Broadcasting Act 2009

• (a) be responsive to the interests and concerns of the whole community, be mindful of the need for understanding and peace within the whole island of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole island of Ireland, and have special regard for the elements which distinguish that culture and in particular for the Irish language,

• (b) uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, and

• (c) have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member States.

• (3) Without prejudice to the generality of subsection (1), RTÉ shall ensure that the programme schedules of the broadcasting services referred to in that subsection—

• (a) provide a comprehensive range of programmes in the Irish and English languages that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity,

• (b) provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and

• (c) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.

• (4) The principal express powers of RTÉ in pursuance of the objects outlined in subsection (1) are—

• (a) to establish, maintain and operate broadcasting stations and to acquire, install and operate apparatus for wireless telegraphy,

• (b) subject to any regulations under the Act of 1926, which are for the time being in force, to provide for the distribution by means of wired broadcast relay stations of programmes broadcast by RTÉ and such other programmes as RTÉ may decide,

• (c) to originate programmes and procure programmes from any source,

• (d) to make contracts, agreements and arrangements incidental or conducive to the objects of RTÉ,

• (e) to acquire and make use of copyrights, patents, licences, privileges and concessions,

• (f) to collect news and information and to subscribe to news services and such other services as may be conducive to the objects of RTÉ,

• (g) to subscribe to such international associations, and to such educational, musical and dramatic bodies and such other bodies promoting entertainment or culture, as may be conducive to the objects of RTÉ,

• (h) to organise, provide and subsidise concerts, entertainments, education and other activities in connection with a broadcasting service or for any purpose incidental to it and, in relation to any such concert or entertainment, to provide or procure accommodation and, if desired, to make charges for admission,

• (i) to prepare, publish and distribute, with or without charge, such magazines, books, papers and other printed matter as may seem to RTÉ to be conducive or incidental to its objects,

• (j) to arrange with other broadcasting organisations or authorities for the distribution, receipt, exchange and relay of programmes (whether live or recorded),

• (k) to compile, publish and distribute, with or without charge, recorded aural and visual material,

• (l) to provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament,

• (m) to facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting,

• (n) to invest in, originate or procure films,

• (o) to establish and maintain websites,

• (p) to establish and maintain an electronic communications network subject to any enactment or rule of law,

• (q) to establish and maintain an “electronic communications service” meaning a service which consists wholly or mainly of the conveyance of signals on electronic communications networks, subject to the provisions of any enactment or rule of law,

• (r) to make available the broadcasting services of RTÉ in so far as reasonably practicable by any and all means of transmission, relaying or distribution, whether by way of broadcast (which includes terrestrial sound and television broadcasting networks, cable networks or satellite networks), or by any form of electronic means (which includes fixed terrestrial networks, mobile terrestrial networks, including the Internet and other electronic communications networks) and whether now known or hereinafter invented on a linear or non-linear basis, and

• (s) to invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds.

• (5) Nothing in this section shall be read as preventing RTÉ from including in the programme schedules programmes made outside the State.

• (6) Nothing in this section shall be read as preventing RTÉ from providing broadcasting services which are of a special interest to only certain members of the community and which are made available on a subscription or pay-per-view basis under its exploitation of commercial opportunities object.

• (7) RTÉ shall have all such powers as are necessary or incidental to the attainment of the objects specified in subsection (1), and which are not inconsistent with this Act.

• (8) RTÉ shall endeavour to ensure that the programme schedules of the television broadcasting service and the sound broadcasting service established and maintained pursuant to subsection (1) (f) are, in so far as it is reasonably practicable, representative of the programme schedules of the national television and sound broadcasting services referred to in subsection (1) (a) and section 118 (1) (a).

115. Broadcasting infrastructure.

115.— (1) The Minister may, at the request of the Authority and after consultation with RTÉ, require RTÉ to co-operate with a holder of a sound broadcasting contract in the use of any mast, tower, site or other installation or facility needed in connection with the provision of transmission facilities for sound broadcasting services under the sound broadcasting contract.

• (2) A sound broadcaster shall make to RTÉ such periodical or other payments in respect of any facilities provided under subsection (1) as the Minister, after consultation with RTÉ and the Authority, directs.

116. Independent programme account.

116.— (1) RTÉ shall keep an account which shall be known as the independent programmes account (in this section referred to as the “account”).

• (2)
• (a) Monies standing to the credit of the account shall be used by RTÉ for the purpose of—

• (i) commissioning the making of independent television or sound broadcasting programmes,

• (ii) procuring the formulation by persons of proposals for the commissioning by RTÉ of the making of the above programmes, and

• (iii) assisting the completion of independent television or sound broadcasting programmes the making of which has not been commissioned by RTÉ,

and for no other purpose.

• (b) The amount of monies that RTÉ is required by subsection (3) to pay into the account in a financial year shall be expended, unless it is impracticable to do so, within 2 years of that financial year.

• (c) RTÉ shall not in a financial year use for the purposes specified in subparagraphs (ii) and (iii) of paragraph (a) more than 10 per cent of the amount of monies that it is required by subsection (3) to pay into the account in that financial year.

• (3) RTÉ shall in each financial year mentioned in column (1) of Part 1 of the Table to this section pay into the account, in accordance with subsection (4), an amount of monies that is not less than the amount of monies mentioned in column (2) opposite the mention of the financial year concerned.

• (4) The amount of monies required to be paid by subsection (3) into the account in a financial year shall be so paid in such number of instalments as RTÉ deems appropriate having regard to its duty under subsection (2) (b).

• (5) If any of the monies paid under subsection (3) into the account in a financial year remains unexpended at the end of a two year period from the end of that financial year the Minister may, having consulted with the Authority and RTÉ, authorise RTÉ to withdraw those monies or a specified portion of them from the account. Monies so withdrawn shall thereupon become and be available to RTÉ for the purposes generally of pursuing its public service objects.

