper decision making of the Council on granting a license. The course and the result of voting shall be described.
The detailed statement of the reasons of proper granting a license shall be performed by the detailed analysis of results of evaluation of the successful application in view of facts important for the decision making (in case of need also selected partial criteria), while arguments stated by members of the Council themselves will be supplemented in the context into the statement of the reasons of their decision making, without specification of names of the Council members. In analogous manner, the statement of the reasons of rejection of every individual unsuccessful application shall then be prepared (analysis of evaluation, arguments of the Council members), and comparison shall be carried out with the application of the successful Applicant to explain, in which every individual rejected application fulfilled the facts important for the Council Decision in lesser measure (or lower quality) than the application of the successful Applicant. At the same time, it will thus be perceptible from the statement of the reasons, for what particular reasons the successful Applicant met the fact important for the Council Decision in a larger degree (or higher quality) than the unsuccessful Applicants.
Considerations of the Council should be unambiguously apparent from the detailed statement of the reasons, which led to its decision expressed in the statements on the decision on granting a license.
More detailed rules for justifying the Council Decision in licensing procedure will make content of special methodology, which will be continuation of this Manual, and publication of which the Council anticipates in the following months.

In Prague on December 21, 2010

JUDr. Kateřina Kalistová
Chairperson of the Council
for Radio and Television Broadcasting