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. The “Freedom of Information and Communication Law”14 lays down regulations for both public and private broadcasters. It outlines conditions for the attribution of licenses and frequencies. The law passed in 2001 is considered comparatively progressive, compared to the regulation that existed in the past. The law simply requires founders of broadcast institutions to “declare” their intention at the state counsel’s office. It makes no mention of fees15 and only requires founders to state their capital. Article 71 prohibits political parties from “directly” or “indirectly” owning broadcast outfits. The High Council for Freedom of Communication is the organ responsible for the attribution of licenses. This “conducive” legislative environment is responsible for the emergence of dozens of radio stations and television channels in the country over the past decade. Nonetheless, weak implementation of the law has allowed cacophony to set in. In many instances, the Ministry of Communication tries to play the role of the council. “Some frequencies were attributed by the ministry while others were attributed by the council.” Government control of the council makes the organ not fully independent. Even though the law sets no fees for the attribution of frequencies or authorisation, applicants are made to pay up to CFAF 5 million (about 7,600 Euro). “This money is shared between officials of the council and the ministry.” The existence of a “frequency management commission” lodged at the presidency has also added to the confusion. This has created a hostile environment for the broadcasting media. One of the chief consequences is that many find it difficult to obtain broadcast frequencies. 14 Présentation des lois sur la presse au Congo 104 AFRICAN MEDIA BAROMETER REPUBLIC OF THE CONGO 2013