• (6) References in this section to the expenditure of monies in the account include references to the incurring of a legal obligation to expend such monies.

• (7)
• (a) The Minister may, having had regard to each of the following matters, namely—

• (i) the current and prospective financial liabilities of RTÉ,

• (ii) the effect (if any) for the time being of the operation of this section on—

• (I) the employment or recruitment of staff by RTÉ,

• (II) the performance by RTÉ of its public service objects, and

• (III) the employment of persons in the making of independent television or sound broadcasting programmes,

from time to time by order vary the sum referred to in the definition of the “ appropriate amount” in subsection (8) (a) and for so long as the order is in force Part 1 of the Table and the definition are to be read as having effect in accordance with the order.

• (b) Where it is proposed to make an order under this subsection, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

• (8)
• (a) In Part 1 of the Table to this section “appropriate amount” means the sum of €40,000,000 as increased by an amount equal to the appropriate percentage of that sum.

• (b) In this subsection the “appropriate percentage” means the difference between the consumer price index number at mid-August, 2008, and the said number at the mid-August immediately preceding the financial year concerned expressed as a percentage of the first-mentioned number.

• (c) If at the second-mentioned date in paragraph (b) the consumer price index number stands at a figure that is less than that at which it stood at the first-mentioned date in that paragraph, the definition of “the appropriate amount” in this subsection has effect as respects the financial year immediately following the second-mentioned date as if “reduced” were substituted for “increased” in that definition.

• (9) As soon as may be, but not later than 3 months, after the end of each financial year, RTÉ shall make a report to the Minister of—

• (a) its activities during that financial year as respects commissioning the making of independent television or sound broadcasting programmes,

• (b) the name or corporate identity of persons commissioned to make independent television or sound broadcasting programmes,

• (c) the operation by it of the account during that financial year, and

• (d) such other matters relating to the matters referred to in paragraphs (a), (b) and (c) as the Minister may direct.

• (10) The Minister shall cause copies of the report to be laid before each House of the Oireachtas.

• (11) For the purposes of this Part, the making of an independent programme shall not be regarded as having been commissioned by RTÉ unless, before work on the making of the programme commences, RTÉ has incurred a legal obligation to pay at least 25 per cent of the cost of its making.

• (12) In this section “independent programme” means a television or sound broadcasting programme made by a person who complies with the following conditions, namely—

• (a) each of the following matters as respects the said programme is determined by him or her or by one or more persons on his or her behalf and over whose activities in respect of the determination of such matters he or she exercises control, namely—

• (i) the persons who are to participate in the said programme,

• (ii) the persons who are to be involved in the making of the said programme, and

• (iii) the equipment and facilities to be used in the making of the said programme,

• (b) he or she is not a subsidiary of a broadcaster, and

• (c) he or she is not a holding company of a broadcaster.

• (13) For the purposes of the definition in subsection (12), where—

• (a) two or more broadcasters hold shares in a body corporate or a holding company of a body corporate, or

• (b) each of two or more broadcasters (being shareholders in a body corporate or a holding company of a body corporate) by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove a holder of a directorship of the body corporate or, as the case may be, the holding company,

then, notwithstanding that the body corporate is not a subsidiary of any of these broadcasters, the body corporate is deemed not to comply with the condition specified in paragraph (b) of that definition if—

• (i) the total number of shares held by the said broadcasters in the body corporate or, as the case may be, the holding company, or

• (ii) the total number of directorships of the body corporate or, as the case may be, the holding company that the aforesaid powers of the said broadcasters may be exercised in respect of,

is such that, were the said broadcasters to be regarded as one company, the body corporate would be a subsidiary of it, and

• (I) RTÉ is one of the said broadcasters, or

• (II) there exists a business relationship between the said broadcasters that, in the opinion of RTÉ, is of such a kind as is likely to result in the said broadcasters acting in concert with one another in exercising their rights under those shares or in exercising the said powers.

• (14) For the purposes of subsection (13) (b) a broadcaster shall be deemed to have power to appoint to a directorship in relation to which the condition specified in paragraph (a) or (b) of section 155(2) of the Companies Act 1963 is satisfied, and for this purpose references in those paragraphs to the other company shall be construed as references to the broadcaster.

• (15) RTÉ shall in each financial year mentioned in column (1) of Part 2 of the Table to this section use a per cent of the monies paid into the account that is not less than the per cent mentioned in column (2) opposite the mention of the financial year concerned for the purposes of—

• (a) commissioning the making of independent sound broadcasting programmes,

• (b) procuring the formulation by persons of proposals for the commissioning by RTÉ of the making of the above programmes, and

• (c) assisting the completion of independent sound broadcasting programmes the making of which has not been commissioned by RTÉ,

and for no other purpose.

• (16) A minimum of 95 per cent of the monies paid into the account shall be used by RTÉ for the purpose of—

• (a) commissioning the making of independent television programmes,

• (b) procuring the formulation by persons of proposals for the commissioning by RTÉ of the making of the above programmes, and

• (c) assisting the completion of independent television broadcasting programmes the making of which has not been commissioned by RTÉ,

and for no other purpose.

TABLE

Part 1

Independent programmes account

Financial year (1)	Amount of monies to be paid by RTÉ into the account (2)
2009	€40,000,000
Each subsequent financial year	The appropriate amount

Part 2

Independent sound broadcasting programmes

Financial year (1)	Minimum percentage of monies paid into account to be expended by RTÉ on independent sound broadcasting programmes (2)
2009	1.25 per cent
2010	1.50 per cent
2011	2.00 per cent
2012	2.50 per cent
Each subsequent financial year	3.00 per cent

Chapter 3 Provisions specific to TG4

117. Continuance of Teilifís na Gaeilge.

117.— Teilifís na Gaeilge continues in being.

