S.I. No. 262/1998 - European Communities (Use of Standards For The Transmission of Television Signals) Regulations, 1998

S.I. No. 262 of 1998.

EUROPEAN COMMUNITIES (USE OF STANDARDS FOR THE TRANSMISSION OF TELEVISION SIGNALS) REGULATIONS, 1998

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Directive 95/47/EC of the European Parliament and of the Council of 24 October 19951, hereby make the following regulations:

1 Citation

1. These Regulations may be cited as the European Communities (Standards for Transmission of Television Signals) Regulations, 1998.

2 Interpretation

2. (1) In these Regulations—

"the Community" means the European Community;

"the Directive" means Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995, on the use of standards for the transmission of television signals;

"the Director" means the Director of Telecommunications Regulation;

"premises" includes any place, vehicle, vessel, aircraft or hovercraft, any offshore installation, and tent or moveable structure;

"redistribution" in relation to television signals, means the retransmission or relaying of those signals and redistribute shall be construed accordingly;

"recognised European standardisation body" means the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunication Standards Institute (ETSI);

"rent" in relation to any television set or other equipment, means the first supplying to a customer of that set or equipment pursuant to the making of a rental agreement;

"supplier" means a person who places on the market for sale or rent a television set with an integral viewing screen of a visible diagonal greater than 42 cm or which contains an integrated digital decoder or equipment capable of descrambling digital television signals intended for use by a consumer.

(2) A word or expression which is used in these Regulations and which is also used in the Directive shall, except where the context otherwise requires, have in these Regulations the meaning it has in the Directive.

(3) In these Regulations, unless otherwise indicated -

(a) a reference to a Regulation is to a Regulation of these Regulations;

(b) a reference to a paragraph is to a paragraph of the Regulation in which the reference occurs.

3 Television transmission systems

3. (1) Any signals in relation to a television service originating in the State transmitted by a person to viewers in the Community, whether by cable, satellite or terrestrial means shall, if the signals -

(a) are not fully digital, and

(i) are in wide-screen format and 625 lines, use the 16:9 D2 — MAC transmission system, or a 16:9 transmission system which is fully compatible with PAL or SECAM,

or

(ii) are in high definition, use the HD — MAC transmission system, or

(b) are fully digital, use a transmission system which has been standardised by a recognised European standardisation body.

(2) A person who operates a fully digital transmission network open to the public for the distribution of television services must ensure the network is capable of distributing in wide-format service.

(3) A person who redistributes signals on a cable television or other redistribution system, shall redistribute at least in wide-screen format any signal received by him in that format.

(4) In this Regulation -

"a transmission system" in relation to a digital system, means a system comprising the following elements -

(a) the formation of programme signals (source coding of audio signals and video signals and multiplexing of signals), and

(b) adaptation for transmission media (channel coding, modulation and, where appropriate, energy dispersal);

"wide-screen format" means a television programme produced and edited to be displayed in wide-screen 16:9 format;

"wide-screen television service" means a television service consisting of programmes produced and edited to be displayed in wide-screen format.

4 Placing on the market of certain television sets

4. (1) A person who places on the market, for sale or rent, a television set with an integral viewing screen of a visible diagonal greater than 42 cm, shall ensure that the set is fitted with at least one open interface socket (as standardised by a recognised European standardisation body) permitting simple connection of peripherals, especially additional decoders and digital receivers.

(2) This Regulation applies to any television set placed on the market for sale or rent with an integral viewing screen of visible diagonal greater than 42 cm other than such a television set which was placed on the market for sale or rent in the Community before the 23rd day of August, 1996.

5 Placing on the market of descrambling equipment

5. (1) A person who places on the market for sale or rent equipment capable of descrambling digital television signals intended for use by a consumer, shall ensure the equipment possesses the capability—

(a) to allow the descrambling of such signals according to the common European scrambling algorithm as administered by a recognised European standardisation body, and

(b) to display signals that have been transmitted in clear, provided that, in the event that such equipment is rented, the rentee is in compliance with the relevant rental agreement.

(2) This Regulation applies to all consumer equipment capable of descrambling digital television signals which is placed on the market for sale or rent other than such equipment which was first placed on the market for sale or rent in the Community before the 23rd day of August, 1996.

6 Conditional access systems

6. (1) A person who operates on the market any conditional access system, irrespective of the means of transmission, in relation to digital television services broadcast to viewers in the Community, shall ensure that the system has the necessary technical capability for cost-effective transcontrol at redistribution system heads-ends allowing the possibility for full control by operators of redistribution systems at local or regional level of the services using any such conditional access system.

(2) A person who operates conditional access services, irrespective of the means of transmission, and who produces or markets access services to digital television services shall—

(a) offer to all broadcasters, on a fair, reasonable and non-discriminatory basis, technical services enabling the broadcasters' digitally-transmitted services to be received by viewers authorised by means of decoders administered by the service operator, and

(b) keep separate financial accounts regarding his activity as provider of such a service.

