Broadcasting (Amendment) Act 2007

1. Short title, collective citation, construction and commencement.

1.— (1) This Act may be cited as the Broadcasting (Amendment) Act 2007.

(2) The Broadcasting Authority Acts 1960 to 2001 and this Act may be cited together as the Broadcasting Authority Acts 1960 to 2007.

(3) The Broadcasting Authority Acts 1960 to 2001, and this Act (in so far as it amends or extends those Acts) shall be construed together as one.

(4) This Act shall come into operation on such day or days as the Minister may, by order or orders either generally or with reference to any particular purpose or provision, appoint and different days may be so appointed for different purposes or different provisions.

2. Interpretation.

2.— In this Act—

“ the Act of 1960 ” means the Broadcasting Authority Act 1960;

“ the Act of 1988 ” means the Radio and Television Act 1988;

“ the Act of 1990 ” means the Broadcasting Act 1990;

“ the Act of 2001 ” means the Broadcasting Act 2001;

“ the Authority ” means Radio Telefís Éireann;

“ the Commission ” means the body established by section 3 (as adapted by section 10 of the Act of 2001) of the Act of 1988;

“ digital content contract ” has the meaning assigned to it by section 12 of the Act of 2001;

“ the Minister ” means the Minister for Communications, Marine and Natural Resources;

“ multiplex ” means an electronic system which combines programme material and related and other data in a digital form and the transmission of that material and data so combined by means of wireless telegraphy directly or indirectly for reception by the general public;

“programme material” means audio-visual material or audio material and includes advertisements and material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services;

“sound broadcasting multiplex” means a multiplex in which the programme material is predominantly sound;

“ Teilifís na Gaeilge ” means the body established by section 44 of the Act of 2001;

“television multiplex” means a multiplex in which the programme material is predominantly television;

“ television programme service contract” and “television programme service contractor” have the same meaning as they have in section 4(2)(b) of the Act of 1988.

3. Additional functions of Authority.

3.— (1) Section 16 of the Act of 1960 is hereby amended—

(a) by substituting the following for subsection (1):

“(1) The Authority shall establish and maintain a national television and sound broadcasting service and shall establish, maintain and operate one or more national multiplexes and may establish and maintain broadcasting services of a local, community or regional character and shall have all such powers as are necessary for or incidental to those purposes.”,

(b) by inserting the following subsections after subsection (1):

“(1A) The Authority shall establish and maintain a television broadcasting service and a sound broadcasting service, which services shall be made available, in so far as the Authority considers reasonably practicable, to Irish communities outside the island of Ireland and the Authority shall have all such powers as are necessary for or incidental to those purposes.

(1B) The television broadcasting service and the sound broadcasting service established and maintained pursuant to subsection (1A) shall have the character of a public service.

(1C) The Authority shall endeavour to ensure that the programme schedules of the television broadcasting service and the sound broadcasting service established and maintained pursuant to subsection (1A) are, in so far as it is reasonably practicable, representative of the programme schedules of the national television broadcasting and sound broadcasting services referred to in subsection (1) of this section and subsection (1) of section 45 of the Act of 2001.

(1D) For the purposes of subsection (1C), Teilifís na Gaeilge shall provide to the Authority, in such amounts and at such times as may be agreed between them, programme material representative of the programme schedules of the national television broadcasting service referred to in subsection (1) of section 45 of the Act of 2001.”,

and

(c) in subsection (3) thereof by the insertion after “The” of “function conferred on the Authority by virtue of subsection (1) of this section to establish, maintain and operate one or more national multiplexes and the”.

(2) (a) A national television multiplex established, maintained and operated by the Authority under section 16(1) of the Act of 1960 shall provide for the broadcasting by digital means of—

(i) the national television broadcasting service commonly known as RTÉ One and RTÉ Two,

(ii) the national television broadcasting service established and maintained by Teilifís na Gaeilge under section 45(1) of the Act of 2001.

