Broadcasting Act, 2001

Satellite content contracts.

36.—(1) A person who is under the jurisdiction of the State (within the meaning of the Council Directive) shall not supply a compilation of programme material for the purpose of its being transmitted as a broadcasting service (whether for reception in the State or elsewhere) by means of a satellite device otherwise than under and in accordance with a satellite content contract.

(2) The Commission may enter into a contract with a person whereby that other person may supply a compilation of programme material for the purposes referred to in subsection (1), and such a contract shall, without prejudice to subsection (4), be known as a “provision of content (satellite) contract” and is in this Act referred to as a “satellite content contract”.

(3) A satellite content contract shall include the same kind of conditions as subsections (4) and (5) of section 12 provide that a digital content contract shall include.

(4) The Commission may divide the contracts it may enter into under this section into different classes by reference to the different conditions which, in pursuance of its powers under this Act, it may attach to the contracts and may style each such class of contract by the addition of such distinguishing words as it considers appropriate to the name by which subsection (2) provides a contract under this section shall be known.

(5) The Commission may, before it enters into a satellite content contract with a person, require that person to pay a fee to it of such amount as it considers appropriate; if that person fails to pay that fee to the Commission, the Commission shall not enter into the contract with him or her.

(6) The fee referred to in subsection (5) is in addition to any fee the Commission may charge under section 56 in respect of an application by the person concerned for a satellite content contract.

(7) The amount of any fee paid to the Commission under subsection (5) may be used by it for the purpose of defraying the expenses incurred by it in performing its functions generally.