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 current law (Ordinance 92-039) on broadcasting is not (strictly) enforced, and it was not drafted as a result of a participatory process. In addition the Communications Code is not always applied. The broadcasting sub-sector in Madagascar therefore largely operates in a legal vacuum. Malagasy law only recognises public and private media. Commercial and community media are not mentioned in the various instruments and are thus not subject to any specific provisions in law or in practice. According to Ordinance 92-039, all private broadcasters must obtain a licence before they can broadcast. Article 25 of Chapter II, which deals with the legal status of these companies, stipulates that in order to obtain this licence, the representative of the company must submit a written application and certain documents which shall state: • the purpose of the company • the general characteristics of the proposed station • its technical specifications • the profit forecast over five years • the amount of planned investments • the statutes, the list of managers, the organisational structure and the company capital mix.. The application and documents are sent to the Higher Broadcasting Board (HCA). The Malagasy Office of Telecommunications Studies and Regulation decides on the technical feasibility of the application and the Ministry of Communications determines whether to issue or deny a licence. The granting of a frequency depends on a certain number of technical conditions, including the characteristics of signals emitted, the transmission equipment, the location, the maximum radiated power and protection against possible interference. 100 AFRICAN MEDIA BAROMETER MADAGASCAR 2010