Through an intentional, illegal and unprecedented act and by fully
abusing with her power, the incumbent Director of the Audiovisual Media
Authority (AMA), Endira Bushati, has issued the first decision in the
history of Albanian institutions that openly legitimizes robbery.
By claiming that Top Channel and Klan TV do not cover some areas of our territory with their signal, AMA is not only showing once again its incompetence and inability to keep piracy under control, but they are also intentionally protecting it.
Despite the fact that her mandate has expired, Director Bushati has ordered cable TV operators to use the programs of Top Channel, Klan and TVSH. The decision no.4, Issued on March 26th, says that all these subjects have not fulfilled the signal coverage criteria.
The decision was issued in a time when these TV stations have strongly protested against the robbery and piracy that cable TV stations make with their signal. This is the second attempt made in two months by Mrs.Bushati to damage the rights of national TV stations, and the arguments have been different in all cases.
This decision not only is illegal, but there are several contradictions.
The first contradiction of the most recent AMA decision is related to the fact that, on one hand, this institution officially declares through Director Bushati that they cannot keep under control the work of unlicensed and licensed cable TV operators. But on the other hand, they have the capabilities to inspect the national TV signal in every corner of Albania, even in the most remote areas. Top Channel has informed AMA that they cover 84% of the Albanian territory, and more than 90% of the population, by fully respecting the license conditions.
There is one fact which is enough to show how ridiculous are the measurements Bushati claims of having completed. Bushati’s measurements show that National TV stations don’t cover big cities at 100%, even Tirana.
The second contradiction is related to the fact that Bushati has taken this decision in favor of cable TV operators, who steal and pirate the TV signal of Top Channel and TV Klan, without the authorization of the national TV operators. During all these months and years, Bushati has been accused of not taking measure against pirate operators.
And the measure thsy AMA is taking now, is to openly legalize robbery by creating a decision which allows them to take the signal of National TV stations impartially. The law on which she based her decision has nothing to do with the broadcasting of National TV signals, but is focused on specific programs which have the public’s interest. And the decisions vary on specific cases. Regardless of the law-related smoke that Mrs.Bushati is trying to give to her illegal decision, the basis she uses is incorrect.
It seems that the last decision of AMA not only is impartial, but it is also very serious, because she is now institutionalizing robbery.
But yet, there is another matter which makes AMA’s decision even worse. The last decision of the incumbent Director allows cable TV operators not only to use the signal of Top Channel, Klan and TVSH, but she doesn’t oblige them to make any payment, by undoing this way every financial and intellectual investment that national TV operators make, which should normally be protected by the Albanian government. AMA is bound by law to serve to this purpose, but she has abused with her duty and has intentionally violated the law. The incumbent Director has decided to challenge not only operators, but also the law, in order to favor theft, piracy and her small personal interest.
We have created the conviction that Bushati’s decision making should undergo a criminal prosecution.
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