Radio and Television Act, 1988

Investigation into affairs of sound broadcasting contractor.

13.—(1) The Commission may, for any of the reasons in subsection (2), conduct an investigation into the operational, programming, financial, technical or other affairs of a sound broadcasting contractor and the sound broadcasting contractor concerned shall co-operate in any such investigation.

(2) The Commission may conduct, or appoint any other person to conduct, an investigation under this section—

(a) if it has reasonable grounds for believing that the sound broadcasting contractor is not providing a sound broadcasting service in accordance with the terms of his contract; or

(b) if, because of the manner in which the sound broadcasting service is being operated—

(i) there is interference with the working of any apparatus for wireless telegraphy in respect of which a licence has been granted under this or any other Act and is in force, or with any apparatus for wireless telegraphy which is lawfully maintained and worked without such a licence, or

(ii) any apparatus for wireless telegraphy referred to in subparagraph (i) is thereby injuriously affected.

(3) All expenses reasonably incurred in relation to an investigation under this section conducted by the Commission or by any person appointed under subsection (2) shall be borne by the sound broadcasting contractor concerned.

(4) (a) If the Commission considers it necessary or desirable so to do, it may require a sound broadcasting contractor to carry out a market research survey (such market research survey to be carried out by a person approved of by the Commission).

(b) A market research survey carried out pursuant to paragraph (a) shall be of such scope as appears to the Commission to be reasonable, having regard to the extent and nature of the sound broadcasting service being provided by the sound broadcasting contractor.

(c) A market research survey carried out pursuant to a requirement of the Commission under this subsection shall be a survey of the audience reaction to the broadcasting service provided by the sound broadcasting contractor concerned or any particular aspect thereof.

(d) A sound broadcasting contractor shall furnish the Commission with the results of any market research survey carried out in compliance with a requirement of the Commission under this subsection.