Radio and Television Act, 1988

Variation of licence for sound broadcasting transmitter.

7.—(1) The Minister may, if it seems necessary to him so to do for any of the reasons specified in subsection (2), vary any term or condition of a licence issued pursuant to section 4 (3).

(2) The Minister may vary any term or condition of a licence issued pursuant to section 4 (3)

(a) if it appears to him to be necessary so to do in the interest of good radio frequency management;

(b) for the purpose of giving effect to any international agreement to which the State is a party and which has been ratified by the State and which relates to sound broadcasting;

(c) if it appears to him to be in the public interest so to do;

(d) if it appears to him to be necessary for the safety or security of persons or property so to do;

(e) on request from the Commission after consultation with any affected sound broadcasting contractor;

(f) on request from the Commission on behalf of a sound broadcasting contractor.

(3) (a) If the Minister, for any reason specified in paragraph (a), (b) or (c) of subsection (2) proposes to vary, pursuant to this section, any term or condition of a licence issued pursuant to section 4 (3), he shall, by notice in writing, inform the Commission of his intention and of the reasons therefor and the Commission shall, within 7 days of receiving that notification, give notice to the sound broadcasting contractor accordingly.

(b) The sound broadcasting contractor shall have the right to make representations in writing to the Commission in respect of the Minister's intentions, within 21 days after the service of the notice by the Commission.

(c) The Commission shall transmit any such representations to the Minister within a further 7 days and the Minister, having considered the representations, may make such decision thereon as seems to him to be appropriate.

(4) (a) If, having considered the representations (if any) which have been notified to him by the Commission by or on behalf of a sound broadcasting contractor, the Minister decides to vary any term or condition of a licence, he shall, by notice in writing, inform the Commission of his decision.

(b) The Commission shall, within 7 days of receipt of the Minister's decision by notice in writing inform the sound broadcasting contractor of that decision.

(c) On and from the day following service on the contractor of notice of the Minister's decision the licence shall have effect subject to the variation thereof by that decision.

(5) A notice under subsection (3) or (4) may be served on the Commission and by the Commission on a sound broadcasting contractor, by leaving it at, or sending it by prepaid post to, the Commission's address and the sound broadcasting contractor's last known address respectively or if, in the latter case, the sound broadcasting contractor is a company, by leaving it at, or sending it by prepaid post to, the registered office of the company.