Among the certainties, a doubt

Authorization of public broadcasting services?

Abstract

[Purpose] The purpose of this article is to discuss the application of the concept of public service to broadcasting services granted through authorization. Regarding this institute, the legislation remained unchanged from 1962 until the 1990s, when it began to dialogue with the new regulatory framework approved for telecommunications. Currently, the following broadcasting services are granted through authorization: (a) community broadcasting service, (b) Citizenship Channel; (c) ancillary TV relay service and (d) ancillary radio relay service.

[Methodology/approach/design] To achieve this goal, the author will carry out a bibliographic and documentary review, discussing the concept of public service applicable to broadcasting; the possibility of using the authorization institute for public services, in view of traditional reflections in Administrative Law; the pertinence of applying this concept to broadcasting services granted through authorization; and the relationship between this debate and the regulatory model in force in Brazilian broadcasting sector.

[Findings] This article points out the possible recognition of the community broadcasting service and the Citizenship Channel as public services, leaving doubts about the ancillary TV and radio relay services. By now, however, this characterization has not generated practical consequences.

[Originality/value] This article contributes to (a) the recognition of the possibility of providing public services through authorization, a controversial point in the doctrine, and (b) the application of this concept specifically in the field of broadcasting.