رسائل نسخة منفردة

أطروحة (ماجستير)-جامعة صلاح الدين - أربيل، كلية القانون والسياسة، قسم القانون المدني 2020.

يشتمل على إرجاعات بيبليوجرافية: 139-145 صفحة

The contract of broadcasting radio and television via satellite, which entered into between the owners of satellites and broadcasting organizations of recent decades, which appeared after the fast technical developments in the world of telecom and media, after the eighties of the last century. Now audience can receives radio and television broadcasting via satellite in each spot of the world.
The importance of this contract come into sight as it relates to public order and morality and national security of States and international peace and security, as well as related to using scarce and limited natural resource in the world, which are the frequencies that have been distributed to the countries of the world by the organization (the International Telecommunications Union). Each State should distribute these frequencies according to the national plan for the distribution of the frequency spectrum. No country can do without radio and television in this era, and this requires the States to regulate this important sector through special legislations, which we prefer to come out at least via two legislations, one deals with communications and the second a deals with audio-visual media. This thesis entitled (a radio and television broadcasting via satellite contract) examine the legal relations between the parties to this contract between the owner of the satellite and the Broadcasting Corporation, in addition to the study of the legal relations between the state and those of institutions holding a license.
The researcher began the study in the first chapter to explain the concept of radio and television broadcasting via satellite through the definition of broadcasting and television and explains the components and how the orbits and satellite release of broadcast radio and television broadcast station coverage to places on Earth. He then explained the legal regulation of a radio and television broadcasting, emerged from research that there is no legal regulation related to this contract, but there's legal regulation of the broadcast radio and television at the international level as part of the communication through international treaties and by specialized international agencies. In the second chapter the researcher dealt with the nature of radio and television broadcasts via satellite and administrative license to carry out the radio and television broadcasting. In the third chapter the researcher dealt with the corners and the effects of a radio and television broadcasting and explain the basic tenets of the contract of compromise, place and the reason, and then clarified the effects of the contract by explaining the commitments of the owner of the satellite and obligations of the Broadcasting Corporation, The most important obligation of the owner of the satellite is to provide Lunar capacity and do the necessary work to complete the broadcast radio and television, while the most important broadcasting corporation commitment is to pay the fees (payment).
The researcher reached to several conclusions depending on the analytical method of comparative legislative texts related laws, especially at the level of communication and audio-visual media, resolutions and international documents in this regard, and the most significant is the definition of a radio and television broadcasts via satellite and its legal characteristics. It emerged from characterization of the contract that it holds indefinitely and the composite of the lease contract and the contractor, and radio and television broadcasts are not organized as a contract, according to our knowledge. And the researcher reached to the definition of administrative license to broadcast radio and television too. The researcher proposed several recommendations, including: call the Iraqi legislature for the promulgation of two laws, one for communications and the another for the special audio-visual media, which include a detailed regulation for a radio and television broadcasting, licensing and administrative organization of the National Plan of the spectrum, with the help of technicians for the definition and unification of the technical terms. The researcher called to the cancellation of the previous laws which conflict with warrants CPA number (65) and (66), and the need for amendment of Article (5) of the Trade Act of Iraq for determining business and make the business mentioned, for example, and adding communication expressly to this business. As well as to define the powers of the Ministry of Communications to conform its work with the media and communications in Iraq. Finally, the researcher invited Kurdistan legislator to the need to separate the Ministry of Communications from the Ministry of Transport, due to the considerable divergence between their works and, as was the case in the earlier cabinet, and to accelerate legislation of Telecommunications Law and the law of visual and audio media and requiring telecommunications companies and broadcasters to abide by them.
And the researcher calls the Iraqi Ministry of Communications to the need to try to buy an Iraqi satellite and launch it into space for use in telephone and telegraph, the Internet and monitoring air traffic meteorology and space photography, radio and television broadcasting, as well as calls for the Ministry of Transport and Communications of the Kurdistan Regional Government of Iraq to the same thing.

النص بالعربية والملخص بالإنجليزية.