118. Principal objects and associated powers of TG4.

118.— (1) The objects of TG4 are—

• (a) to establish, maintain and operate a national television broadcasting service, which shall have the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland,

• (b) to establish and maintain a website F168[…] in connection with the services of TG4 under paragraphs (a), (c), (d), (e), (f), (g) and (h),

• (c) to establish and maintain choirs and other cultural performing groups in connection with the services of TG4 under paragraphs (a), (f), (g) and (h),

• (d) to assist and co-operate with the relevant public bodies in preparation for, and execution of, the dissemination of relevant information to the public in the event of a major emergency,

• (e) to establish and maintain archives and libraries containing materials relevant to the objects of TG4 under this subsection,

• (f) to establish, maintain and operate, in so far as it is reasonably practicable, a television broadcasting service, which shall have the character of a public service, to be made available to Irish communities outside of the island of Ireland,

• (g) subject to the consent of the Minister, the Minister having consulted with the Authority, to establish, maintain and operate in so far as it is reasonably practicable, community, local, or regional broadcasting services, which shall have the character of a public service, and be available free-to-air,

• (h) subject to the consent of the Minister, the Minister having consulted with the Authority, to establish and maintain F169[audiovisual on-demand media services], in so far as it is reasonably practicable, which shall have the character of a public broadcasting service (such consent not being required in respect of such services which are ancillary to a broadcasting service provided under paragraphs (a), (d), (f) and (g)),

• (i) so far as it is reasonably practicable, to exploit such commercial opportunities as may arise in pursuit of the objects outlined in paragraphs (a) to (h).

• (2) In pursuit of the objects outlined in subsection (1), TG4 shall—

• (a) be responsive to the interests and concerns of the whole community, be mindful of the need for understanding and peace within the whole island of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole island of Ireland, and have special regard for the elements which distinguish that culture and in particular for the Gaeltachtaí,

• (b) uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, and

• (c) have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member States.

• (3) Without prejudice to the generality of subsection (1), TG4 shall ensure that the programme schedules of the broadcasting services referred to in that subsection—

• (a) provide a comprehensive range of programmes, primarily in the Irish language, that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of those of all age groups in the community whose preferred spoken language is Irish or who otherwise have an interest in Irish,

• (b) provide programmes, primarily in the Irish language, of news and current affairs,

• (c) provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and

• (d) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.

• (4) The principal express powers of TG4 in pursuance of the objects outlined in subsection (1) are—

• (a) to establish, maintain and operate broadcasting stations and to acquire, install and operate apparatus for wireless telegraphy,

• (b) subject to any regulations under the Act of 1926, which are for the time being in force, to provide for the distribution by means of wired broadcast relay stations of programmes broadcast by TG4 and such other programmes as TG4 may decide,

• (c) to originate programmes and procure programmes from any source,

• (d) to make contracts, agreements and arrangements incidental or conducive to the objects of TG4,

• (e) to acquire and make use of copyrights, patents, licences, privileges and concessions,

• (f) to collect news and information and to subscribe to news services and such other services as may be conducive to the objects of TG4,

• (g) to subscribe to such international associations, and to such educational, musical and dramatic bodies and such other bodies promoting entertainment or culture, as may be conducive to the objects of TG4,

• (h) to organise, provide and subsidise concerts, entertainments, education and other activities in connection with a broadcasting service or for any purpose incidental to it and, in relation to any such concert or entertainment, to provide or procure accommodation and, if desired, to make charges for admission,

• (i) to prepare, publish and distribute, with or without charge, such magazines, books, papers and other printed matter as may seem to TG4 to be conducive or incidental to its objects,

• (j) to arrange with other broadcasting organisations or authorities for the distribution, receipt, exchange and relay of programmes (whether live or recorded),

• (k) to compile, publish and distribute, with or without charge, recorded aural and visual material,

• (l) to provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament,

• (m) to facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting,

• (n) to invest in, originate or procure films,

• (o) to establish and maintain websites,

• (p) to establish and maintain an electronic communications network subject to any enactment or rule of law,

• (q) to establish and maintain an “electronic communications service” meaning a service which consists wholly or mainly in the conveyance of signals on electronic communications networks, subject to the provisions of any enactment or rule of law,

• (r) to make available the broadcasting services of TG4 in so far as reasonably practicable by any and all means of transmission, relaying or distribution, whether by way of broadcast (which includes terrestrial sound and television broadcasting networks, cable networks or satellite networks), or by any form of electronic means (which includes fixed terrestrial networks, mobile terrestrial networks, including the Internet and other electronic communications networks) and whether now known or hereinafter invented on a linear or non-linear basis, and

• (s) to invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds.

• (5) TG4 may, for the purpose of complementing the programme material it broadcasts in the Irish language, acquire programme material in other languages; in acquiring such material, TG4 shall have regard to the need to maintain the distinctive character of the broadcasting service referred to in paragraph (a) of subsection (1) and to cater for the expectations of audiences who are not generally catered for by other broadcasting services.

• (6) Nothing in this section is to be read as preventing TG4 from including in the programme schedules programmes made outside the State.

• (7) Nothing in this section is to be read as preventing TG4 from providing broadcasting services which are of a special interest to only certain members of the community and which are made available on a subscription or pay-per-view basis under its exploitation of commercial opportunities object.

• (8) TG4 shall have all such powers as are necessary or incidental to the attainment of the objects under subsection (1) and which are not inconsistent with this Act.

• F170[(9) Each amount paid to TG4 under section 123(4) shall be used by TG4 solely for the purposes of—

• (a) pursuing its public service objects, and

• (b) paying amounts levied on TG4 under section 33.]

