Broadcasting Act, 2001
|
Arranging by multiplex company for transmission of digital broadcasting services by transmission company. |
14.—(1) The multiplex company— | |
(a) shall, if requested to do so by the body or contractor concerned, enter into arrangements with the transmission company for the transmission by that company of free-to-air services, comprising compilations of programme material and related and other data in a digital form, supplied by the Authority, Teilifís na Gaeilge or the television programme service contractor to the multiplex company, being programme material and related and other data that has been combined in such form by the use of the multiplex or part of the multiplex referred to in section 9 (3), | ||
(b) may enter into arrangements with the transmission company for the transmission by that company of broadcasting services (including free-to-air services) comprising compilations of programme material and related and other data in a digital form supplied, in accordance with the provisions of this Act, to the multiplex company by any person (including a person referred to in paragraph (a)), | ||
(c) may enter into arrangements with any person whereby the company supplies electronic information services in a digital form for transmission by the transmission company in accordance with the requirements (if any) imposed by any enactment relating to the provision of the services concerned which is for the time being in force. | ||
(2) The multiplex company, on being notified by the Commission that the Commission has terminated a digital content contract or a television programme service contract, as the case may be, or that such a contract has expired and has not been renewed, shall forth-with discontinue any arrangements it has entered into under subsection (1) in so far as they relate to the transmission of a broadcasting service comprising programme material supplied pursuant to that contract. | ||
(3) The multiplex company shall take all reasonable steps to ensure that the number of arrangements for the time being entered into by it under subsection (1) and the terms of those arrangements (including as to the periods for which the arrangements are to be in force) are not such as to result in there not being sufficient capacity available on one or more of the multiplexes referred to in subsection (2) of section 9 for the purpose of the company's being able to comply with a request referred to in subsection (6) of that section. | ||
(4) The multiplex company may impose charges on a person— | ||
(a) in respect of the entering into by it of arrangements under subsection (1) at the request of or, as the case may be, with that person, | ||
(b) in respect of the reception by the person of a broadcasting service (other than a free-to-air service provided pursuant to an arrangement entered into under subsection (1)(a)) comprising programme material supplied by the multiplex company to the transmission company, and | ||
(c) in respect of the provision by it to the person of any apparatus or device enabling the reception by the person of broadcasting services (including free-to-air services) in a digital form. | ||
(5) For the avoidance of doubt, the reference in subsection (4) to arrangements entered into under subsection (1) includes a reference to arrangements entered into under that subsection in respect of programme material supplied to the multiplex company by a person providing a broadcasting service in Northern Ireland to whom a direction given by the Minister under section 9 (7) relates and references in subsection (4) to a broadcasting service shall be construed accordingly. |