(b) The national television multiplex referred to in paragraph (a) shall be established as a matter of priority and shall, in due course, ensure the availability by free-to-air digital means of the national television broadcasting service referred to in paragraph (a)(i) to an extent similar to that such as is currently available by free-to-air analogue means.

(c) Nothing in this subsection shall preclude the Authority from making provision in a multiplex established, maintained and operated by the Authority under section 16(1) of the Act of 1960 for the broadcasting by digital means of programme material and related and other data other than that broadcast as part of a service specified in paragraph (a).

(3) Teilifís na Gaeilge shall make to the Authority such periodic or other payments in respect of any service provided by the Authority for the purposes of subsection (2)(a)(ii) as the Minister, after consultation with the Commission for Communications Regulation, the Authority and Teilifís na Gaeilge, may direct.

(4) In the event that Teilifís na Gaeilge does not consider the digital capacity employed by the Authority for the purposes of subsection (2)(a)(ii) to be adequate, the Minister may, at the request of Teilifís na Gaeilge, direct the Authority to employ a specific amount of digital capacity.

(5) The Minister shall, at the request of the Commission and after consultation with the Authority require the Authority to make provision in a multiplex established, maintained and operated by the Authority under section 16(1) of the Act of 1960 for the broadcasting by digital means of the television programme service provided under the television programme service contract by the television programme service contractor.

(6) If the Minister makes a requirement of the Authority under subsection (5), the television programme service contractor shall make to the Authority such periodic or other payments in respect of any service provided by the Authority in meeting that requirement as the Minister, after consultation with the Commission for Communications Regulation, the Authority and the television programme service contractor, may direct.

(7) If the Minister makes a requirement of the Authority under subsection (5) and the television programme service contractor does not consider the digital capacity employed by the Authority in respect of any service provided by the Authority in meeting that requirement to be adequate, the Minister may, at the request of the television programme service contractor and after consultation with the Commission, direct the Authority to employ a specific amount of digital capacity.

4. Additional functions of Commission.

4.— (1) It shall be the function of the Commission to arrange, in accordance with this Act, for the establishment, maintenance and operation of multiplexes, including national multiplexes, in addition to any multiplexes established, maintained and operated by the Authority under section 16(1) of the Act of 1960.

(2) For the purpose of subsection (1) the Commission shall, with persons (in this Act referred to as “multiplex contractors”), enter into contracts (in this Act referred to as “multiplex contracts”) under which the multiplex contractors have, subject to the provisions of this Act, the right and duty to establish, maintain and operate a multiplex in the area specified in the multiplex contract.

(3) It shall be a duty of the Commission to ensure that every multiplex contractor complies with the provisions of this Act.

(4) It shall be a duty of the Commission to endeavour to arrange, as a matter of priority, for the establishment, maintenance and operation of three national television multiplexes, which multiplexes, in so far as it is reasonably practicable, shall be capable of being transmitted by digital terrestrial means to the whole community in the State.

(5) It shall be a duty of the Commission to endeavour to arrange for the broadcasting of any television broadcasting service in Northern Ireland that is notified to the Commission by the Minister, being a service that is receivable throughout the whole of Northern Ireland and is provided by terrestrial means, by digital means under a multiplex contract.

(6) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act including, in particular, the power to consult with the Commission for Communications Regulation as it sees fit.

5. Duty of Commission for Communications Regulation in respect of digital terrestrial television multiplexes.

5.— (1) It shall be a duty of the Commission for Communications Regulation, at the request of the Authority, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of a single television multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(2) It shall be a duty of the Commission for Communications Regulation, exercisable only at the request of the Authority and after consultation with the Minister and with the Commission regarding the digital capacity requirements of Teilifís na Gaeilge and the television programme service contractor, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of one further television multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(3) It shall be a duty of the Commission for Communications Regulation, at the request of the Commission, to issue to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, licences in respect of the establishment, maintenance and operation of four television multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with contracts to be entered into by the Commission under subsection (2) of section 4.

(4) The Commission for Communications Regulation shall consult with the Commission regarding the desirability of it issuing to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, further licences in respect of the establishment, maintenance and operation of additional television multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with additional contracts to be entered into by the Commission under subsection (2) of section 4.