119. Accountability of director general of TG4 to Committee of Public Accounts.

119.— The director general of TG4 shall, whenever he or she is required to do so by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and the reports of the Comptroller and Auditor General, give evidence to that Committee on all matters pertaining to the expenditure of TG4.

Chapter 4 Exchange of Programme Material and Spectrum Licencing

120. Duty to supply programme material.

120.— (1) RTÉ shall provide to TG4 programme material in the Irish language of such amounts and at such times as may be agreed between them, being of such amounts and at such times as, in their opinion, will result in the equivalent of one hour of such programme material being provided daily by RTÉ to TG4.

• (2) For the purposes of section 114 (8) TG4 shall provide to RTÉ, 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 section 118 (1) (a).

121. Public service broadcasting licence.

121.— (1) The powers conferred on RTÉ by virtue of section 114 (4) (a) and (b) shall not be exercised save under a licence (“public service broadcasting licence”) issued to RTÉ or its agent by the Communications Regulator and in accordance with any conditions attached by the Communications Regulator to the licence.

• (2) The powers conferred on TG4 by virtue of section 118 (4) (a) and (b) shall not be exercised save under a public service broadcasting licence issued to TG4 or its agent by the Communications Regulator and in accordance with any conditions attached by the Communications Regulator to such licence.

• (3) A copy of every public service broadcasting licence shall be laid before each House of the Oireachtas as soon as may be after the issue of the licence.

122. Emergencies.

122.— (1) During the continuance of any national emergency the Minister may suspend any public service broadcasting licence and any licence under section 132 (1) or (2) or section 133 (1) or (2), 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 or she directs.

• (2) Without prejudice to section 114 (1) (d) and section 118 (1) (d) it shall be a duty of a corporation, at the direction of the Minister, to assist and to co-operate with the relevant public bodies in the preparation for, and execution of, the dissemination of relevant information to the public in the event of a major emergency.

• (3) If and whenever the Minister shall exercise the powers conferred on him or her by subsection (1) a corporation shall be entitled to receive from the Minister, with the consent of the Minister for Finance—

• (a) such sums as are required to defray any expenses which, regard being had to the nature of the emergency, have been properly and necessarily incurred by the corporation and for meeting which revenue is by reason of the exercise of such powers not otherwise available to the corporation, and

• (b) compensation for any damage done to any property of the corporation, being damage directly attributable to the exercise of such powers.

• (4) The Minister may direct a corporation to allocate broadcasting time for announcements for and on behalf of any Minister of the Government, in the event of a major emergency, in connection with the functions of that Minister of the Government, and the corporation shall comply with the direction.

• (5) In complying with a direction under subsection (4) a corporation may broadcast an announcement that it has received such a direction from the Minister.

Chapter 5 Allocation of Public Funding to RTÉ and TG4

123. Allocation of public funding.

123.— F171[(1) The Minister, with the approval of the Minister for Public Expenditure and Reform, may pay to RTÉ and TG4 out of monies provided by the Oireachtas, in respect of each financial year beginning with the financial year commencing on 1 January 2011, an amount equal to the total of the receipts in that year in respect of television licence fees apportioned to RTÉ and TG4 as the Minister determines in accordance with subsection (1A) less—

• (a) any expenses certified by the Minister as having been incurred by him or her in that year in relation to the collection of those fees, and

• (b) any amount paid under section 156(2).]

• F172[(1A)
• (a) The Minister shall, after consultation with the Minister for Public Expenditure and Reform, determine the portion of the amount referred to in subsection (1) to be paid to RTÉ and TG4 respectively.

• (b) When making a determination for the purposes of paragraph (a), the Minister shall have regard to the ability of RTÉ and TG4 to fulfil their public service objects. ]

• (2) The amount paid to RTÉ in each financial year under subsection (1) of this section, shall be used by RTÉ solely for the purposes of—

• (a) pursuing its public service objects, and

• (b) paying amounts levied on RTÉ under section 33.

• F173[(2A) The amount paid to TG4 in each financial year under subsection (1), shall be used by TG4 solely for the purposes of—

• (a) pursuing its public service objects, and

• (b) paying amounts levied on TG4 under section 33. ]

• (3) The Minister, with the consent of the Minister for Finance, may from time to time, pay to RTÉ such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by RTÉ in the pursuance of its public service objects.

• (4) The Minister, with the consent of the Minister for Finance, may from time to time, pay to TG4 such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by TG4 in—

• (a) pursuing its public service objects, and

• (b) paying amounts levied on TG4 under section 33.

• (5) The Minister in making a determination under subsection (4) shall consider the multi-annual funding needs of TG4.

124. Recommendations as to changes to public funding.

124.— (1) In this section—

“CPI” means the consumer price index as compiled by the Central Statistics Office;

“financial year” means a period of 12 months ending on 31 December;

“(Δ CPI)” means the annual percentage change in the CPI;

“annual television licence fee modification” = (Δ CPI) + 1% - X;

“X” means the adjustment recommended by the Authority.

• (2) The Authority, shall in each year, carry out a review of the extent to which a corporation has during the previous financial year fulfilled the commitments in respect of its public service objects stated in an annual statement of performance commitments for that financial year and the adequacy or otherwise of public funding to enable the corporation to meet its public service objects.

• (3) A corporation shall co-operate with the Authority in the exercise of a review under subsection (2).

• (4) The Authority shall prepare and by 30 June in each year submit to the Minister a report of the outcome of any review under subsection (2).

• (5) The Authority shall on the basis of the review under subsection (2) recommend in a report to the Minister an annual television licence fee modification F175[and the amounts of any payments to be made to TG4 under section 123].

• (6) The Minister shall publish a response to a recommendation of the Authority under subsection (5).

