Broadcasting (Major Events Television Coverage) Act, 1999

Interpretation.

1.—(1) In this Act—

“broadcaster” has the meaning assigned in the Council Directive;

“Council Directive” means Council Directive No. 89/552/EEC of 3 October 1989(1) as amended by Council Directive No. 97/36/EC of 30 June 1997(2) ;

“EEA Agreement” has the meaning assigned in the European Communities (Amendment) Act, 1993 ;

“event” means an even of interest to the general public in the European Union, a Member State or in the State or in a significant part of the State that is organised by an event organiser who is legally entitled to sell the broadcasting rights to the event;

“free television service” means television broadcasting service for the reception of which no charge is made by the person providing the service;

“Member State” means a member state of the European Communities (within the meaning of the European Communities Act, 1972 ) and includes a state that is a contracting state to the EEA Agreement;

“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands;

“near universal coverage” means—

(a) free television service, reception of which is available to at least 95 per cent of the population of the State, or

(b) if at any time fewer than three broadcasters are able to provide the coverage required under paragraph (a), free television service, reception of which is available to at least 90 per cent of the population of the State;

“qualifying broadcaster” means a broadcaster who is deemed under subsection (2) to be a qualifying broadcaster;

“television broadcasting” has the meaning assigned in the Council Directive.

(2) The following broadcasters are deemed to be qualifying broadcasters:

(a) until the 31st day of December, 2001, a broadcaster who provides free television service coverage of a designated event to which at least 85 per cent of the population of the State have access;

(b) on and after the 1st day of January, 2002, a broadcaster who provides near universal coverage of a designated event.

(3) For the purpose of subsection (2), two or more broadcasters who enter into a contract or arrangement to jointly provide near universal coverage of a designated event shall be deemed to be a single broadcaster with respect to that event.

(4) A broadcaster may request the Minister to resolve any dispute as to the extent of free television service being provided by a broadcaster in the State for the purpose of subsection (2) and the definition of “near universal coverage” in subsection (1).

(5) The Minister may consult with any technical experts or other persons or bodies he or she considers appropriate before resolving a dispute under subsection (4).

(6) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended, and

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(1) O.J. No. L298/23, 17.10.89

(2) O.J. No. L202/60, 20.7.97