(3) A person who operates a digital television service may take advantage of the provisions of paragraph (2) only if the service offered complies with the relevant Community legislation in force.

7 Tariffs for conditional access systems

7. A person who broadcasts, irrespective of the means of transmission, a digital television service involving use of a conditional access service shall publish a list of tariffs for the viewer to pay, taking into account whether associated equipment is supplied or not.

8 Placing on the market of television sets with integrated digital decoders

8. (1) A person who places on the market for sale or rent a television set which contains an integrated digital decoder shall ensure that the set allows for the option of fitting at least one standardised socket permitting connection of conditional access and other elements of a digital television system to the digital decoder.

(2) This Regulation applies to any television set which contains an integrated decoder other than any such television set which was placed on the market for sale or rent in the Community before the 23rd day of August, 1996.

9 Conditions for holders of industrial property rights to conditional access products

9. (1) A holder of industrial property rights to conditional access products and systems shall, when granting a licence to a manufacturer of consumer equipment in respect of those products or systems, have the duty to ensure that this is done on fair, reasonable and non-discriminatory terms.

(2) Without prejudice to the generality of paragraph (1), taking into account technical and commercial factors, a holder of such rights shall have the duty not to subject the granting of licences to conditions prohibiting, deterring or discouraging the inclusion in the same product of—

(a) a common interface allowing connection with several other conditional access systems, or

(b) means specific to another conditional access system, provided that the licensee complies with the relevant and reasonable conditions ensuring, as far as he is concerned, the security of transactions of conditional access system operators.

(3) Each duty referred to in paragraph (1) and (2) is a duty owed to any person who may be affected by a breach of it, and without prejudice to any other cause of action which may arise therefrom —

(a) any breach of such duty which causes that person to sustain loss or damage shall be actionable in tort, and

(b) any condition included in a licence in contravention of the duty referred to in paragraph (2) shall be void.

10 Functions of the Director and the Director of Consumer Affairs

10. (1) It shall be a function of the Director to monitor compliance with Regulations 3, 5, 6, 7 and 9.

(2) It shall be a function of the Director of Consumer Affairs to monitor compliance with Regulations 4 and 8.

(3) Subject to Regulation 11—

(a) the Director, in a case of non-compliance with Regulation 3, 5, 6, 7 or 9, or

(b) the Director of Consumer Affairs, in a case of non-compliance with Regulation 4 or 8,

may require the person concerned to comply with the Regulation and any stipulations contained in the requirement.

(4) A requirement made under this Regulation shall be in writing, state the reasons on which it is based and be addressed to the person concerned, and as soon as possible, be sent or given in any of the following ways -

(a) by delivering it to the person,

(b) by leaving it at the address at which the person carries on business, or

(c) by sending it by prepaid registered post to the address at which the person carries on business.

(5) For the purposes of paragraph (4), a company within the meaning of the Companies Acts, 1963 to 1990, shall be deemed to be carrying on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to be carrying on business at its principal office or place of business.

11 Offences and penalties

11. (1) In this Regulation "appropriate court" means -

(a) in case the estimated value of the system, equipment or television set does not exceed -

(i)£5,000, the District Court, or

(ii)£30,000, the Circuit Court, or

(b) in any case, the High Court.

(2) Where the Director or the Director of Consumer Affairs, as the case may be, is of the opinion that a person has not complied with a requirement made by him or her under Regulation 10(3), he or she may apply to the appropriate court for an order to direct the person to comply with—

(a) the requirement or any stipulation contained therein, or

(b) any modification thereof or any other condition or both made by the court as may be contained in the order.

(3) If, in relation to an application under this Regulation to the District Court, the judge of that court becomes of the opinion during the hearing of the application that the value of the system, equipment or television set the subject of the application, exceeds£5,000, the judge may, if he or she so thinks fit, transfer the application to the Circuit Court or the High Court, whichever he or she considers appropriate having regard to his or her opinion of the value of the system, equipment or television set.

(4) If, in relation to an application under this Regulation to the Circuit Court, the judge of that court becomes of the opinion during the hearing of the application that the value of the system, equipment or television set the subject of the application, exceeds£30,000, the judge may, if he or she so thinks fit, transfer the application to the High Court.

(5) Paragraphs (4) and (5) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this Regulation in relation to which it was, at the time of the hearing of the application, the appropriate court.

(6) An application under this Regulation to the District Court shall be determined by the judge of the District Court for the district court district in which the equipment or television set concerned was placed on the market or the equipment or system is situated or the defendant carries on business.

(7) An application under this Regulation to the Circuit Court shall be determined by the judge of the Circuit Court for the circuit in which the equipment or television set concerned was placed on the market or the equipment or system is situated or the defendant carries on business.

(8) For the purposes of this Regulation, a company within the meaning of the Companies Acts, 1963 to 1990, shall be deemed to be carrying on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to be carrying on business at its principal office or place of business.