• (7) The Minister shall cause copies of—

• (a) the report of the Authority under subsection (4),

• (b) the recommendations made by the Authority under subsection (5), and

• (c) his or her response to the recommendations of the Authority under subsection (6),

to be laid before each House of the Oireachtas.

• (8) The Authority shall within a period of not more than 3 years after the passing of this Act, and every 5 years thereafter, or as directed by the Minister, carry out a review of the adequacy or otherwise, of public funding to enable a corporation to meet its public service objects.

• (9) In carrying out a review under subsection (8) the Authority shall take account of the following—

• (a) the existing financial resources available to a corporation,

• (b) the current level of public funding available to a corporation,

• (c) the multi-annual nature of public funding requirements,

• (d) the level of commercial funding available to a corporation in pursuance of its exploitation of commercial opportunities object,

• (e) the outcome of any review under subsection (2),

• (f) the public service statement for a corporation in force during the period under review,

• (g) developments in public service broadcasting internationally,

• (h) F176[…]

• (i) such other matters as the Authority may consider relevant, and

• (j) such other matters which the Minister may consider relevant and has communicated to the Authority.

• (10) A corporation shall co-operate with the Authority in the exercise of a review under subsection (8).

• (11) The Authority shall prepare and as soon as practicable submit to the Minister a report of the outcome of any review under subsection (8).

• (12) The Authority shall on the basis of the review under subsection (8) make in a report to the Minister under subsection (11) a recommendation as to the requisite level of public funding required to permit the corporation to fulfil its public service objects.

• (13) The Minister shall submit to the Government—

• (a) the report of the Authority under subsection (11), and

• (b) the recommendation made by the Authority under subsection (12).

• (14) The Government shall publish a response to the recommendation of the Authority under subsection (12).

• (15) The Minister shall cause copies of:

• (a) the report of the Authority under subsection (11),

• (b) the recommendation made by the Authority under subsection (12), and

• (c) the Government’s response to the recommendation of the Authority under subsection (14),

to be laid before each House of the Oireachtas.

• (16) The Authority may appoint an agent to perform any acts and discharge any functions authorised by this section to be performed or discharged by the Authority.

Chapter 6 Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann

125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).

125.— (1) In this Chapter “Joint Administration Committee” means a joint committee of the Houses of the Oireachtas to which those Houses have assigned the role of oversight of the broadcasting of the proceedings of the Houses of the Oireachtas.

• (2) The Commission of the Houses of the Oireachtas may establish, fund and provide a television broadcasting service to be known as, in the Irish language, Bealach Thithe an Oireachtais or, in the English language, the Houses of the Oireachtas Channel, which shall have the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland.

• (3) The Houses of the Oireachtas Channel shall, as its principal function, provide coverage of proceedings in the Houses of the Oireachtas.

• (4) Subject to the consent of the Joint Administration Committee, the Houses of the Oireachtas Channel may provide coverage of matters and events ancillary to proceedings of the Houses of the Oireachtas.

• (5) The Houses of the Oireachtas Channel may provide coverage of the proceedings of—

• (a) a local authority (within the meaning of the Local Government Act 2001),

• (b) the implementation bodies (within the meaning of the British-Irish Agreement Act 1999),

• (c) the legislatures of other jurisdictions outside the State,

• (d) the institutions of the United Nations, the European Communities and the Council of Europe, and

• (e) such other bodies and institutions as the Commission of the Houses of the Oireachtas considers appropriate.

• (6) The Commission of the Houses of the Oireachtas may enter into such contracts as are necessary to establish and maintain the Houses of the Oireachtas Channel.

• (7) The Houses of the Oireachtas Channel shall not broadcast advertisements F177[…].

126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.

126.— Schedule 1 to the Houses of the Oireachtas Commission Act 2003 is amended by inserting after paragraph 2(c) the following:

• “(cc) costs for the purposes of defraying the expenses incurred by the Commission in respect of Bealach Thithe an Oireachtais under section 125 of the Broadcasting Act 2009;”.

127. Bealach Scannán na hÉireann (Irish Film Channel).

127.— (1) The Irish Film Board may establish, fund and provide a television broadcasting service to be known as, in the Irish language, Bealach Scannán na hÉireann or, in the English language, the Irish Film Channel, which shall have the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland.

• (2) The Irish Film Channel shall, as its principal purpose, provide programme material consisting of Irish, European, and world films and cinema works including, as far as practicable, film and cinema works in the Irish language.

• (3) The Irish Film Board may enter into such contracts as are necessary to establish and maintain the Irish Film Channel.

• (4) The Irish Film Channel may broadcast advertisements, broadcast acknowledgements of sponsorship, may fix charges and conditions for such broadcasts and, in fixing the charges, may provide for different circumstances and for additional special charges to be made in special cases.

• (5) The Irish Film Channel may reject any advertisement presented for broadcast in whole or in part.

• (6) The Irish Film Channel in providing a broadcasting service under this section shall, subject to the consent of the Minister and F178[…] following consultation with the Authority, fix—

• (a) the total daily time for broadcasting F179[advertisements,]

• (b) the maximum period given to advertisements in any 3 hour F179[period, and]

• F180[(c) subject to subsection (6A), the time allowed for broadcasting advertisements in the period between 06.00 and 18.00 hours and in the period between 18.00 and 24.00 hours each day.]

• F181[(6A) The time fixed under subsection (6)(c) shall not exceed 20 per cent of the time in each period.]

• F181[(6B) A failure to comply with subsection (6) shall be a contravention for the purposes of Part 8B.]

• (7) Film and cinema works broadcast by the Irish Film Channel shall be broadcast uninterrupted by advertisements or acknowledgements of sponsorship.

