SECTOR 3 Applicants pay a fee for their licence even though there is no mention of this in the legislation. According to Article 21 of Ordinance 92-039, the issuing of the licence is authenticated by an agreement between the HCA on behalf of the state and the representative of the broadcaster. A “specifications list which is applied to all private broadcasting systems” and whose provisions shall be determined by a decree of the State Council will supplement the authorisation to broadcast. All these provisions are not systematically applied. In practice: • The specifications are not always adhered to. • Media outlets have obtained the right to broadcast on a regional and sometimes national scale, whereas their licence does not permit them to do so. • Political or other influence exerted by the media owner plays a role in the issuing of licences. • The criteria for issuing or denying licences are not clear. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator. 5 Country meets all aspects of the indicator Average score: 2.2 (2006 = 1.7; 2008 = 2.0) 3.2 Broadcasting is regulated by an independent body adequately protected by law against interference whose board is appointed – in an open way - involving civil society and not dominated by any particular political party. According to Chapter III of Ordinance 92-039 the Higher Broadcasting Board (HCA) is the legal authority in charge of coordinating and monitoring the broadcasting sector. Pursuant to Article 11, the HCA is an independent authority whose purpose is to coordinate, control and guarantee the exercise of freedom in the broadcasting sector. AFRICAN MEDIA BAROMETER MADAGASCAR 2010 101