1.1. The legal status of the Commission shall be set out by a special law similar to the law on another special federal State body already in operation, i.e., the Central Election Commission whose legal status is set and determined by the Federal Law On General Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum.

1.2. The Commission shall be set up to ensure the right for free dissemination of mass media information using electromagnetic waves (radio and TV broadcasting) and to provide guarantees of the freedom of mass media, as provided for by Article 29 of the Constitution of the Russian Federation, in the field of TV and radio broadcasting, to protect the rights and interests of consumers (TV viewers and radio listeners); to elaborate and pursue the State policy in the field of licensing TV and radio broadcasting, to ensure the rational use of the inherently limited radio frequency resources of the State; to introduce, and monitor compliance with, laws in the field of television and radio broadcasting; to render assistance to the development of television and radio broadcasting in the Russian Federation, the development of culture and education, respect of universally recognized moral norms, the Russian language, the languages and cultures of the peoples of the Russian Federation; to provide assistance to the dissemination of information-, popular scientific- and culture and education TV and radio programs as well as TV and radio programs whose purpose is to contribute to the spiritual, aesthetic and civic growth and education of children and youth; to uphold family values, promote a healthy lifestyle, etc.

The Commission shall deliberate and issue licenses for television and radio broadcasting proceeding from the above goals and based on the adopted concept for broadcasting and the technical and economic specifications submitted by an applicant.

1.3. The Commission shall act in the interests of society and its various strata and shall be independent within the scope of its powers.

1.4. The activity of the Commission shall be based on the principles of legality, ideological and political pluralism, collegiality, objectivity, scientific character and competence, compliance with international responsibilities in the sphere of information exchange, on a complete and all-sided review of all licensing applications and provision of valid reasons for adopted decisions.

1.5. The activity of the Commission shall also be based on the principle of openness. The Commission shall publish an official monthly analytical information bulletin. The Commission shall annually publish a report on its activity, including a report on the spending by it of the funds allocated to it from the federal budget.

2.1. The Commission shall be a collegiate body formed on a parity basis by the highest State bodies of the legislative and executive branches of State power and by the President of the Russian Federation. Candidatures may be nominated by public, creative, scientific and other organizations.

The composition of the Commission shall be as follows: the Chairman of the Commission, a deputy Chairman of the Commission, Commission members.

The President of the Russian Federation shall appoint Chairman of the Commission from the Commission members. The members of the Commission shall elect Deputy Chairman of the Commission.

Chairman of the Commission and Commission members shall be appointed to their respective positions by the President of the Russian Federation.

One third of the members of the Commission, from the total number of the members of the Commission, shall be appointed to their positions from among a list of candidatures proposed by the Federation Council of the Federal Assembly of the Russian Federation.

One third of the members of the Commission, from the total number of the members of the Commission, shall be appointed to their positions from among a list of candidatures proposed by the State Duma of the Federal Assembly of the Russian Federation.

One third of the members of the Commission, from the total number of the members of the Commission, and the Chairman of the Commission shall be appointed to their respective positions by the President of the Russian Federation.

The Commission, acting on the basis of its Statute, shall elect deputy chairman of the Commission.

The federal bodies of State power shall submit their proposals with respect to the composition and/or membership of the Commission, and the President of the Russian Federation shall appoint his share of the members of the Commission, taking into account proposals from All-Russia creative unions, associations and other non-commercial national associations active in the field of television and radio broadcasting.

2.2. The following qualification requirements shall apply to prospective Commission members: extensive expertise, wide specialist knowledge in the field of television and radio broadcasting. Commission members shall perform their duties on a permanent basis. A Commission member may not be a member of the Federation Council, a deputy of the State Duma or other representative bodies or have and/or retain other State positions. Members of the Commission may not be founders or members of TV and radio broadcasting organizations as well as of all other organizations whose activity may depend on decisions adopted by the Commission (Note: if shares are held by a member of the Commission, they may be transferred to a trustee for trust management, the same may apply to participation in the management or property of advertising companies). To ensure independence of the members of the Commission and their objectivity and impartiality when adopting decisions, no possibility of recall shall exist with respect to them for the entire duration of their terms in office.

2.3. The procedure for the activity of the Commission shall be determined by a Statute which shall be developed and adopted by the Commission. A member of the Commission shall perform his/her duties for a fixed term determined by norms of rotation of Commission members. A member of the Commission may hold his/her office for another term but not more than for two consecutive terms.

Rotation of members shall depend on the term of the deputies of the State Duma of the Federal Assembly of the Russian Federation and the term of office of the President of the Russian Federation. Members of the Commission shall be nominated within a month following the first sitting of a newly convoked State Duma, and within a month from the inauguration of the President of the Russian Federation. Members of the Commission nominated by the Federal Council shall have a term of office of 5 (6) years.

