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Transmission of broadcasting services by cable or MMD system.
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37.—(1) A holder of a licence granted by the Director, being a licence that authorises the transmission by means of a cable or MMD system of programme material, shall not transmit, by such means, a broadcasting service unless the programme material, the subject of the broadcasting service, is supplied for such transmission—
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(a) by—
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(i) the Authority,
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(ii) Teilifís na Gaeilge,
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(iii) the television programme service contractor,
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(iv) the holder of a digital content contract or satellite content contract and the programme material so supplied by him or her is the compilation of programme material authorised by that contract to be supplied by him or her for transmission otherwise as a broadcasting service, or
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(v) an excepted person,
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or
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(b) pursuant to—
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(i) a local content contract,
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(ii) a community content contract, or
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(iii) a cable-MMD content contract.
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(2) A person, other than a person referred to in subparagraph (i), (ii), (iii) or (v) of subsection (1)(a) but including a holder of the licence concerned, shall not supply a compilation of programme material for the purpose of its being transmitted as a broadcasting service by means of a cable or MMD system, the subject of a licence referred to in subsection (1), unless—
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(a) the material is supplied under and in accordance with a local content contract, a community content contract or a cable-MMD content contract, or
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(b) in case the person is the holder of a digital content contract or satellite content contract, the material is the compilation of programme material authorised by that contract to be supplied by him or her for transmission otherwise as a broadcasting service.
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(3) A holder of a licence referred to in subsection (1) who transmits by the means referred to therein a broadcasting service shall—
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(a) if that service was being transmitted by him or her immediately before the commencement of this section, forthwith, after such commencement, notify, in writing, the Commission of the fact that that service is being transmitted by him or her,
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(b) if the transmission of that service begins on or after the commencement of this section, forthwith, after that transmission begins, notify, in writing, the Commission of the fact that that service is being transmitted by him or her.
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(4) A holder of a licence granted by the Director, being a licence that authorises the re-transmission by means of a cable or MMD system of programme material shall—
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(a) in relation to any broadcasting service that is being re-transmitted by him or her, pursuant to that licence, immediately before the commencement of this section, forthwith, after such commencement, notify, in writing, the Commission of the fact that that service is being re-transmitted by him or her,
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(b) in relation to any broadcasting service the re-transmission of which, pursuant to that licence, by him or her begins on or after the commencement of this section, forthwith, after that re-transmission begins, notify, in writing, the Commission of the fact that that service is being re-transmitted by him or her.
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(5) The holder of a licence referred to in subsection (4), being a licence that authorises the re-transmission of programme material by means of a cable system, shall re-transmit, by those means—
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(a) in case the cable system used by that holder is, in whole or in part, an analogue system, each free-to-air service of an analogue nature provided for the time being by the Authority, Teilifís na Gaeilge and the television programme service contractor and which that body or contractor requests the holder to so re-transmit,
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(b) in case the cable system used by that holder is, in whole or in part, a digital system, each free-to-air service of a digital nature provided for the time being by the Authority, Teilifís na Gaeilge and the television programme service contractor and which that body or contractor requests the holder to so re-transmit.
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(6) The holder of a licence referred to in subsection (4), being a licence that authorises the re-transmission of programme material by the means of a MMD system, shall re-transmit, by those means—
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(a) in case the MMD system used by that holder is, in whole or in part, an analogue system, each free-to-air service of an analogue nature provided for the time being by the television programme service contractor and which that contractor requests the holder to so re-transmit,
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(b) in case the MMD system used by that holder is, in whole or in part, a digital system, each free-to-air service of a digital nature provided for the time being by the television programme service contractor and which that contractor requests the holder to so re-transmit.
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(7) If a dispute arises between the holder of a licence referred to in subsection (4) and the Authority, Telifís na Gaeilge or the television programme service contractor in relation to the placement by the holder, relative to the placement by him or her of another broadcasting service, on the system concerned of a free-to-air service provided by that body or contractor, being a placement made on an analogue cable or MMD system for the purposes of the holder's complying with a request by that body or contractor under subsection (5)(a) or (6)(a), as the case may be, the dispute shall be referred to the Commission for its determination and the determination of the Commission in the matter shall be final.
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(8) The holder of a licence referred to in subsection (4), being a licence that authorises the re-transmission of programme material by the means of a cable system, shall re-transmit, by those means, each national sound broadcasting service provided for the time being by the Authority and each sound broadcasting contractor and which the Authority or the contractor concerned requests the holder to so re-transmit.
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(9) The holder of a licence referred to in subsection (4) shall not impose a charge in relation to the making available to a person of any service referred to in subsection (5), (6) or (8) if he or she imposes a charge on that person in relation to the making available of any other service to that person by means of the cable or MMD system concerned.
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(10) Subject to subsection (11), the Commission may require the holder of a licence referred to in subsection (1) to transmit as a broadcasting service, by means of the cable system or, as the case may be, the MMD system concerned, the whole or part of the programme material supplied under one or more specified community content contracts the holders of which are members of the local community that is served by the said system and who request the first-mentioned holder to so transmit the whole or, as the case may be, a part of that programme material.
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(11) Subsection (10) shall not apply if the system used by the holder of the licence concerned is an analogue MMD system.
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(12) A person of whom a requirement is made by the Commission under subsection (10) shall comply with that requirement.
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(13) The holder of a licence referred to in subsection (1) shall not impose a charge in relation to the making available to a person of any service referred to in subsection (10), pursuant to a requirement made of him or her under that subsection, if he or she imposes a charge on that person in relation to the making available of any other service to that person by means of the cable or MMD system concerned.
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(14) In this section “re-transmission” means simultaneous, unaltered and unabridged transmission.
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