Broadcasting (Amendment) Act 2007

• Permanent Page URL

Analogue switch-off.

11.— (1) For the purpose of considering for how long it would be appropriate for television broadcasting services to continue to be provided by analogue means, the Minister—

(a) shall keep under review the extent of—

(i) the availability of multiplexes in the State,

(ii) the availability in the State by digital means of the services specified in subsection (2),

(iii) the ownership or possession in the State of equipment capable of receiving the services specified in subsection (2) when transmitted by digital means,

(iv) the likely future extent of such availability and such ownership or possession,

and

(b) shall, at such time or times as he considers fit and, in any case, on or before the second anniversary of the day on which the first multiplex contract is awarded under this Act, require the Commission and the Authority to report to him on the matters referred to in paragraph (a).

(2) The services specified for the purposes of subsection (1)(a)(ii) are—

(a) the national television broadcasting service commonly known as RTÉ One and RTÉ Two established and maintained by the Authority,

(b) the national television broadcasting service established and maintained by Teilifís na Gaeilge under section 45(1) of the Act of 2001, and

(c) the television programme service provided under the television programme service contract by the television programme service contractor.

(3) If the Commission or the Authority is required to submit a report under subsection (1)(b), they shall submit the report within six months of the date of the requirement.

(4) Before making any report under subsection (1)(b), the Commission shall consult with—

(a) the holders of all television multiplex contracts,

(b) the holders of all digital content contracts,

(c) the television programme service contractor,

(d) the Commission for Communications Regulation, and

(e) such other persons as the Commission considers fit,

and the Commission shall include in their report a summary of any representations made to them by the persons consulted.

(5) For the purpose mentioned in subsection (1), the Minister shall, on requiring reports under subsection (1)(b), consult with—

(a) such persons as appear to the Minister to represent viewers as the Minister considers fit, and

(b) such other persons as the Minister considers fit,

regarding the matters referred to in subsection (1)(a) and also, if the Minister considers fit, regarding the likely effects on viewers of any of the services referred to in subsection (2) ceasing to be broadcast by analogue means.

(6) The Minister may, at any stage or following consideration of a report under subsection (1)(b), issue a policy direction under section 13 of the Communications Regulation Act 2002 regarding the date or dates after which the Commission for Communications Regulation may no longer grant licences under section 16(3) of the Act of 1960 or section 4(3) of the Act of 1988 in respect of the provision of any of the services referred to in subsection (2) by analogue means.

(7) The Commission for Communications Regulation may under section 7(1) of the Act of 1988 vary a term or condition of a licence issued under section 4(3) of that Act to ensure that—

(a) any contract for the provision by analogue means of a service referred to in subsection (2)(c) that is renewed by the Commission shall contain a condition that after a date specified in the contract the service may no longer be provided by analogue means, and

(b) any new contract entered into by the Commission for the provision of such a service by analogue means shall contain such a condition or, if no such date has been decided upon, a condition that the service may no longer be provided by analogue means after a date to be announced by the Minister in due course.

(8) The Authority shall endeavour to ensure that all viewers of services referred to in paragraphs (a) and (b) of subsection (2) provided by analogue means are made aware, in general terms, of the digital switchover date or dates, the reasons for it or them, the consequences, and practical information on how such viewers can receive such services by digital means after that date or those dates.

(9) For the purpose of subsection (8), “digital switchover date or dates ” means the date or dates after which the Commission for Communications Regulation may no longer grant any licences specified in subsection (6).

(10) The Authority shall on or before the second, fourth and sixth anniversaries of the date of commencement of this section report to the Minister on the progress made by the Authority in the broadcasting of programme material and related and other data in a digital form by means of the national multiplexes established, maintained and operated by the Authority under subsection (1) of section 16 of the Act of 1960.

(11) The Minister shall cause copies of each report made to him or her under subsections (1) and (10) to be laid before each House of the Oireachtas.