Broadcasting (Amendment) Act 2007

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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.