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 C: Functions and Powers of the Council
Functions and Powers of the Council§
23.
The Council – without derogating from its other functions and powers:
(1)shall lay down the lines of action of the Authority;
(2)
(a)shall exercise ongoing supervision over the conduct of broadcasting by those licensed to broadcast, and over the provision of services by them, including supervision over the duty of labelling and provision of information, and over the prevention of the broadcasting of an advertisement or trailer prohibited from being broadcast by those licensed to broadcast in accordance with the provisions of the Classification, Labelling and Prohibition of Harmful Broadcasts Law, 5761-2001, and shall also supervise the fulfilment of obligations under the Television Broadcasts (Subtitles and Sign Language) Law, 5765-2005;
(b)within the framework of ongoing supervision under sub-paragraph (a), the Council shall, once a year, conduct a review procedure, in which it shall examine how a holder of a television broadcasting licence fulfilled, in the year in respect of which the review was conducted, the provisions under this Law, the Council's rules and the conditions of the licence, relating to the content of broadcasts, including the financing of production and acquisition of programmes; the Council shall publish on the Authority's website a report summarising the results of the review procedure;
(3)shall deliberate on the Authority's draft budget for each financial year submitted to it by the Director and shall approve it as submitted or with such amendments as it deems fit;
(4)shall appoint, on the recommendation of the Director, the Authority's representatives on the board of directors of the company;
(5)(deleted);
(6)shall determine, with the approval of the Minister, the zones for a radio broadcasting franchise as referred to in section 72;
(7)shall deliberate on the reports submitted to it by the Authority's auditor and shall determine its conclusions;
(8)shall receive, upon its demand, reports from the Director and from sub-committees, shall deliberate on them and shall determine its conclusions;
(9)shall submit to the Minister any report he demands;
(10)shall deliberate and decide on any other matter that appears to it to be necessary for the performance of its functions.
Determination of Rules§
24.
(a)The Council shall determine rules, subject to the provisions of the Second Schedule, having regard to its functions under this Law, as set out below:
(1)investment in local productions and in high-quality genre programmes and the manner of recognising them;
(2)ethics in television and radio broadcasts and in advertisements;
(3)the manner of making broadcasts accessible to persons with disabilities, including making the broadcast schedule accessible;
(4)protection of minors and helpless persons;
(5)prohibited broadcasts as referred to in section 46;
(6)the subjects, style, content, scope and timing of advertising broadcasts permitted under this Law;
(7)reports to be given by those licensed to broadcast to the Authority;
(8)rules regarding propaganda broadcasts on regional radio for elections to local authorities pursuant to the provisions of section 16d of the Elections (Methods of Propaganda) Law, 5719-1959.
(b)The Council shall bring to the attention of the Committee rules that it has determined.
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Contact Us →Section D: Management of the Authority
Appointment of the Director General§
25.
The Council shall appoint, on the recommendation of the Minister and with the approval of the Government, the Director General of the Authority; notice of the appointment shall be published in Reshumot (Official Gazette).
Tenure of the Director§
26.
(a)The term of office of the Director shall be five years; the Council may extend his appointment for a second term of office; upon the conclusion of the second term, the Council may, by a majority of two-thirds of its members, extend the term of office of the Director for a third term of office.
(b)The Director shall cease to hold office before the end of his term of office in any of the following:
(1)he resigned by written notice submitted to the Council through the chairperson of the Council;
(2)the chairperson of the Council, after consulting with the Council and with the consent of the Minister, determined that the Director is permanently unable to fulfil his functions;
(3)the Council, by a majority of two-thirds of its members, decided, in a reasoned decision, to remove him from office.
(c)If the Director resigned, his tenure shall expire upon the conclusion of thirty days from the day on which he submitted the notice of resignation, unless the Council decided, with the Director's consent, on a different date.
(d)If the Director is temporarily unable to fulfil his functions or his position has become vacant and another has not yet been appointed in his place, the chairperson of the Council shall appoint an acting director for the Authority for a period not exceeding one month.
