Broadcasting (Amendment) Act 2007

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.