Second Authority for Television and Radio Law, 5750-1990
חוק הרשות השניה לטלויזיה ורדיו, התש"ן–1990
Published: 1990-02-13Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-09
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Section A-1: Extension of the Period of the First Franchises on Channel 2
Extension of a Television Broadcasting Franchise on Channel 2§
37a.
(a)
(1)A holder of a television broadcasting franchise on Channel 2 may request the Council to extend the validity of his franchise for the period from the 6th of Heshvan 5764 (1 November 2003) until the 28th of Tishri 5766 (31 October 2005) (in this Law – the extension period).
(2)
(a)If the Council has extended the franchises of all franchise holders, the franchise granted to educational television in accordance with the provisions of section 55(a1) shall also be extended until the 28th of Tishri 5766 (31 October 2005).
(b)(Repealed).
(b)Without derogating from the Council's other powers under this Law, the Council shall determine conditions for the extension of the franchise, including conditions that must be fulfilled before the franchise is extended, and it may also determine provisions and restrictions on any matter arising from the provisions of this Law, provided that the following provisions shall apply:
(1)The obligations and conditions that applied to the franchise holder pursuant to law, the Council's rules or the terms of the franchise in the tenth year of the franchise shall also apply to him during the extension period, unless the Council has determined that conditions or obligations that it determines shall not apply to him, or shall apply with such modifications as it has determined;
(2)Notwithstanding the provisions of section 100(b), the royalties to be paid by a franchise holder to the Authority shall, during the extension period, be at a rate of 4%; the Minister may, with the consent of the Minister of Finance, after consulting with the Minister responsible for the Cinema Law, 5759-1999, and with the approval of the Committee, determine a higher rate, provided that it does not exceed 6%;
(3)The franchise holder shall pay the State consideration for the extension of his franchise, to be determined by the Minister of Finance, with the consent of the Minister of Communications and with the approval of the Committee.
(c)The Council shall not approve the extension of a franchise if it finds that one or more of the conditions enumerated in this Law, which would have qualified the franchise holder to participate in the tender or to be a franchise holder on Channel 2, have ceased to be fulfilled in respect of the franchise holder, or that a condition which would have disqualified him from participating in the tender or from being a franchise holder as aforesaid under the provisions of this Law has become fulfilled in respect of him.
(d)If not all franchises on Channel 2 have been extended, or if a franchise whose validity has been extended has expired or been revoked (in this section – a former franchise), the Council shall determine provisions regarding the broadcasting unit of the former franchise holder, whether by way of publishing a tender for the operation of the broadcasting unit, or in another manner, including the distribution of the said broadcasting unit among all or some of the remaining franchise holders, and shall in that connection determine the payments to be made by a franchise holder who has received additional broadcasting time, the types and subjects of broadcasts and the obligations regarding the additional local productions that shall apply to him, and the Council may determine in rules the adjustments and modifications required in the First Schedule and in rules under this Law.
(e)The provisions of sections 54a, 71a and 71b shall apply in respect of franchise holders on Channel 2 also during the extension period.
Use of the Terrestrial Frequency and Transmitters§
37b.
(a)If the Council has decided to extend a television broadcasting franchise on Channel 2 in accordance with the provisions of section 37a, and another holder of a television broadcasting licence under this Law has requested to use, for his broadcasts, the terrestrial frequency and transmitters that served the Channel 2 franchise holders prior to the extension period, the Council may, notwithstanding the extension, after having weighed the public interest, conduct a closed tender among all holders of television broadcasting licences under this Law for the grant of the right to use the said frequency and transmitters during the extension period.
(b)In a tender as referred to in subsection (a), the Council shall determine –
(1)Provisions and conditions regarding the right to use the terrestrial frequency and transmitters, including the date from which the right to use shall be granted to the winner of the tender, which shall not precede the commencement date of the extension period;
(2)The obligations that the winner of the tender must fulfil in order to ensure payment of the value of the terrestrial frequency, taking into account, inter alia, the financial costs involved in its use.
(c)The Council may require the winner of the tender to provide guarantees to secure his obligations as referred to in subsection (b).
(d)Notwithstanding the provisions of subsections (a) and (b), the Minister may, with the consent of the Council and with the approval of the Committee, determine provisions regarding the cancellation of terrestrial broadcasting, in whole or in part, or determine other arrangements that shall apply in respect of broadcasting methods under this Law.