(e)If the Attorney General finds that there are grounds for suspecting that the Director has committed a criminal offence that prima facie involves moral turpitude, or that an indictment has been filed against him for such an offence, he shall propose to the Minister to suspend him from office until a final judgment is given in his matter or until a decision is received not to prosecute him.
Terms of Employment of the Director§
27.
The Council, with the approval of the Minister and in consultation with the Minister of Finance, shall determine the salary and terms of employment of the Director.
Functions and Powers of the Director§
28.
(a)The Director is responsible for the ongoing management of the affairs of the Authority and his functions shall include, inter alia:
(1)(deleted);
(2)(deleted);
(3)to supervise that those licensed to broadcast conduct broadcasting in accordance with the provisions of this Law and in accordance with the conditions of the broadcasting franchise or the conditions of the broadcasting licence;
(4)to prepare the Authority's draft budget for each financial year and to submit it to the Council for approval no later than two months before the commencement of each financial year;
(5)to submit to the Council an annual report on the activities of the Authority and the activities of those licensed to broadcast, as well as any other report that the Council demands and at the time it demands;
(6)(deleted);
(7)to participate in the conduct of viewership and listenership surveys, provided that they represent the entire population in Israel, and to announce their results to the public.
(b)The Director shall have all the powers necessary for the ongoing management of the Authority, including the power to represent it in any matter.
(c)The Director shall act in accordance with the decisions and directives of the Council.
(d)The Director may delegate his powers to an employee of the Authority; however, delegation of the power to represent the Authority in transactions requires the approval of the Council.
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Contact Us →Section E: Employment of Employees
Personnel Ceiling for Authority Employees§
29.
The Minister, with the approval of the Government, may determine the personnel ceiling for the employees of the Authority.
Employment of Employees§
30.
(a)The recruitment of a person for employment at the Authority shall be carried out by way of a public tender.
(b)The Council may, for special reasons that shall be recorded, decide on positions and categories of positions in respect of which the tender obligation referred to in subsection (a) shall not apply.
(c)Nothing in this section shall prevent the employment of an employee in the service of the Authority under a special contract.
(d)The Council may determine rules regarding the methods and particulars of tenders, whether generally or for categories of positions, as well as regarding the cases and conditions under which an employee shall be employed under a special contract.
Terms of Employment of Authority Employees§
31.
(a)The Director, with the approval of the Council, shall determine the list of positions at the Authority and the terms of employment therein; the salary and terms of employment of the Authority's employees shall be determined with the approval of the Minister after consultation with the Minister of Finance.
(b)Upon the recruitment of an employee to a position at the Authority, the Director shall determine the terms of his employment, his salary and his period of employment, within the framework of the salary and terms of employment determined pursuant to subsection (a).
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Contact Us →Chapter III: Franchise and Licence for Broadcasting
Section A: The Broadcasting Franchise, the Franchise for the Operation of a Broadcasting Station and the Broadcasting Licence
Franchise and Licensing§
32.
(a)No person shall establish or operate a broadcasting station, nor shall he conduct broadcasting, unless he has received a franchise or a licence therefor, in accordance with the provisions of this Law.
(b)Nothing in the provisions of this section shall derogate from the provisions of the Wireless Telegraph Ordinance.
(c)The provisions of subsection (a) shall not apply to broadcasts lawfully provided to the public.
Broadcasting Franchise and Radio Broadcasting Licence and Their Conditions§
33.
(a)The Council may grant radio broadcasting franchises, digital radio broadcasting licences and analogue radio broadcasting licences, and also, until the transition date – television broadcasting franchises as well, pursuant to the provisions of this Law.
(b)The Council may prescribe in broadcasting franchises, in digital radio broadcasting licences and in analogue radio broadcasting licences, conditions, including conditions that must be fulfilled before such franchises or licences are granted, and may also prescribe provisions and restrictions on any matter arising from the provisions of this Law, including on the following matters:
(1)standards, specifications and timetables for the establishment, operation and broadcasting of broadcasting stations and the engineering supervision of their implementation;
(2)the broadcasting unit at the disposal of the franchise holder or the licence holder;
(3)the guarantees that the franchise holder or the licence holder must furnish to the Authority in order to secure the fulfilment of the conditions of the franchise or the licence and the methods of their realisation, all as the Council shall determine in rules; the rules under this paragraph require the approval of the Minister.
