STRUCTURE OF THE PROCEDURE FOR GRANTING TELEVISION AND RADIO BROADCASTING CONCESSIONS
STRUCTURE OF THE PROCEDURE FOR GRANTING TELEVISION AND RADIO BROADCASTING CONCESSIONS

Summary/Abstract: The considerations undertaken in this article concern the structure of the concession procedureconducted for audiovisual concessions. If by structure we understand the relationship betweenthe elements constituting a given type of proceeding, then the concession procedure before theKRRiT is unique, as the decision on the concession is entrusted to two bodies within a singleadministrative proceeding. Against this backdrop, numerous procedural doubts arise regardingthe place and role of the KRRiT and the President of the KRRiT in such proceedings, as bothbodies decide on radio and television concessions. The joint action of these bodies in issuinga decision is an original solution in Polish law, which warrants theoretical justification. Thearticle proposes a solution based on the exercise of joint competence by these authorities. Sucha construction is permissible and appears to result from existing regulations under the Lawon Radio and Television Broadcasting; however, it fundamentally changes the structure of theentire procedure, necessitating a fresh examination of procedural relations, the responsibilitiesof the authorities, and the mechanisms for controlling their actions. The solution presentedin this article, beginning with the concept of the structure of concession proceedings, aimsto ensure the efficiency of these proceedings while primarily safeguarding the rights of theentities involved.

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