Broadcasting Act 2009

Criteria for determining reasonable market rates.

170.— In determining that which constitutes reasonable market rates or terms for the purposes of this Act, the High Court or an arbitrator shall have regard to, inter alia

(a) previous fees (if any) for the event or similar events,

(b) time of day for live coverage of the event,

(c) the period for which rights are offered,

(d) the revenue potential associated with the live or deferred coverage of the event,

(e) the purposes of Article 3j of the Council Directive and the rights conferred on Member States of the European Communities to regulate the exercise of broadcasting rights, and

(f) such other matters as may appear to be relevant.