The Second Authority for Television and Radio (Franchise Holder's Guarantees) Rules, 5752-1992 (Kovetz HaTakanot 5752, 1231) have been published.
The Second Authority for Television and Radio (Guarantees of a Radio Broadcasting Franchise Holder) Rules, 5755-1995 (Kovetz HaTakanot 5755, 739) have been published.
(c)A holder of a broadcasting franchise, a holder of a digital radio broadcasting licence or a holder of an analogue radio broadcasting licence shall comply with all the conditions of the franchise or the licence as prescribed in his franchise or licence, as the case may be.
Television Broadcasting Licence and Its Conditions§
33a.
(a)The Council may grant a television broadcasting licence to a licence applicant as referred to, even if he does not seek to distribute the broadcasts wirelessly (in this section – the applicant), if all of the following conditions are met:
(1)the applicant satisfies the conditions set out in paragraphs (1) to (4) of section 41(a);
(2)the applicant has deposited with the Authority securities, including as set out below, in accordance with the rules determined by the Council pursuant to section 33b(a)(2):
(a)an autonomous bank guarantee to secure compliance with the provisions under this Law, the Council's rules and the conditions of the licence;
(b)an autonomous bank guarantee or a deposit to secure the expenses that a licence holder must incur for the production of high-quality genre programmes and Israeli films, pursuant to the provisions of the Second Schedule;
(3)the applicant satisfies every additional condition that he is required to satisfy and that was prescribed pursuant to subsection (c), insofar as such a condition was prescribed.
(b)Notwithstanding the provisions of subsection (a), the Council shall not grant the applicant a television broadcasting licence if any of the following applies, or if what is stated in sections 41(b2) or 56 applies:
(1)the applicant was a holder of a television broadcasting franchise or a holder of a television broadcasting licence during all or part of the three years preceding the date of submission of the application for a television broadcasting licence, and the Council found that the applicant did not, during the period of the franchise or the licence, comply with the provisions under this Law, the Council's rules or the conditions of the franchise or the licence, as the case may be; for this purpose, a breach that in the Council's opinion is a negligible breach shall not be taken into account; however, if the applicant was a holder of a television broadcasting franchise or a holder of a television broadcasting licence during all or part of the year preceding the date of submission of the application for a television broadcasting licence, the provisions of section 35a(b) shall apply, with the necessary modifications;
(2)between the applicant and a defaulting broadcaster there were relations as set out below, at the time of the breach or thereafter, and three years have not yet elapsed from the date of termination of such relations:
(a)the applicant was an interested party in the defaulting broadcaster;
(b)the defaulting broadcaster was an interested party in the applicant;
(c)an interested party in the applicant was an interested party in the defaulting broadcaster; for the purpose of this paragraph, the date of expiry or revocation of the franchise or the licence of the defaulting broadcaster shall also be deemed the date of termination of the relations between it and the applicant;
(3)the applicant satisfies what is stated in paragraph (3) of section 42(a);
(4)in the Council's opinion, the granting of the licence to the applicant is liable to be contrary to the public interest or to constitute a risk to state security;
(5)there exist in the applicant a condition or restriction that must not exist in him and that were prescribed pursuant to subsection (c), insofar as such a condition or restriction were prescribed.
(c)The Council may prescribe, in rules, conditions and restrictions for the granting of a television broadcasting licence, in addition to those listed in subsections (a) and (b), with the aim of ensuring that the applicant will conduct television broadcasting in accordance with the provisions under this Law, the Council's rules and the licence; the Council may also prescribe in a television broadcasting licence conditions, provisions and restrictions on any matter arising from the provisions of this Law.
The Second Authority for Television and Radio (Procedures and Conditions for Obtaining a Television Broadcasting Licence) Rules, 5772-2011 have been published.
(d)A licence holder shall comply with all the conditions of the television broadcasting licence as prescribed in his licence.