• (8) The Minister, if so requested by F182[An Coimisiún Toghcháin] following consultation by F182[An Coimisiún Toghcháin] with the Irish Film Channel and consideration of any proposals of the Irish Film Channel for broadcasts in connection with the referendum that it communicates to F182[An Coimisiún Toghcháin], shall direct the Irish Film Channel in writing to allocate broadcasting time to facilitate F182[An Coimisiún Toghcháin] in performing its functions, and the Irish Film Channel shall comply with a direction under this subsection.

• (9) Charges and conditions referred to in subsection (4) may be fixed subject to variations benefiting advertisers who use the Irish language in their advertisements.

• (10) A power under this section to fix charges and conditions shall be read as including a power to cancel or vary any charges or conditions fixed under such power and, where charges or conditions are cancelled, to fix other charges or conditions in lieu of those cancelled.

• (11) F183[…]

• (12) Nothing in this section shall preclude the Irish Film Channel from promoting the services of the Irish Film Board or promoting its future broadcasting of featured films and works.

128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.

128.— (1) The Irish Film Board shall prepare prior to the provision of a broadcasting service in respect of the Irish Film Channel and every 5 years thereafter, or as directed by the Minister for Arts, Sport and Tourism, a public service statement, not in conflict with this Act, setting out the principles to be observed, and activities to be undertaken by the Irish Film Channel.

• (2) The Commission of the Houses of the Oireachtas shall prepare prior to the provision of a broadcasting service in respect of the Houses of the Oireachtas Channel and every 5 years thereafter, a public service statement, not in conflict with this Act, setting out the principles to be observed, and activities to be undertaken by the Houses of the Oireachtas Channel.

• (3) The Authority shall within a period of not more than 5 years after the passing of this Act and every 5 years thereafter carry out a review of the adequacy or otherwise of public funding to enable the fulfilment of the functions of—

• (a) the Houses of the Oireachtas Channel under section 125, and

• (b) the Irish Film Channel under section 127.

• (4) The Authority shall prepare and as soon as practicable submit to the Joint Administration Committee a report of the outcome of any review under subsection (3) in respect of the Houses of the Oireachtas Channel.

• (5) The Authority shall prepare and as soon as practicable submit to the Minister for Arts, Sport and Tourism a report of the outcome of any review under subsection (3) in respect of the Irish Film Channel.

Chapter 7 Availability and prominence of public service programmes and services

128A. Interpretation.

128A.— ...]

128B. F185[Must-carry and must-offer obligations for platforms.

128B.— ...]

128C. F186[Prominence on interactive guides.

128C.— ...]

128D. F187[Designation of public service audiovisual broadcasting or on-demand media services.

128D.— ...]

128E. F188[Consultation and laying.

128E.— ...]

PART 8 Digital Broadcasting and Analogue Switch-Off

129. Definitions (Part 8).

129.— In this Part—

“Acts of 1926 to 2009” means Wireless Telegraphy Acts 1926 to 2009;

F189[“listed simulcast service” means a sound broadcasting service designated as a listed simulcast service under section 134(7)(b);]

“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;

“multiplex licence” means a licence under section 132(1) or (2), section 133(1) or (2), or a television or sound broadcasting multiplex licence;

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

“sound broadcasting multiplex licence” means a licence issued for the purposes of subsection (3), (4) or (5) of section 133;

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

“television multiplex licence” means a licence issued for the purposes of subsection (3) or (4) of [F190section 132.]

F191[…]

130. Additional functions of RTÉ.

130.— (1) (a) A national television multiplex established, maintained and operated by RTÉ under section 114 (1) (i) shall provide for the broadcasting by digital means of—

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

• (ii) TG4,

• (iii) where required by the Minister—

• (I) The Houses of the Oireachtas Channel, and

• (II) The Irish Film Channel,

• (iv) such other television services, having the character of a public service, as may be designated by the Minister by order, and

• (v) where required by RTÉ or where required by the Minister, after consultation with the Authority, transmissions of data necessary to ensure the proper maintenance and functioning and updating of receiving equipment required for reception and viewing of services referred to in this paragraph and the multiplexes referred to in section 132 (3) and (4).

• (b) RTÉ shall—

• (i) ensure that the national television multiplex referred to in paragraph (a) is established as a matter of priority, and—

• (I) on such date as may be specified by the Minister by order, is operational and available free-to-air to approximately 90 per cent of the population, and

• (II) by 31 December 2011, or such later date as may be specified by the Minister by order, is operational, available free-to-air and capable of providing coverage to the same extent as is, on the passing of this Act, available by free-to-air analogue means,

and

• (ii) at the request of the Minister, report to the Minister on its progress in relation to the activities set out in subparagraph (i).

• (c) RTÉ shall take steps to promote the availability of equipment capable of receiving, identifying, decoding and displaying a national television multiplex operated by RTÉ under section 114 (1) (i).

• (d) Nothing in this subsection precludes RTÉ from making provision in a multiplex established, maintained and operated by RTÉ under section 114 (1) (i) 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).

• (e) Without prejudice to the requirements of this section, RTÉ may, with the consent of the Minister, the Minister having consulted with the Authority, in respect of the use of spare capacity on a multiplex established, maintained and operated by RTÉ under section 114 (1) (i), broadcast programme material in pursuance of its exploitation of commercial opportunities object.

• (2) TG4 shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means TG4 as the Minister, after consultation with the Communications Regulator, RTÉ and TG4, may direct.

• (3) In the event that TG4 does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means TG4 to be adequate, the Minister may, at the request of TG4, direct RTÉ to employ a specific amount of digital capacity.

• (4) The Commission of the Houses of the Oireachtas shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Houses of the Oireachtas Channel as the Minister, after consultation with the Communications Regulator, RTÉ and the Commission of the Houses of the Oireachtas, may direct.