12 Dispute resolution

12. (1) Without prejudice to any other right of action, a person having any unresolved dispute with another party concerning the application of—

(a) Regulation 5, 6, 7, or 9, shall have access to the Director, or

(b) Regulation 8, shall have access to the Director of Consumer Affairs,for the resolution of the dispute in a fair, timely and transparent manner.

(2) The Director or, as the case may be, the Director of Consumer Affairs shall determine the procedures in the case of any dispute referred to him or her under this Regulation.

(3) Dispute procedures under paragraph (2) shall provide for the appointment by the Director or the Director of Consumer Affairs, as the case may be,

(a) of a person independent of the parties to the dispute nominated by him or her, or

(b) in default of agreement between the parties, either of himself or herself or another person nominated by him or her according to the procedures determined by him or her,to act as a conciliator ("a conciliator") to assist the parties to resolve their dispute in accordance with those procedures.

(4) The findings (other than on a point of law) of a conciliator shall be binding on the parties and shall have effect as a contract between the parties.

(5) The costs or expenses of resolving or endeavouring to resolve any such dispute, shall, in principle, be inexpensive and shall be met by the parties in equal shares except where it appears to the conciliator that, having regard to the conduct and means of the parties and any other relevant circumstances it would be appropriate to share the costs or expenses in some other manner, he or she shall set out in his or her findings as to the apportionment of costs and expenses and the reasons therefor.

13 Appointment and powers of authorised officers

13. (1) The Director may appoint persons to be authorised officers for the purpose of Regulation 3, 5, 6, 7, 9, or 10(3)(a).

(2) The Director of Consumer Affairs may appoint persons to be authorised officers for the purposes of Regulation 4, 8 or 10(3)(b).

(3) An appointment under this Regulation as an authorised officer shall cease -

(a) in the case of an appointment made by the Director, where the Director revokes the appointment,

(b) in the case of an appointment made by the Director of Consumer Affairs, where he or she revokes the appointment, or

(c) where the person appointed is an officer of the Director or the Director of Consumer Affairs, upon his or her ceasing to be such officer.

(4) A person appointed under this Regulation shall, on his or her appointment, be furnished by the Director or, as the case may be, the Director of Consumer Affairs with a warrant of his or her appointment and when exercising a power conferred on him or her by this Regulation shall, if requested by any person thereby affected, produce such warrant to that person for inspection.

(5) For the purposes of obtaining any information necessary for the exercise by the Director or the Director of Consumer Affairs of his or her functions under these Regulations, an authorised officer may—

(a) enter at all reasonable times the premises of a broadcaster of a digital television service, a redistributor of television signals or an operator of a conditional access system or service or a supplier for the purpose of exercising any powers conferred on him or her by this Regulation,

(b) require the broadcaster of a digital television service or, a redistributor of television signals or an operator of a conditional access system or service or a supplier or any person employed by the broadcaster, redistributor or operator of conditional access systems or services or supplier to produce to him or her any books, documents or records, and in the case of such information in a non-legible form to reproduce it in permanent legible form, relating to the provision of such service, system or redistribution or the business of the supplier which are in such provider's power or control and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,

(c) inspect or take extracts from any such books, documents and records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),

(d) require the broadcaster of a digital television service or, a redistributor of television signals or an operator of a conditional access system or service or a supplier or any person employed by such to give to the authorised officer any information which the authorised officer may reasonably require with regard to the provision of such service, system or redistribution or the business of the supplier,

(e) make such inspections, tests and measurements of the system, apparatus and other equipment on the premises as he or she considers appropriate,

(f) secure for later inspection the premises or any part thereof.

(6) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (8) authorising such entry.

(7) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer by this Regulation which involves the breaking open of any premises or any other action in which the use of force may be necessary and is lawful.

(8) If a judge of the District Court is satisfied, on the sworn information of an authorised officer, that there are reasonable grounds for suspecting that there is information required by an authorised officer or any apparatus or other equipment required by him or her for inspection or tests, under this Regulation held in any premises or part thereof, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers or by a member or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter those premises or part thereof, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.

(9) A person who without reasonable excuse fails to comply with any request or requirement made by an authorised officer under this Regulation shall be guilty of an offence.

(10) A person who obstructs or interferes with an authorised officer in the exercise of his or her powers under this Regulation or gives an authorised officer information which is false or misleading shall be guilty of an offence.

(11) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding£1,500.

(12) Proceedings in relation to an offence under this Regulation may be brought and prosecuted by the Director or the Director of Consumer Affairs, as may be appropriate.

GIVEN under my Official Seal, this 27th day of July, 1998

Mary O'Rourke, T.D.,

Minister for Public Enterprise.

EXPLANATORY NOTE

The purpose of these Regulations is to give legal effect to Directive 95/47/EC of the European Parliament and of the Council of 21 October, 1998, on the use of standards for the transmission of television signals.

The Directive establishes standards for the transmission of various formats of television services; ensures that television sets which have a screen size of above 42cm diagonal are capable of connecting to peripherals including decoders and digital receivers; and lays down a number of conditions which must be complied with in relation to conditional access to digital television services.