(e)In this section –
"defaulting broadcaster" – a corporation that, if it were to apply for a television broadcasting licence under this section, would not receive such a licence for the reason referred to in subsection (b)(1);
"date of the breach" – the date on which the defaulting broadcaster breached the provisions under this Law, the Council's rules or the conditions of the franchise or the licence, as the case may be, as referred to in subsection (b)(1), and if it committed several such breaches – the earliest of them.
Rules for the Granting of a Television Broadcasting Licence§
33b.
(a)The Council shall prescribe in rules provisions on the following matters:
(1)the date from which an application for obtaining a television broadcasting licence may be submitted, with the aim of enabling the commencement of broadcasting by the licence holder from the transition date; rules under this paragraph require the approval of the Minister;
The Second Authority for Television and Radio (Date for Submission of an Application for a Television Broadcasting Licence) Rules, 5771-2011 have been published.
(2)provisions regarding the securities that the applicant must deposit pursuant to section 33a(a)(2), including their amounts, the dates of their deposit and the methods of their realisation.
(b)The Council may prescribe in rules additional provisions regarding the granting of a television broadcasting licence, including, inter alia, on the following matters:
(1)the methods of submitting an application for the granting of a licence and the handling thereof;
(2)information that the applicant must disclose to the Council, including information regarding an interested party in the applicant and regarding any other factor that has, directly or indirectly, means of control in the applicant;
(3)documents that the applicant must furnish to the Council for the purpose of obtaining the licence.
The Second Authority for Television and Radio (Procedures and Conditions for Obtaining a Television Broadcasting Licence) Rules, 5772-2011 have been published.
Postponement of the Transition Date§
33c.
If the Minister is of the opinion that there is a need to do so, he may, with the consent of the Minister of Finance and after consulting with the Council, postpone, by Order, no later than the 25th of Adar Aleph 5771 (1 March 2011), the transition date to a date that shall be no later than the 29th of Tevet 5774 (1 January 2014).
Restriction on Granting a Licence§
33d.
The Council shall not grant a television broadcasting licence whose validity commences on the transition date to one to whom notice was given that he has been found eligible therefor, unless it found, four months before the transition date, that what is stated in section 33a(a) and in the rules determined by the Council pursuant to section 33a(c) – insofar as it determined such rules – is satisfied in respect of him, and that the conditions referred to in section 33a(b), or the restrictions determined by the Council in the said rules, are not satisfied in respect of him.
Period of validity of a broadcasting franchise and a broadcasting licence and review procedure§
34.
(a)
(1)The period of validity of a radio broadcasting franchise shall be four years.
(2)Notwithstanding the provisions of paragraph (1), the period of validity of a radio broadcasting franchise granted by tender in accordance with the provisions of section 38, commencing at the end of the period referred to in section 35(d), shall be 18 years; without derogating from the powers of the Council under this Law, the Council shall conduct a review procedure in which it shall examine how a holder of such a franchise complied with the provisions under this Law, the Council's rules and the conditions of the franchise, in the period to which the review relates; the review procedure shall be conducted at the end of six years from the date on which the franchise holder commenced its broadcasts, and also at the end of 12 years from that date; the Council shall publish on the Authority's website a report summarising the results of the review procedure.
(a1)The period of validity of a digital radio broadcasting licence shall be determined in rules under section 72b.
(b)The period of validity of a television broadcasting franchise granted for the first time to each of the broadcasting units on Channel 2, in the scope determined for the first time for each unit, shall be six years (hereinafter – first franchise period).
(b1)The period of validity of a television broadcasting franchise on Channel 2 granted to the winner of a tender after the commencement of the Second Authority for Television and Radio Law (Amendment No. 19), 5763-2003, shall be ten years; the provisions of paragraph (2) of subsection (c) shall apply to a franchise referred to in this subsection, however the review procedure under that paragraph shall be conducted at the end of the first five years of the franchise period.
(b2)(Repealed).