• (5) In the event that the Commission of the Houses of the Oireachtas does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Houses of the Oireachtas Channel to be adequate, the Minister may, at the request of the Commission of the Houses of the Oireachtas, direct RTÉ to employ a specific amount of digital capacity.

• (6) The Irish Film Board shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Irish Film Channel as the Minister, after consultation with the Communications Regulator, RTÉ and the Irish Film Board, may direct.

• (7) In the event that the Irish Film Board does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Irish Film Channel to be adequate, the Minister may, at the request of the Irish Film Board, direct RTÉ to employ a specific amount of digital capacity.

• (8) A provider of a television service designated by the Minister under subsection (1) (a) (iv) shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes of subsection (1) (a) (iv) as the Minister, after consultation with the Communications Regulator, RTÉ and the provider of the television service, may direct.

• (9) In the event that a provider of a television service under subsection (1) (a) (iv) does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) (iv) to be adequate, the Minister may, at the request of the provider, direct RTÉ to employ a specific amount of digital capacity.

• (10) The Minister shall, at the request of the Authority and after consultation with RTÉ require RTÉ to make provision in a multiplex established, maintained and operated by RTÉ under section 114 (1) (i) for the broadcasting by digital means of the television programme service provided under the television programme service contract by the television programme service contractor.

• (11) If the Minister makes a requirement of RTÉ under subsection (10), the television programme service contractor shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ in meeting that requirement as the Minister, after consultation with the Communications Regulator, RTÉ and the television programme service contractor, may direct.

• (12) If the Minister makes a requirement of RTÉ under subsection (10) and in the event that the television programme service contractor does not consider the digital capacity employed by RTÉ for the purposes of broadcasting by digital means the television programme service to be adequate, the Minister may, at the request of the television programme service contractor and after consultation with the Authority, direct RTÉ to employ a specific amount of digital capacity.

• (13) A national sound multiplex established, maintained and operated by RTÉ under section 114 (1) (i) shall provide for the broadcasting by digital means of such other sound broadcasting services, having the character of a public service, as may be designated by the Minister by order.

• (14) A provider of a sound broadcasting service designated by the Minister under subsection (13) shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes of subsection (13) as the Minister, after consultation with the Communications Regulator, RTÉ and the provider of the sound broadcasting service, may direct.

• (15)
• (a) An order made under this section shall be laid before each House of the Oireachtas as soon as practicable after it is made.

• (b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

• (c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

131. Additional functions of Authority.

131.— (1) It is the function of the Authority to arrange, in accordance with this Part, for the establishment, maintenance and operation of multiplexes, including national multiplexes, in addition to any multiplexes established, maintained and operated by RTÉ under section 114 (1) (i).

• (2) For the purpose of subsection (1) the Authority shall, with persons (“multiplex contractors”) enter into contracts (“multiplex contracts”) under which the multiplex contractors have, subject to this Part, the right and duty to establish, maintain and operate a multiplex in the area specified in the multiplex contract and in accordance with the terms of the contract.

• (3) It is a duty of the Compliance Committee to ensure that every multiplex contractor complies with this Part.

• (4) It is a duty of the Authority to endeavour to arrange, as a matter of priority, for the establishment, maintenance and operation of 3 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) The Authority has all such powers as are necessary for or incidental to the performance of its functions under this Part including, in particular, the power to consult with the Communications Regulator as it sees fit.

132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes.

132.— (1) The Communications Regulator, at the request of RTÉ, shall issue to RTÉ 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) The Communications Regulator, at the request of RTÉ and after consultation with the Minister and with the Authority regarding the digital capacity requirements of TG4, the television programme service contractor, the Houses of the Oireachtas Channel, the Irish Film Channel, and any television service designated under section 130(1)(a)(iv), shall issue to RTÉ 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) The Communications Regulator, at the request of the Authority, shall issue to the Authority under the Acts of 1926 to 2009, subject to this Part, television multiplex licences in respect of the establishment, maintenance and operation of 4 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 Authority under section 136 (2).

• (4) The Communications Regulator shall consult with the Authority regarding the desirability of it issuing to the Authority under the Acts of 1926 to 2009, subject to this Part, further television multiplex 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 entered into by the Authority under section 136 (2).

• (5) Nothing in this section shall be read as preventing the Communications Regulator, following consultation with the Minister and with the Authority, from issuing under the Acts of 1926 to 2009, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1), (2) or (3) relate, of programme material and related and other data in a digital form, subject to such conditions as the Authority may consider necessary to impose in a contract entered into under section 71.

133. Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes.

133.— (1) The Communications Regulator, at the request of RTÉ, shall issue to RTÉ 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) The Communications Regulator, at the request of RTÉ and after consultation with the Minister and the Authority, shall issue to RTÉ 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) The Communications Regulator, at the request of the Authority, shall issue to the Authority under the Acts of 1926 to 2009, subject to this Part, a sound broadcasting multiplex licence 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 Authority under section 136 (2).

• (4) The Communications Regulator, at the request of the Authority, shall issue to the Authority under the Acts of 1926 to 2009, subject to this Part, sound broadcasting multiplex 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 Authority, which area may consist of the whole or any part of the State, in accordance with contracts to be entered into by the Authority under section 136 (2).

• (5) The Communications Regulator shall consult with the Authority regarding the desirability of it issuing to the Authority under the Acts of 1926 to 2009, subject to the provisions of this Part, 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 Authority, which area may consist of the whole or any part of the State, in accordance with additional contracts to be entered into by the Authority under section 136 (2).

• (6) Nothing in this section shall be read as preventing the Communications Regulator, following consultation with the Minister and with the Authority, from issuing under the Acts of 1926 to 2009, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1), (2), (3) or (4) relate, of programme material and related and other data in a digital form, subject to such conditions as the Authority may consider necessary to impose in a contract entered into under section 71.

