The implementation of Law on Public Radio&Television has been stagnated
Due to the disagreement of 15 members of National Council (NC), the first governing body of the Public Radio & Television (PRTV), which must have been established under The Law of Mongolia on Public Radio & Television to be implement since 1 July 2005, has been stagnated.

General director (GD), of the PRTV has not been appointed yet, so the representative of State Property Committee is signing all the financial documents, the Ministry of Justise refused to register the new public service broadcaster refering to the contradiction of Statues of the PRTV approved and submitted by its NC, and the Council meetings are not held. Mongolian media intensively report on these issues.

On 26 November 2005, the Bayangol district court of capital city Ulaanbaatar of Mongolia has banned the implementation of the Order No 15 issued by the NC that appointed Mr. S.Myagmar, who previously worked as animation painter and producer at the Mongolian National Television and owns a private production studio �Boroldoi� mainly producing TV advertising spots, as GD of PRTV.

Mr.N.Sodnomdorj, president of Mongolian Trade Union and former MP represented the ruling Mongolian Peoples Revolutionary Party in 2000-2004 has been appointed as the first chairman of the PRTV NC by its first historical meeting. In October 2005 the NC has approved a regulation on selection of GD of PRTV and announced a open nomination tender. The GD�s selection process was organized with two stage and 3 people out of 10 nominnees remained at the second stage and attended the open TV debate. By the end of the TV debate one of the candidates has withdrawn his name. The NC meeting was held with attendance of 13 members to appoint the GD. However, 4 members considering themselves as a minority at the NC left the meeting before a voting ballots counted by reason � candidate S.Myagmars documents were not fully submitted. Later, after the voting results were announced, the rest members were informed that S.Myagmar won by the majority of the National Counsil. Due to late night time Mr. N.Sodnomdorj closed the meeting and reminded to the members that the meeting is still open. Next day the NC meeting was called to adopt the NC Order appointing S. Myagmar to the GD and the meeting were attended by 9 members. Due to disagreement, Mrs. P.Burmaa left the session and other 3 members followed her, but the remaining 8 members of NC approved an Order No 15 and appointed Mr. S.Myagmar as a GD. On 13 December, 2005 Mr.S Myagmar arrived at his office as General director and has taken the decision to appoint the new deputy director and general accountant.

P.Burmaa, J.Zanaa, N. Zoljargal and M. Byanbadrakh, NC members opposed the order No 15 dated 26 November 2005 and applied to the court refering to violation of the law on the PRTV provision 25.5 saying " Meeting of NC shall be valid, if majoirity of members or two third presents the meeting" and provision 25.6: " The majority of votes of the NC members shall take decision on the issues discussed at the meeting". In their suit to the Court the NC minority members also raised the question that S.Myagmar has not presented the document evidencing his "clean criminal records" that violated the provision 31.3 of the PRTV law. the NC minority called a press conference on 19 December 2005 and they stated Mr. B.Ganbold, former GD of the Mongolian National Radio & Televison is still in charge at his office and accused the NC Chairman his wrong action that handed a seal of the PRTV to S.Myagmar, when his appointment is not valid and even a contract with him has not been signed. They also informed the public that S.Myagmar is a immoral person for trusting him to adminsitrate the Public Radio Televison�s property for the reason that he still not implemented a court decision previously issued on his debt, supposedly owed to the National Radio and TV 6 years ago. However, Mr.S.Myagmar publicly has been denying this accusation through media.

Mrs.J.Zanaa, NC member heading the Complaints stated:" It�s clear that, Mr.N.Sodnomdorj is receiving sanctions from someone by talking on his cell phone in presence of other members and also when we are trying to resolve the vital questions such as not to exert a trust for Mr.S.Myagmar he leaves the meeting�.

Meanwhile Mrs. O.Munguntuul, who represents the NC majority members said to Globe International correspondent: " Appointment of the General Director did not violate the law. There is no any political influence and pressure". " Some members of NC should be responsible for their actions and ethical. They leave the meetings because they simply do not want S. Mayagmar to be as GD" - she added.

