SECTOR 3 Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. There is no specific legislation on broadcasting apart from some provisions in the Press Code act relating to audiovisual communication. However, this legal framework, such as it is, is too broad and too general to allow for any assessment of its possible effect on the development of public, commercial and community radio and television broadcasting. Under these provisions, “the frequency spectrum is the property of the state which can, for a specified period, allocate parts of it to be used by natural or legal persons (...)”. Article 40 of the Press Code act states that “any request for authorisation to operate a private radio or television station must be made to the High Authority for Broadcasting and Communication [HAAC] which will set the licence conditions in respect of the duration and characteristics of the respective programme, the coverage area and the types of services offered ...” In fact, the specifications regarding the format of the proposed radio or television station will be found in these licence conditions, i.e. the regulatory framework, and in the contractual service agreements that the state enters into with private operators. Some panelists noted that this points to an overlap of responsibilities between the HAAC on the one hand, and the Post and Telecommunications Regulatory Authority (ARTP) on the other. 110 AFRICAN MEDIA BAROMETER TOGO 2010