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Contact Us →Section A-2: Extension of the Franchise Periods on the Third Channel
Extension of a Television Broadcasting Franchise on the Third Channel§
37c.
(a)A holder of a television broadcasting franchise on the Third Channel may request the Council to extend the validity of his franchise for the period from the 13th of Shevat 5770 (28 January 2010) until the 3rd of Shevat 5772 (27 January 2012) (in this section – the first extension period).
(a1)If a franchise holder has requested the Council to extend the validity of his franchise as referred to in subsection (a), the Council shall extend the validity of his franchise for the first extension period, upon the fulfilment of all of the following:
(1)The franchise holder has submitted to the Council for its approval a detailed plan, including stages of action, for the completion by the 5th of Tevet 5772 (31 December 2011) of the obligations and conditions under this Law, the Council's rules and the terms of the franchise, which he did not fulfil during the franchise period, relating to the expenditure he is required to make for the purpose of financing the production and acquisition of programmes of a high-quality genre as defined in the Second Schedule and the broadcasting of such programmes, all in the amounts specified in section 5(c) to (e) of the Second Schedule (in this section – the plan for the completion of the high-quality genre);
(2)The franchise holder has submitted to the Council for its approval a detailed plan, including stages of action, for the completion by the 9th of Tevet 5775 (31 December 2014) of the obligations and conditions under this Law, the Council's rules and the terms of the franchise, which he did not fulfil during the franchise period, relating to the expenditure for the production of Israeli films, in the amount of NIS 20 million (in this section – the plan for the completion of cinema expenditure); the said amount shall be updated in accordance with the provisions of section 8(d) of the Second Schedule;
(3)The franchise holder has submitted to the Council a plan including stages of action and implementation for ensuring, by the 5th of Tevet 5772 (31 December 2011), the location of the news company in Jerusalem in accordance with the provisions of section 3a, such that by that date the provisions of the said section are complied with (in this section – the plan for ensuring the location of the news company in Jerusalem);
(4)One or more of the conditions enumerated in this Law that would have qualified the franchise holder to participate in the tender or to be a franchise holder on the Third Channel have not ceased to be fulfilled in respect of him, and a condition that would have disqualified him from participating in the tender or from being a franchise holder as aforesaid under the provisions of this Law is not fulfilled in respect of him;
(5)The Council has approved, by the 3rd of Shevat 5770 (18 January 2010), the plan for the completion of the high-quality genre, the plan for the completion of cinema expenditure, and that the conditions referred to in paragraph (4) are fulfilled in respect of the franchise holder, and has also transmitted its recommendation regarding the plan for ensuring the location of the news company in Jerusalem to the Economics Committee of the Knesset;
(6)The Economics Committee of the Knesset has approved the plan for ensuring the location of the news company in Jerusalem, after the Council's recommendation regarding that plan has been brought before it;
(7)The franchise holder has provided to the Authority, no later than the 16th of Adar 5770 (2 March 2010), a cash deposit or a bank guarantee in the amount of NIS 20 million, to secure the implementation of the plan for the completion of the high-quality genre and the plan for the completion of cinema expenditure, in addition to the guarantees provided to the Authority pursuant to section 33(b)(3); the Director shall instruct the franchise holder regarding the conditions of the cash deposit or the text of the bank guarantee, as the case may be, and shall also be entitled to instruct the return of the cash deposit or the bank guarantee if all the obligations and conditions that the franchise holder was required to complete by the 5th of Tevet 5772 (31 December 2011) under the plan for the completion of the high-quality genre and the plan for the completion of cinema expenditure have been completed, provided that the cash deposit or the bank guarantee, as the case may be, was provided in accordance with the provisions of subsection (a2); if the franchise holder has not provided a cash deposit or a bank guarantee as aforesaid, his franchise shall expire forthwith;
(8)The franchise holder has paid the non-spreadable debt as defined in section 102a1(a) no later than the date of commencement of Amendment No. 32, and has also paid, within the said period, the balance of the total debt as defined in that section, or the date of payment of the balance of the total debt has been deferred in accordance with the provisions of section 102a1.
(a2)(Repealed).
(a3)If the franchise holder has not complied with the provisions of the plan for the completion of the high-quality genre, or with the provisions of the plan for the completion of cinema expenditure, this shall be deemed a breach of a material condition of the franchise, for the purpose of section 37(a)(4).