Mr. N.Sodnomdorj, the NC Chairman in his interview on National TV stated: � The meeting was not officially closed yet and I reminded about it to the members. The next meeting was just the continuation of the last one, so the issued order is stiil effective�.

Since the NC members are still argueing about the GDs appointment and they have started to accuse each other in the political affilation. The NC minority persuade the public that NC majority represent the MPRP party and the indications come from the party leaders, but the suspected majority denies it.
The Government of Mongolia has issued a Resolution No 241 on dissolution of the Mongolian National Radio and TV. The NC had approved Statue of the new PRTV and applied to the Ministry of Justice and Internal Affairs for registration under the 267-th resolution of Mongolian Government. The Ministry denied the request by reason that PRTV Statue overlaps the Law. One of the arguments devoted to the name of the PRTV and the Ministry persuaded that �Public Radio and Television� is the assigned name of public service broadcaster. Some members argue the public service is a status of the public broadcaster.

Mrs. H.Naranjargal, President of Globe International NGO which had been activitely advocating PSB legislation has expressed her opinion at the public debate weekly program of the National TV run by Open Society Forum: She said:
- Globe International is carefully observing the law implementation process. We repeatly reminded before that, the all procceses in formation and nomination of the NC and apointment of the GD must be transparent. However, only 9 members of the present NC were selected from candidates proposed by NGO Assembly. We still do not have any clear information how other 6 members selected and nominated, and who and what NGO proposed their candidates.
Secondly, even thougn the law protects the conflict of interests, the person who onws his private radio station was appointed as NC member by the Parliament. The criteria for selection of the GD did not include the conflict of interests issues.
If the NC protected it such a problem would not be raised. The NC, the body entitled to control the law implemantation, should not violate the Law itself. The public service is controlled by the publc so the NC meetings must be open and and transparent.
The Mongolian law on Public Radio & Television was enacted on 27 January 2005 and under this law all the candidates of the NC are proposed by NGOs and the President and the Prime Minister are to select each 4 candidates and the State Great Hural (SGH) � 7 candidates to nominate to the SGH for approval.
Collective of Mongolian National Radio and TV has assembled a Collective Board on 23 November to represent more than 1000 workers with aim to observe a General Director�s appointment process by NC and to provide a greater transparency in the transition period and issued the Notification. �The first step towards independency must not be forced by any political forces. We believe that the NC will not be functioning as a barrier itself in the historical reform". The Collective Board obtained the right to attend the NC meetings as an observer.
On 5th January 2006, Collective Board has been restructured and renamed as Temporary Committee (TC) consisting from 11 members. G. Badamsambuu, TC member said to Globe International correspondent: " The Government has to create the foundation for the establishment of the public service broadcaster, because it used Mongolian National Radio and TV as their voices for many years. We deeply concern about the future of PRTV and financial sustainability. Temporary Committee will be working as an essential part of PRTV to influence to the programming policy and technological renovation"
B.Ganbaatar, and TC member, who has express his worries about the NC situation, when unable to agree even the dates for the NC meetings added: " The crisis in the governance in Mongolia also affects our radio and TV. The NC members, who are clearly affiliated with political parties, argue each other and they are not able to take the decisions on the crucial issues. The time flies while the NC is debating and the collective is suspicious that the property of the National radio and TV, which was owned by the state, is misused"
Globe International has issued the media release and calls the NC members to resolve all the problems urgently and respect for the law and the publics right to know. In the media release it is said: "Globe International believes that any decision of the NC should meet the public interests thus respecting for the democratic legitimacy of the people of Mongolia. Democratic and statutory principles, etchics, fairness in the NCs operation is vital to change the existing situation. Comittment of the NC members to establish the truely public broadcasting service in Mongolian society and their responsibilities before the public should be the main precendence rather than any political interests".