(b3)Notwithstanding the provisions of subsection (b1), if a holder of a television broadcasting franchise on Channel 2 requested, by the 7th of Heshvan 5775 (31 October 2014), that its said franchise be extended, and the consent of the second holder of a television broadcasting franchise on Channel 2, if any, was obtained therefor, the Council shall extend its franchise until the 11th of Heshvan 5778 (31 October 2017) (in this section – additional extension period), provided that it found that one or more of the conditions listed in this Law that entitled the franchise holder to participate in a tender or to be a holder of a franchise on Channel 2 had not ceased to be fulfilled in the franchise holder, and that no disqualifying ground that would have disqualified it from participating in a tender or from being a franchise holder as aforesaid under the provisions of this Law is fulfilled in it; during the additional extension period the following provisions shall apply:
(1)The obligations and conditions that applied to the franchise holder under this Law, the Council's rules or the conditions of the franchise in the tenth year of the franchise, shall also apply to it during the additional extension period;
(2)The franchise holder shall pay to the State consideration for the extension of its franchise, to be determined by the Minister of Finance, after the recommendation of the Authority has been given to him, with the consent of the Minister and subject to the approval of the Committee; if the franchise holder did not pay the said consideration, its franchise shall lapse;
(3)The franchise granted to educational television in accordance with the provisions of section 55(a1) shall be extended until the end of the additional extension period;
(4)If there were two franchise holders on Channel 2 and a franchise whose validity was extended lapsed or was revoked (in this paragraph – former franchise), the Council shall determine provisions concerning the broadcasting unit of the former franchise holder, including the use of the said broadcasting unit by the remaining franchise holder, and shall in that context determine the payments to be made by the franchise holder that received additional broadcasting time, the types and subjects of broadcasts and the obligations relating to additional local productions that shall apply to it, and the Council may determine in rules the necessary adjustments and amendments to the First Schedule and to the rules under this Law.
(c)
(1)The period of validity of a television broadcasting franchise granted to each of the broadcasting units on Channel 3 shall be eight years (in this subsection – the franchise period).
(2)Without derogating from the powers of the Council under this Law, at the end of the first four years of the franchise period the Council shall conduct a review procedure in which it shall examine how the franchise holder complied during that period with the provisions under this Law, the Council's rules and the conditions of the franchise (in this subsection – provisions of law); if the Council finds that the franchise holder breached the provisions of law, but the severity of the breach does not, in the opinion of the Council, justify revocation of the franchise in accordance with its power under section 37, it shall direct the franchise holder, after having given it an opportunity to present its arguments, on how to remedy the breaches during the remainder of the franchise period.
(d)Notwithstanding the provisions of subsection (c)(1), the period of validity of a television broadcasting franchise on Channel 3 granted to the winner of a tender after the commencement date of Amendment No. 33 and before the transition date, shall be until the 18th of Heshvan 5776 (31 October 2015); the provisions of subsection (c)(2) shall not apply to such a franchise.
(e)The period of validity of a television broadcasting licence shall be 15 years from the date of commencement of broadcasts by the licence holder, as determined in the licence, provided that the said date shall not precede the transition date.
(f)
(1)Without derogating from the powers of the Council under this Law, once every four years commencing from the date of commencement of broadcasts by a holder of a television broadcasting licence, as determined in the licence, the Council shall conduct a review procedure in which it shall examine how the licence holder complied during that period with the provisions under this Law, the Council's rules and the conditions of the licence, that concern the content of broadcasts, including the financing of the production and acquisition of programmes, based, inter alia, on annual reports that it published under section 23(2)(b) in respect of that period; the review procedure under this paragraph shall commence at the end of every such four-year period and shall conclude no later than one year after the end of the said four-year period.
(2)If the Council finds in the review procedure under paragraph (1) that the licence holder breached the provisions, rules and conditions of the licence referred to in that paragraph, but the severity of the breach does not, in its opinion, justify revocation of the licence in accordance with its power under section 37, it shall direct the licence holder, within 45 days of the conclusion of the review and after having given it an opportunity to present its arguments, on how to remedy the breach during a period that it shall determine and that shall not exceed one year from the date on which the direction was given as aforesaid.
(3)The Council shall publish the findings of the review procedure on the Authority's website; the Council shall bring to the attention of the Economics Committee of the Knesset the findings of the review procedure and the directions it gave to the licence holder under paragraph (2), to the extent that it gave any.