(a4)The obligations and conditions applying to the franchise holder pursuant to Amendment No. 32 during the first extension period shall not derogate from the obligations and conditions that applied to him on the eve of the date of commencement of Amendment No. 32 under this Law, the Council's rules or the terms of the franchise, unless otherwise determined pursuant to the said amendment; for this purpose, if the plan for ensuring the location of the news company in Jerusalem has been approved and the franchise holder has acted in accordance therewith, he shall not be regarded as having breached the provisions of section 3a until the end of the first extension period.
(b)The franchise period of a franchise holder whose franchise period has been extended as referred to in subsection (a) shall be extended until the 19th of Tevet 5773 (1 January 2013) or until the transition date determined by the Minister by Order if he has deferred the date in accordance with the provisions of section 33c (in this section – the second extension period), all unless the Council has found that one of the conditions enumerated in this Law that would have entitled the franchise holder to participate in the tender or to be a franchise holder on the Third Channel has ceased to be fulfilled in respect of him, or that a qualification that would have disqualified him from participating in the tender or from being a franchise holder as aforesaid under the provisions of this Law has become fulfilled in respect of him.
(b1)The franchise period of the franchise holder whose franchise period has been extended as referred to in subsections (a) and (b) shall be extended until the 13th of Tammuz 5775 (30 June 2015) (in this section – the third extension period), provided that the Council has found that all of the following are fulfilled:
(1)The franchise holder paid by the 18th of Tevet 5773 (31 December 2012) his debts in respect of franchise fees, distribution fees and royalties that he was liable to pay pursuant to Section A of Chapter VIII by the said date;
(2)One or more of the conditions enumerated in this Law that would have entitled the franchise holder to participate in the tender or to be a franchise holder on the Third Channel have not ceased to be fulfilled in respect of him, and a qualification that would have disqualified him from participating in the tender or from being a franchise holder as aforesaid under the provisions of this Law is not fulfilled in respect of him;
(3)The franchise holder has transmitted to the Council by the 17th of Tevet 5773 (30 December 2012) an undertaking pursuant to which the location of the news company of the Third Channel shall be, no later than the 26th of Elul 5773 (1 September 2013), in Jerusalem, in accordance with the provisions of section 3a.
(c)(Repealed).
(d)During the second extension period and the third extension period, the following provisions shall apply to the franchise holder:
(1)The obligations and conditions that applied to the franchise holder pursuant to law, the Council's rules or the terms of the franchise in the tenth year of the franchise shall also apply to him during the second extension period and the third extension period, unless otherwise determined in this Law;
(2)In respect of the second extension period and the third extension period, the franchise holder shall pay the State consideration for the extension of his franchise for these periods, to be determined by the Minister of Finance, after receiving the recommendation of the Second Authority in that regard, with the consent of the Minister and with the approval of the Committee; if the franchise holder has not paid the said consideration, his franchise shall expire.
(e)(Repealed).
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Contact Us →Section A-3: Use of a Channel and Intangible Assets of the Authority
Use of a New Channel§
37d.
(a)In this Section –
"new channel" – a channel included in the list determined pursuant to section 6u1(f) of the Communications Law that is not an existing channel;
"existing channel" – a channel on which a holder of a general cable broadcasting licence and a holder of a satellite broadcasting licence broadcast the broadcasts of a holder of a television broadcasting licence, and whose number was determined in the manner specified in this section, provided that less than two years have elapsed from the date of the expiry or revocation of the said television broadcasting licence;
"eligible for a channel request" – a holder of a television broadcasting licence, and also one who has submitted to the Council an application for the grant of a television broadcasting licence and in respect of whom, in the Council's view, what is stated in section 33a(a)(1) and (3) and in the rules determined by the Council pursuant to section 33a(c), to the extent that it has determined such rules, is fulfilled, and in respect of whom the conditions referred to in section 33a(b) or the restrictions determined by the Council in the said rules are not fulfilled;
"general cable broadcasting licence" and "holder of a satellite broadcasting licence" – as defined in sections 6a and 6aq of the Communications Law, respectively.