(5) Nothing in this section shall be construed as preventing the Commission for Communications Regulation, following consultation with the Minister and with the Commission, from issuing under the Wireless Telegraphy Acts 1926 to 1988, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1), (2) and (3) relate of programme material and related and other data in a digital form, subject to such conditions as the Commission may consider necessary to impose in a contract entered into under section 12 of the Act of 2001.

(6) During the continuance of any emergency declared under section 10 of the Wireless Telegraphy Act 1926, the Minister may suspend any licence issued under this section and, while any such suspension continues, the Minister may operate any service which was provided under the suspended licence or require such service to be operated as he directs.

6. Duty of Commission for Communications Regulation in respect of digital terrestrial sound broadcasting multiplexes.

6.— (1) It shall be a duty of the Commission for Communications Regulation, at the request of the Authority, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of a single sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(2) It shall be a duty of the Commission for Communications Regulation, exercisable only at the request of the Authority and after consultation with the Minister and the Commission, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of one further sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(3) It shall be a duty of the Commission for Communications Regulation, at the request of the Commission, to issue to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, licences in respect of the establishment, maintenance and operation of one sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with contracts to be entered into by the Commission under subsection (2) of section 4.

(4) It shall be a duty of the Commission for Communications Regulation, at the request of the Commission, to issue to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, licences in respect of the establishment, maintenance and operation of one or more sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in an area of the State specified by the Commission, which area may consist of the whole or any part of the State, in accordance with contracts to be entered into by the Commission under subsection (2) of section 4.

(5) The Commission for Communications Regulation shall consult with the Commission regarding the desirability of it issuing to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, further licences in respect of the establishment, maintenance and operation of additional sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in an area of the State specified by the Commission, which area may consist of the whole or any part of the State, in accordance with additional contracts to be entered into by the Commission under subsection (2) of section 4.

(6) Nothing in this section shall be construed as preventing the Commission for Communications Regulation, following consultation with the Minister and with the Commission, from issuing under the Wireless Telegraphy Acts 1926 to 1988, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1),(2),(3) and (4 relate of programme material and related and other data in a digital form, subject to such conditions as the Commission may consider necessary to impose in a contract entered into under section 12 of the Act of 2001.

(7) During the continuance of any emergency declared under section 10 of the Wireless Telegraphy Act 1926, the Minister may suspend any licence issued under this section and, while any such suspension continues, the Minister may operate any service which was provided under the suspended licence or require such service to be operated as he directs.

7. Regulations prescribing fees.

7.— (1) Every licence under the Act of 1960, the Act of 1988, the Act of 1990 and this Act shall be issued on payment of such fees as may be prescribed by the Commission for Communications Regulation, with the consent of the Minister, in regulations made under this section.

(2) Regulations made under this section may prescribe in relation to all such licences or any particular class or classes of such licences—

(a) the fees to be paid on the grant or renewal of such licences, and

(b) the time and manner at and in which such fees are to be paid.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty one days on which either such House has sat next after the regulation was laid before such Houses, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

8. Applications for multiplex contracts.

8.— (1) In order to secure the orderly establishment, maintenance and operation of multiplexes and subject to subsection (2), the Commission shall as soon as may be after this section has come into force and may thereafter, from time to time having regard to the availability of radio frequencies for multiplexes, invite applications for multiplex contracts and, subject to the provisions of this Act, may enter into such contracts.

(2) Without prejudice to subsection(1), the Commission shall within six months after this section has come into force endeavour to invite applications for multiplex contracts in respect of the three national television multiplexes referred to in section 4(4).

(3) Where the Commission invites applications for a multiplex contract it shall by public notice specify the coverage area (which area may consist of the whole or any part of the State) in which the programme material and related and other data shall be broadcast pursuant to such contract (in this section referred to as “the maximum coverage area”) and by such notice shall invite persons interested in establishing and maintaining a multiplex to apply for such contract.