Whenever a contest is held to receive a license for television and radio broadcasting within the territory of a constitutive entity of the Russian Federation, the quantitative composition of the Commission shall be increased to 12 persons by admitting representatives of the respective constitutive entity of the Russian Federation.

2.4. The Commission shall be a legal entity and shall have its own official seal with its name and a visual representation of the State emblem.

2.5. To perform its functions, the Commission shall form its own administrative support department, the structure and personnel numbers of which shall be established by it independently, and shall, within the limits of the funds allocated to it from the federal budget, determine the amount of labor remuneration to be paid and the manner of its payment to employees of such institutions and organizations established to support its activity, and shall also invite consultants as necessary and organize scientific research.

2.6. The State shall take all necessary steps to provide material and social support to the persons holding the positions of Chairman, members of the Commission and to employees of the administrative support organization/s of the Commission. Employees of the administrative support organization/s of the Commission shall enjoy the status of civil servants.

Any property necessary for the Commission to pursue its activity shall be transferred to it for operations management and shall remain federal property.

Within the competence of the Commission shall be the following:

3.1. Equal participation in the discussion and elaboration, within its competence, of the State policy in the field of television and radio broadcasting, and implementation of the State policy with respect to licensing television and radio broadcasting.

3.2. Licensing in the field of television and radio broadcasting, broadcasting of additional information.

The Commission shall issue licenses (also on a competitive basis) to conduct air (including satellite), cable and wired broadcasting (shall issue licenses and re-issue, cancel, suspend, and approve forms of, licenses; shall compile and publish a State register of licenses; shall exercise control over compliance by broadcasters with the license conditions, etc.) It shall elaborate and approve the conditions of holding a contest to obtain a license.

The license issued by the Commission shall be a single and sufficient document granting to the respective television- and radio organization the right to broadcast in accordance with the license terms and conditions.

The amount to be paid for a broadcasting license and for any re-issue thereof and the manner of its payment shall be determined by the Government of the Russian Federation.

All amounts paid for broadcasting licenses shall be transferred to the Federal budget. The funds received shall be utilized for the development of the infrastructure of television and radio broadcasting in the Russian Federation. (Note: Appropriate changes will have to be made in the Budget Code of the Russian Federation).

3.3. Participation jointly with the federal executive body responsible for communications and other users of the respective frequency spectrum in the distribution of frequencies among the radio services of the Russian Federation and in the distribution of radio frequencies for the purposes of television and radio broadcasting among specific broadcasters.

Under the Commission, a quasi-judicial organ may be set up for extra-judicial settlement of disputes among persons and bodies corporate engaged in the field of television and radio broadcasting.

The Commission shall, in accordance with applicable laws and within the scope of its competence, adopt final and binding decisions, elaborate regulations, rules and instructions and shall control the compliance with such regulations, rules and instructions and shall also provide recommendations on its own initiative or based on a request.

The Commission shall, within the scope of its control powers, take into consideration complaints submitted by citizens concerning the content of programs of television and radio broadcasting organizations, and shall generalize and analyze such complaints. Using the recordings of television and radio programs submitted to it at its demand after the airing of such programs, the Commission shall oversee compliance on the part of broadcasters with the terms of the laws on dissemination of mass media information. It shall analyze and generalize the practical issues relating to the effect of existing laws in areas within the scope of its competence, shall develop its proposals relating to the improvement of existing laws, shall take part in the development of normative acts regulating relations within television and radio broadcasting and shall submit its proposals. The Commission shall have the right, at its written request, to receive from TV and radio broadcasting organizations information, documents and materials necessary for it to perform its duties.

Decisions of the Commission may be appealed against in a court of law.

6.1. The Commission may apply sanctions to those in default of the license terms and conditions:

Orders (setting out a period of time to correct violations, from one to two months, the text of an order will have to be read out separately on a news bulletin / program and may not be commented upon in the same program);

Sanctions (this measure may be used either in accordance with the Code on Administrative Offences of the Russian Federation or in the case an earlier given order is not complied with; the amount of a sanction may not exceed 25 percent of a one-time payment to conduct broadcasting paid by the respective TV and/or radio broadcasting organization; sanctions may not be applied if more that a year has passed since the respective default took place, proceeds from application of such sanctions shall be transferred to the federal budget).

Cancellation of the respective license (in cases as provided for by Article 32 of the Law On Mass Media of the Russian Federation).

7.1. The funding of the Commission and the provision of it with transportation and material and technical means shall be done out of the federal budget. The Commission shall be a direct recipient of such funds.

The Moscow Media Law and Policy Institute