(b)If one or more applications for the grant of a television broadcasting licence have been submitted and the Council has found that at least one of the applicants is eligible for a channel request, the Authority shall publish a public notice of its intention to permit the use of one or more new channels for the transmission of broadcasts of holders of television broadcasting licences, and the following provisions shall apply:
(1)If at least two persons eligible for a channel request have requested, by the date instructed by the Authority, to make use of a new channel, the Authority shall publish a tender regarding the use of the new channels, which shall be as consecutive as possible, in a number equal to the number of applicants, and the applicants shall be required to submit their proposals in respect of each of them; the provisions of section 40 shall apply in respect of such a tender, with the necessary modifications, and the Council may determine rules regarding the tender proceedings pursuant to this paragraph, including regarding the manner of submitting and processing proposals;
(2)If only one person eligible for a channel request has requested, by the date instructed by the Authority, to make use of a new channel, the Council shall instruct as to the channel to be used, whose number shall be as consecutive as possible to other channels on which broadcasts of holders of television broadcasting licences are transmitted, and shall determine, with the approval of the Minister and the Minister of Finance, a one-time amount to be paid for the use;
(3)The Council shall give its decision regarding the selection of the winners of the tender pursuant to paragraph (1), or shall determine the channel and the one-time amount to be paid pursuant to paragraph (2), as the case may be, no later than three months from the date on which it found that the applicant for a television broadcasting licence is eligible for a channel request; however, if the Council found, up to nine months before the transition date, that an applicant for a television broadcasting licence is eligible for a channel request, it shall publish a public notice pursuant to this subsection nine months before the transition date, and shall give its decision regarding the selection of the winners of the tender pursuant to paragraph (1), or shall determine the channel and the one-time amount to be paid pursuant to paragraph (2), as the case may be, no later than six months before the transition date;
(4)Without derogating from the provisions of sections 34(e), 71d(b) and (c) and 71e(b) and (b1), regarding the date of commencement of validity of a television broadcasting licence, the commencement of broadcasts on the new channel by the licence holder who won the tender pursuant to paragraph (1), or who paid a one-time amount pursuant to paragraph (2), shall be at the date determined by the Council in the licence, which shall not be later than the end of ten months from the date of the Council's decision or from the date of the Council's determination as referred to in paragraph (3), as the case may be.
Use of an Existing Channel and Intangible Assets of the Authority and Purchase of Shares in the News Company§
37e.
(a)If a television broadcasting licence has not been extended, has expired or has been revoked, or if a licence holder as aforesaid has not submitted an application to extend the validity of his licence by the date referred to in section 35a(c) (in this section – the previous licence), the Authority shall publish a public notice of its intention to permit a holder of a television broadcasting licence to use an existing channel on which the broadcasts of the holder of the previous licence were transmitted, and also to make use of intangible assets of the Authority that the holder of the previous licence used (in this section – use of an existing channel and assets), and the following provisions shall apply:
(1)If at least two persons eligible for a channel request have requested, by the date instructed by the Authority, to make use of an existing channel and assets, the Authority shall publish a tender regarding the use of the existing channel and assets among those who submitted the said application; the provisions of section 40 shall apply in respect of such a tender, with the necessary modifications, and the Council may determine rules regarding the tender proceedings pursuant to this paragraph, including regarding the manner of submitting and processing proposals;
(2)If only one person eligible for a channel request has requested, by the date instructed by the Authority, to make use of an existing channel and assets, the Council shall determine, with the approval of the Minister and the Minister of Finance, a one-time amount to be paid for the use;
(3)If no application pursuant to paragraphs (1) or (2) has been submitted by the date instructed by the Authority, and after that date a person eligible for a channel request has requested to make use of an existing channel and assets, the Authority shall publish a public notice of its intention to permit the person who so requested to make such use, unless an additional person eligible for a channel request approaches the Authority within a period that it instructs, with a request to make such use; if an additional eligible person has so approached, the provisions of paragraph (1) shall apply; if no additional eligible person has so approached – the provisions of paragraph (2) shall apply.
(b)
(1)A holder of a television broadcasting licence who won the tender pursuant to subsection (a)(1) or who paid the amount referred to in subsection (a)(2) (in this subsection – the winning licence holder) shall purchase the shares held by the holder of the previous licence in the news company; in the absence of agreement between the said licence holders regarding the terms of sale, the Director shall determine the said terms, based on a valuation of the shares according to a calculation method to be determined by the Council in rules.
(2)Notwithstanding the provisions of paragraph (1), the Council may instruct, at the request of the winning licence holder, that he shall not be obligated to purchase the shares in the news company as referred to in that paragraph.
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