Provisions regarding the 2004 tender for a television broadcasting franchise and the merger of franchise holders on Channel 2§
34a.
(a)The Authority shall publish, between the 29th of Elul 5764 (15 September 2004) and the 15th of Tishrei 5765 (30 September 2004), a tender, in accordance with the provisions of this Law, for the grant of a television broadcasting franchise on Channel 2 for a period commencing on the 29th of Tishrei 5766 (1 November 2005).
(b)The Commissioner as defined in the Economic Competition Law (in this section – the Commissioner) shall decide by the 26th of Sivan 5764 (15 June 2004) whether significant competition exists between Channel 2 and Channel 3.
(c)After receiving the Commissioner's decision, as referred to in subsection (b), the Council may determine, after having consulted with the Commissioner, that notwithstanding the provisions of section 54(a), the tender to be published by the Authority under this section shall be for the grant of two franchises and two broadcasting units.
(d)The holders of franchises on Channel 2, all or some of them, as well as those who hold means of control in them, all or some of them, may, alone or together with others, for the purpose of participating in a tender under this section, do one of the following:
(1)Merge into two separate corporations, each of which fulfils the provisions of this Law regarding participation in a tender;
(2)If the Commissioner decided that significant competition exists, as referred to in subsection (b) – merge into one separate corporation that fulfils the provisions of this Law regarding participation in a tender.
(e)
(1)After the commencement of broadcasts under the franchises granted in the tender under subsection (c), the Council may approve, subject to conditions it shall determine, the merger of the two franchise holders who won the said tender into one corporation that fulfils the provisions of this Law qualifying it to participate in a tender and to be a franchise holder.
(2)A corporation referred to in paragraph (1) shall be the holder of a franchise for one broadcasting unit, which shall replace the two broadcasting units of the franchise holders referred to in that paragraph.
(3)The provisions of subsections (a) and (c) of section 71b shall apply in respect of a merger under this subsection.
(4)Nothing in the provisions of this subsection shall derogate from the provisions of the Economic Competition Law.
(f)In respect of a tender under this section, petitions against decisions of the Council as a tenders committee shall be heard before the Supreme Court sitting as the High Court of Justice only.
Extension of a radio broadcasting franchise§
35.
(a)
(1)The Council may extend the validity of a radio broadcasting franchise without a tender, for four additional periods, taking into account, inter alia, the possibility of allocating frequencies, the conditions of wave propagation, economic considerations and the variety of types and character of broadcasts, provided that it has found that the franchise holder fulfilled the duties imposed on it under law, the Council's rules and the conditions of the franchise.
(2)The extension of the franchise period in the third period may be for the entire period or part thereof and may be effected more than once, provided that the total of the extensions in the third period shall not exceed, in aggregate, four years.
(3)(deleted).
(b)The Council shall be entitled to make the extension of the validity of a franchise as referred to in subsection (a) subject to conditions it shall determine.
(c)The Council's decisions regarding the extension of the validity of a radio broadcasting franchise under this section shall be reasoned and in writing and shall be published on the Authority's website.
(d)Notwithstanding the provisions of this section, the validity of a radio broadcasting franchise shall be until the 29th of Tevet 5793 (31 December 2032); nothing in the provisions of this subsection shall derogate from the power of the Council to revoke a radio broadcasting franchise under the provisions of this Law.
(e)The provisions of this section shall not apply to a holder of a radio broadcasting franchise who received a franchise commencing from the end of the period referred to in subsection (d).
Extension of a television broadcasting licence§
35a.
(a)The Council may extend the validity of a television broadcasting licence, upon the request of the licence holder, for additional periods of 15 years each, unless it has found that the licence holder did not comply, during the period of validity of the licence, with the provisions under this Law, the Council's rules or the conditions of the licence.
(b)
(1)For the purpose of subsection (a), a breach that in the opinion of the Council is a negligible breach shall not be taken into account, however if the Council found that such a negligible breach is capable of being remedied, it shall direct the licence holder to remedy the breach during a period it shall determine and that shall not exceed one year from the date on which the direction was given as aforesaid.
