Radio and Television Act, 1988

PART III

Sound Broadcasting Services

Applications for sound broadcasting contracts.

5.—(1) In order to secure the orderly development of sound broadcasting services and, having regard to the availability of radio frequencies for sound broadcasting, to allow for the establishment of a diversity of services in an area catering for a wide range of tastes including those of minority interests, the Commission shall as soon as may be after it has been established and may thereafter from time to time by notice published in at least one national newspaper, invite expressions of interest in the securing of contracts for sound broadcasting services under this Act. Such expressions of interest shall indicate in general terms the type of service that would be provided and shall not be regarded as an application for a sound broadcasting contract.

(2) The Commission shall make a report of its findings under subsection (1) to the Minister who, having considered the report and after consultation with the Commission, shall specify the area (which area may consist of the whole or any part of the State) in relation to which applications for a sound broadcasting contract are to be invited and the Commission shall comply with such direction.

(3) The Minister, having regard to the report furnished by the Commission under subsection (2) and having regard to the availability of radio frequencies for sound broadcasting, may limit the number of areas which he may specify under that subsection.

(4) The Commission shall, subject to the provisions of this Act, invite applications for a sound broadcasting contract for the provision of a sound broadcasting service in each area specified by the Minister under subsection (2) and, subject to the provisions of this Act, may enter into such contracts.

(5) Where the Commission invites applications for a sound broadcasting contract for the provision of a sound broadcasting service it shall by public notice specify the area in relation to which the sound broadcasting service is to be provided pursuant to such contract and by such notice shall invite persons interested in providing such a service to apply for such contract.

(6) Having regard to the findings of the Commission under subsection (1) the Commission may, in considering applications for the award of a sound broadcasting contract, place greater emphasis on one or more of the criteria specified in section 6 (2) of this Act and whenever it is the Commission's intention to so do it shall specify such intention to each person who has indicated his intention of being an applicant for a contract.

(7) Every notice under subsection (5) shall—

(a) be published in at least one national newspaper, and where appropriate, in one local newspaper circulating in the area to be served;

(b) specify the procedure to be followed in order to make an application;

(c) specify any other matters which appear to the Commission to be necessary or relevant.