Broadcasting (Amendment) Act 2007

• Permanent Page URL

Terms and conditions of multiplex contracts.

10.— (1) Every multiplex contract may contain such terms and conditions as the Commission considers appropriate and specifies in the contract.

(2) Without prejudice to the generality of subsection (1), the Commission may specify in a multiplex contract all or any of the following terms or conditions:

(a) the period during which the contract shall continue in force;

(b) whether the contract may be renewed and, if so, the manner in which, the terms on which, and the period for which, the contract may be so renewed;

(c) a condition prohibiting the assignment of the contract or of any interest therein without the prior consent or approval of the Commission;

(d) if the multiplex contractor be a company, a condition prohibiting any alteration in the Memorandum or Articles of Association of the company or in so much of that Memorandum or of those Articles as may be specified or prohibiting any material change in the ownership of the company without the prior approval of the Commission;

(e) a condition requiring the multiplex contractor to provide the range and type of programmes which he proposed to offer in his application for the award of the contract;

(f) a condition requiring the multiplex contractor to implement any proposals made in his application for the coverage area of the multiplexes;

(g) following consultation with the Commission for Communications Regulation, a condition requiring the multiplex contractor to implement the proposals made in his application for the award of the contract for promoting the acquisition, by persons in the proposed coverage area of the multiplex, of equipment capable of receiving all of the multiplexes available in that area;

(h) any condition which the Commission considers appropriate having regard to its duty under section 4 (5);

(i) following consultation with the Commission for Communications Regulation, any condition requiring the multiplex contractor to comply with any technical condition as the Commission for Communications Regulation may require in the exercise of its functions.

(3) If a multiplex contract does not contain a condition of the type specified in paragraph (c) or (d) of subsection (2), the following provisions shall have effect:

(a) a multiplex contract, or any interest in a multiplex contract, shall not be assignable, nor shall any alteration be made in the Memorandum or Articles of Association of any company which is a multiplex contractor, nor shall there be any material change in the ownership of such a company, without the previous consent in writing of the Commission, and the Commission may, if it considers it reasonable so to do, refuse such consent stating the grounds for such refusal;

(b) in considering whether to grant its consent to an assignment of a multiplex contract, a change in the Memorandum or Articles of Association of a company which is a multiplex contractor, or a material change in the ownership of such a company, the Commission shall have regard to the criteria specified in section 9 (2).

(4) Every multiplex contract shall—

(a) provide that the Commission may, at its discretion and on stated grounds, suspend, reduce the term of or terminate the contract—

(i) if any false or misleading information was given to the Commission by or on behalf of the multiplex contractor prior to the making of the contract,

(ii) if the multiplex contractor has, in the opinion of the Commission, committed serious or repeated breaches of his obligations under the multiplex contract or under this Act,

(b) provide that a multiplex contractor shall pay to the Commission the fees (if any) specified therein, including any fees payable by the Commission to the Commission for Communications Regulation under section 7 and any regulations made thereunder, and

(c) provide that the multiplex contractor shall provide such information (including copies of his accounts) as the Commission may consider it requires in order to enable it carry out its functions under this Act.

(5) Every multiplex contract shall be open to inspection by members of the public at the Commission’s registered office and the Commission shall, on request made by any person and on payment of such sum (if any) as the Commission may reasonably require, furnish to that person a copy of that contract.