(2)Where the Council has directed the remedy of a breach as referred to in paragraph (1), the licence holder shall furnish an autonomous bank guarantee in the amount of the breach, to secure its remedy, in accordance with the conditions to be directed by the Director.
(c)An application for the extension of a licence under subsection (a) shall be submitted by the date to be determined by the Council in rules, provided that the date to be determined as aforesaid shall be at least 18 months before the end of the licence period; the Council shall make a decision on such an application at least one year before the end of the licence period.
Restrictions on the transfer of ownership in a broadcasting franchise and a broadcasting licence§
36.
(a)A broadcasting franchise and a broadcasting licence are not transferable, and may not be made subject to a charge (security interest) or attached.
(b)Where the authorised broadcaster is a corporation with share capital –
(1)An interested party therein shall not transfer to another, in any manner, directly or indirectly, ten per cent or more of one type of means of control, whether at one time or in parts, or the right to appoint one or more directors, unless it has received the prior consent of the Council therefor;
(2)No person shall acquire therein, whether directly or indirectly, by himself or together with his relatives or with others acting in permanent coordination with him, more than ten per cent of one type of means of control in the corporation, whether at one time or in parts, or the right to appoint one or more directors or its general manager, unless he has received the prior consent of the Council therefor;
(3)Subject to the provisions of subsection (f) and sections 72a(c) or 72c(c), no person shall transfer or acquire, directly or indirectly, means of control of any percentage in a corporation that is an authorised broadcaster, if as a result of the transfer or acquisition, any of the following shall occur in the authorised broadcaster specified below, as the case may be:
(a)In respect of a broadcasting franchise, a holder of a digital radio broadcasting licence and a holder of an analogue radio broadcasting licence – one of the conditions that entitled it to participate in a tender as set out in section 41(a) shall cease to be fulfilled in it, or one of the disqualifying grounds set out in sections 41(b2) and (c), 56, 72a or 72c, as the case may be, shall be fulfilled in it;
(b)In respect of a holder of a television broadcasting licence – one of the conditions for the receipt of a licence as set out in section 33a(a)(1) shall cease to be fulfilled in it, or one of the disqualifying grounds set out in sections 41(b2) and 56 shall be fulfilled in it.
(c)Where the authorised broadcaster is a corporation that does not have share capital, no ownership or control right therein shall be transferred, in any manner, directly or indirectly, unless the prior consent of the Council has been received therefor.
(d)An authorised broadcaster that is a corporation shall report to the Authority on any transfer or acquisition of five per cent or more of the means of control therein, all as the Council shall determine in rules.
(e)Subject to the provisions of subsection (f) and sections 72a(c) or 72c(c), the Council shall not give its consent to the transfer or acquisition of one or more means of control, of any percentage in a corporation that is an authorised broadcaster, if as a result of the transfer or acquisition the matter set out in sub-paragraph (a) or (b) of subsection (b)(3) shall occur in the said authorised broadcaster, as the case may be.
(f)If the Minister is satisfied that there is a need to do so, he may, with the consent of the Council and subject to the approval of the Economics Committee of the Knesset, amend, by Regulations, the restrictions set out in section 41(c), and determine other or additional restrictions to those listed in that section, which shall apply to holders of radio broadcasting franchises or to holders of analogue radio broadcasting licences.
The Second Authority for Television and Radio (Participation in a Tender for a Franchise for Arabic-Language Radio Broadcasting) Regulations, 5762-2002 (Kovetz HaTakanot 5762, 788), have been published, providing that notwithstanding the provisions of section 41(c)(1) of the Law, a corporation in which an interested party is also an interested party in a holder of a television broadcasting franchise under the Law may participate in a tender for a franchise for Arabic-language radio broadcasting, provided that the said interested party does not hold more than twenty-four per cent of a particular class of means of control and is not a controlling shareholder in a holder of a television broadcasting franchise, and does not hold, directly or indirectly, more than forty per cent of a particular class of means of control in the said corporation.
Revocation, lapse or suspension of a broadcasting franchise or a broadcasting licence§
37.
