Structure of the procedure for granting television and radio broadcasting concessions

Abstract

The considerations undertaken in the article concern the structure of the concession procedure conducted for the audiovisual concession. If by structure we understand the relationship between the elements constituting a given type of proceedings, then the concession procedure before KRRiT is specific, as the decision on the concession was entrusted to two bodies within one administrative proceeding. Against this background, many procedural doubts arise as to the place and role of KRRiT and the President of KRRiT in such proceedings, as these bodies decide on the radio and television concession. Joint action of these bodies when issuing a decision is an original solution in Polish law, for which theoretical justification should be sought. The presented considerations propose a solution based on the exercise of joint competence by the authorities. Such a construction is admissible and seems to result from the existing regulations of the Law on Radio and Television Broadcasting, however, it fundamentally modifies the structure of the whole procedure and thus it requires a new look at the procedural relations and the responsibility of the authorities and the possibility of controlling their actions. The solution presented in the article, starting from the notion of the structure of the concession proceedings, is aimed at ensuring the speed of these proceedings, but first of all, the maximum protection of the rights of the entities participating in them.