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THE LAW MAKES NO PROVISIONS FOR THE EXTRAORDINARY COMPETENCES OF THE COMMISSION

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"A crime was committed and its "authors" are the Authorities of our country",- says Mesrop Movsesyan, the chairman of "A1+" TV Company. Mr. Movsesyan mentioned TV and Radio National Commission among those to have committed crime. "The Commission is to answer for the outrages committed in 2001 and 2002 not only to "A1+" TV Company but also the people who have been deprived of the right to get information",- announces Mr. Movsesyan. The only way to get the answer is the legal one. In the Court of Appeal "A1+" TV Company will go on with struggling for its violated rights.

The Economic Court found it could not declare invalid the Commission' decision on competition conditions and its execution even in the case of clauses of 49-th article of Law on TV and Radio had been broken. According to the Court decree the Commission possesses extraordinary competences. "Who gave such extraordinary competences to the Commission? No Law makes any provisions for such kind of competences" ,- says Tigran Ter Esayan, "A1+" TV Company interests barrister.

Proceeding from "those extraordinary competences the Commission breaking about 11 articles of the Law on TV and Radio as well as 7 articles of Law on Reglament for TV and Radio National Commission decided to demand for competition proposals and TV Companies' program policy from the competitors during the licence competition . No Law makes any provisions for such demands.

Mr. Ter Esayan is sure if the Commission members were led by the Law they would ignore the proposals by "Sharm" TV as well. Many documents demanded by the Law default in the proposal by "Sharm"."It is "Sharm"'s right to decide what documents to represent and the Commission's one is to follow the Law",- says Mr. Ter Esayan.

There are not any documents pointing to the finance investments of $1.850.000 by "Sharm" that were ensured before.And the documents on technical means for broadcasting are of poor content. Only information on needed technical means and transmitter by other company to "Sharm" are represented in the proposal.

The most ridiculous is that "Sharm" announced in the competitive project - in case of getting the licence for broadcasting the former permanent employees of the Company will be regarded by us as potential personnel."No Law says that "A1+" TV Company will be dissolved if deprived of the 37-th frequency range. It is strange that the Commission has accepted that regarding it as ground for winning the competition",- says Tigran Ter Esayan.

"A1+" TV Company chairman and its barrister don't want to forsee what will be the decree by the Court of Appeal. But it is evident that "A1+" TV Company will appeal to the European Court if need be.