Letter from the American Chamber of Commerce to the Chairman of the National Broadcasting Council

Warsaw, July 1, 2021
Mr. Witold Kołodziejski
Chairman of the National Broadcasting Council

Mr. Chairman,

On behalf of the American Chamber of Commerce in Poland (AmCham), we would like to request Mr. Chairman’s support in resolving a problem concerning one of our member companies, i.e. TVN24, in terms of issuing a decision to extend a broadcasting license on the Polish media market.

TVN24 was the first news channel broadcasting 24/7 in Poland, and this year marks 20 years since its launch. This channel is distinguished for its innovation and is widely watched and appreciated by viewers. In connection with the upcoming expiration date for the current broadcasting license, which is September 26, 2021, the owner of TVN24 filed an application with the National Broadcasting Council for an extension of its rights to broadcast said channel for a period of another 10 years. Despite having met all of the necessary formal requirements and filing the request well in advance – i.e. on February 6, 2020: 1.5 years prior to the expiration of the current broadcasting license – the regulator still has not issued a decision concerning the extension.

The reason provided by the National Broadcasting Council are its doubts as to TVN’s compliance with Article 35 of the National Broadcasting Act, which regulates the scope of foreign ownership over a media entity. It ought to be emphasized that the above provision does not, however, apply to entities registered within the territory of the European Union, and TVN S.A. belongs to a company registered in the Netherlands – Polish Television Holding BV. Furthermore, in regard to the planned merger of the Discovery group (to which TVN belongs) and Warner Bros, please be informed that it is still subject to the approval of regulatory bodies, which is why it may not be taken into account at this stage of the relevant matter.

In view of the above, we sincerely hope that Mr. Chairman will be able to offer his support in resolving the prolonged processing of the application and in issuing the decision as promptly as possible. It ought to be highlighted that, in light of the upcoming expiration date for the current broadcasting license, the above state of affairs results in uncertainty in terms of TVN24’s further ability to operate. Moreover, the final resolution of this process will be broadly observed by the community of foreign investors and we believe that it may significantly influence future decisions in terms of investment in Poland.

Should Mr. Chairman have any questions, we remain at his disposal. The contact person will be Karol Witaszek, our Legal & Public Policy Coordinator, karol.witaszek@amcham.pl, tel.: 690 087 660.

Sincerely,

Tony Housh
President of the American Chamber of Commerce in Poland

Source: American Chamber of Commerce in Poland