134. Amendment of sound broadcasting contracts for listed simulcast services.

134. F192[(1) Where the Commission invites applications for a sound broadcasting multiplex contract under section 136, it may—

• (a) identify as “relevant incumbents” sound broadcasting contractors who, under sound broadcasting contracts have the right and duty to establish, maintain and operate sound broadcasting transmitters in part or all of the coverage area (specified under section 136(3)) to which the contract relates, and

• (b) offer to any relevant incumbents it considers appropriate an amendment to its relevant sound broadcasting contract (“a simulcasting amendment”) for the purpose of ensuring simulcasts of sound broadcasting contract services on sound broadcasting multiplexes.

• (2) In identifying relevant incumbents the Commission may use whatever procedures it considers necessary, including consultation with the Communications Regulator.

• (3) A relevant incumbent shall have 60 days in which to accept in full or reject in full the offer of a simulcasting amendment.]

• (4) F193[…]

• (5) F193[…]

• (6) F193[…]

• (7) A simulcasting amendment may contain such terms and conditions as the Authority thinks appropriate and shall contain the following terms and conditions:

• (a) an increase in the period during which the existing sound broadcasting contract shall continue in force,

• (b) a designation of the sound broadcasting contractor’s sound broadcasting service as a “listed simulcast service” for the purpose of this Part,

• (c) a requirement on the sound broadcasting contractor to provide its sound broadcasting service so that it may be provided as part of a digital sound broadcasting multiplex under this Part, and

• (d) a requirement to enter into any such subsequent agreements with sound broadcasting multiplex contractors which the Authority may specify, including agreements in relation to the payment of appropriate fees in relation to the costs of establishing, maintaining and operating a multiplex to the sound broadcasting multiplex contractor or contractors.

• (8) The increase in the period during which an existing sound broadcasting contract continues in force under subsection (7)(a) shall be not more than 6 years.

• (9) Where a relevant incumbent fails to meet its obligations under subsection (7) (c) or (d), the simulcasting amendment to its sound broadcasting contract will be considered to be null and void.

135. Regulations prescribing fees.

135.— (1) Every multiplex licence shall be issued on payment of such fees (if any) as may be prescribed in regulations by the Communications Regulator, with the consent of the Minister.

• (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)
• (a) Every regulation made under this section shall be laid before each House of the Oireachtas by the Communications Regulator as soon as may be after it is made.

• (b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which a regulation was laid before it in accordance with paragraph (a), annul the regulation.

• (c) The annulment under paragraph (b) of a regulation takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the regulation before the passing of the resolution.

136. Applications for multiplex contracts.

136.— (1) In order to secure the orderly establishment, maintenance and operation of multiplexes the Authority shall from time to time having regard to the availability of radio frequencies for multiplexes, specify the coverage area (which area may consist of F194[the whole] or any part of the State) in which programme material and related and other data shall be broadcast pursuant to a multiplex contract and F194[shall invite] applications for a multiplex contract F195[…].

• F196[(2) Subject to this Part, the Commission may enter into a multiplex contract with a person who makes an application for such a contract in accordance with this section.]

• (3) Where the Contract Awards Committee invites applications for a multiplex contract it shall by public notice specify the coverage area (specified by the Authority under subsection (1)) in which the programme material and related and other data shall be broadcast pursuant to such contract (in this section referred to as “maximum coverage area”) and by such notice shall invite persons interested in establishing and maintaining a multiplex to apply for such contract.

• (4) Every notice under subsection (3) shall—

• (a) be published on a website maintained by the Authority, and where appropriate, in a newspaper circulating in the area to be served,

• (b) specify the procedure to be followed in order to make an application, and

• (c) specify any other matters which appear to the Contract Awards Committee to be necessary or relevant.

• (5) The Contract Awards Committee may, in a notice under subsection (3), specify the minimum coverage area in which the programme material and related and other data shall be broadcast under the contract, which coverage area may be less than that of the maximum coverage area specified in the notice.

• (6) Notwithstanding subsection (3), where a minimum coverage area is specified in a notice under that subsection the coverage area in which the programme material and related and other data shall be broadcast pursuant to any contract entered into on foot of such notice shall be the minimum coverage area so specified, subject to the requirement that every effort is made by the person to whom the contract is awarded to ensure that the programme material and related and other data is broadcast in as much of the maximum coverage area as is practicable.

• (7) Where the F197[Commission invites] applications for sound broadcasting multiplex contracts under subsection (1), the Contract Awards Committee shall, as part of the notice, indicate whether any listed simulcast services shall be contained on the multiplex.

137. Determination of applications for award of multiplex contracts.

137.— (1) The Contract Awards Committee shall, in accordance with this Part, consider every application for a multiplex contract received by it pursuant to a notice under section 136 for the purpose of determining the most suitable applicant, if any, to be awarded a multiplex contract.

• (2) In the consideration of applications received by it and in determining the most suitable applicant to be awarded a multiplex contract, the Contract Awards Committee shall have regard to—

• (a) the character, expertise and experience of the applicant or, if the applicant is a body corporate, the character, expertise and experience of the body and its directors, manager, secretary or other similar officer and its members and the persons entitled to the beneficial ownership of its shares,

• (b) the adequacy of the financial resources that will be available to each applicant and the extent to which the application accords with good business and economic principles,

• (c) the range and type of programme material or compilations of programme material proposed to be included in the multiplex by the applicant and how the applicant proposes to secure continued inclusion of such material,

• (d) in the case of a television multiplex, the proposals by the applicant for promoting the acquisition by persons in the proposed coverage area of equipment capable of—

• (i) receiving, identifying and, subject to the viewer gaining any necessary entitlements for non free-to-air services, decoding and displaying all of the television multiplexes available or expected to be available in that area, including the national television multiplex referred to in section 130 (1) (a), and