(a)The Council may revoke, restrict or reduce a broadcasting franchise or a broadcasting licence, if it has found that one of the following circumstances has arisen, provided that it has given the authorised broadcaster an adequate opportunity to present its arguments before it:
(1)The authorised broadcaster did not comply with the provisions of this Law or Regulations or rules thereunder, the severity of the breach of which justifies, in the opinion of the Council, revocation, restriction or reduction of the franchise or the licence, as the case may be;
(2)The authorised broadcaster breached a provision of sections 36 and 46 or did not fulfil the financing obligation in section 70(a);
(3)The authorised broadcaster did not disclose to the tenders committee or to the Council, as the case may be, information that it was required to disclose for the purpose of receiving the franchise or the licence or for the purpose of the extension of the licence, or furnished it with incorrect information;
(4)The authorised broadcaster breached a condition in the franchise or in the licence, as the case may be, that was determined to be a material condition;
(5)One or more of the conditions listed in this Law that qualify the authorised broadcaster to participate in a tender or to be an authorised broadcaster ceased to be fulfilled in it, or a condition that would have disqualified it from participating in a tender or from being an authorised broadcaster under the provisions of this Law became fulfilled in it;
(6)The authorised broadcaster did not commence broadcasts or ceased them for an unreasonable period of time;
(7)The authorised broadcaster requested the revocation of its franchise or licence, as the case may be;
(8)The public interest so requires, in the opinion of at least two-thirds of the members of the Council.
(a1)If the Council found that a holder of a television broadcasting licence did not remedy a breach as referred to in sections 33a(b)(1), 34(f)(2), 35a(b)(1), or, as the case may be, in section 71d(f)(1a) or 71d(g)(1) or 71e(d1)(1) or (e)(1) by the end of the period it directed under those sections, or that it did not fulfil the undertakings under the plans approved by the Council in accordance with the provisions of sections 71d(e) or (f)(1) or 71e(d), its licence shall lapse.
(b)The validity of a broadcasting franchise or a broadcasting licence shall lapse upon any of the following:
(1)At the end of the period specified in the franchise or the licence, as the case may be;
(2)(Repealed);
(3)The authorised broadcaster resolved on its voluntary winding up or the court ordered its winding up as referred to in the Companies Ordinance [New Version], 5743-1983 (hereinafter – the Companies Ordinance);
(4)The Accountant General in the Ministry of Finance notified the Council, after the exhaustion of all collection proceedings, that the authorised broadcaster did not meet the repayment of a loan owed by it pursuant to an agreement signed between it and the State of Israel;
(5)The authorised broadcaster did not pay its debts in respect of franchise fees, licence fees or distribution fees owed by it under Section A of Chapter VIII;
(6)The holder of a television broadcasting franchise or the holder of a television broadcasting licence did not comply with the provisions of section 3a, on the 26th of Elul 5773 (1 September 2013) or thereafter.
(b1)The Council shall publish a notice in Reshumot (Official Gazette) of the lapse of a broadcasting franchise or a broadcasting licence under subsections (a1) or (b)(4) to (6).
(c)If a receiver or provisional liquidator has been appointed for an authorised broadcaster, the Council may suspend the validity of the franchise or the validity of the licence, as the case may be, for a period and subject to conditions it shall determine.
(c1)Where the court has granted a stay of proceedings order, within its meaning in section 350b of the Companies Law, 5759-1999, in the matter of a company that is an authorised broadcaster, and one of the circumstances listed in subsection (a) has arisen –
(1)The Council shall take into account, among its other considerations for the purpose of exercising its powers under the provisions of subsection (a), also the benefit that may accrue from the rehabilitation of the authorised broadcaster and the continuation of its activity;
(2)If the Council decided to exercise one of its powers in accordance with the provisions of subsection (a), the decision shall take effect 15 days after it is made, and the power to deliberate on the said decision, so long as the stay of proceedings order has not been revoked, shall also vest in the court that issued the order.
(d)An authorised broadcaster is not entitled to any compensation in respect of the revocation, restriction or reduction of the franchise or the licence, as the case may be, under subsection (a).
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