Number 15 of 2007

BROADCASTING (AMENDMENT) ACT 2007

ARRANGEMENT OF SECTIONS

Section

1. Short title, collective citation, construction and commencement.

2. Interpretation.

3. Additional functions of Authority.

4. Additional functions of Commission.

5. Duty of Commission for Communications Regulation in respect of digital terrestrial television multiplexes.

6. Duty of Commission for Communications Regulation in respect of digital terrestrial sound broadcasting multiplexes.

7. Regulations prescribing fees.

8. Applications for multiplex contracts.

9. Determination of applications for award of multiplex contracts.

10. Terms and conditions of multiplex contracts.

11. Analogue switch-off.

12. Amendments to section 12 of Act of 2001.

13. Amendments to section 16 of Act of 2001.

14. Amendments to section 28 of Act of 2001.

15. Amendment to section 32 of Act of 2001.

16. Amendments to section 45 of Act of 2001.

17. Repeals.

18. Expenses.

SCHEDULE

Enactments Repealed

Acts Referred to

Number 15 of 2007

BROADCASTING (AMENDMENT) ACT 2007

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO BROADCASTING, FOR THAT PURPOSE TO MAKE FURTHER PROVISION IN RELATION TO THE SUPPLY OF PROGRAMME MATERIAL FOR THE PURPOSE OF ITS BEING TRANSMITTED AND THE TRANSMISSION OF SUCH MATERIAL AND RELATED AND OTHER DATA BY DIGITAL MEANS, IN RELATION TO THE COMBINATION OF SUCH PROGRAMME MATERIAL, IN RELATION TO THE BROADCASTING OF CERTAIN SERVICES TO IRISH COMMUNITIES OUTSIDE THE ISLAND OF IRELAND, IN RELATION TO THE DISCONTINUANCE OF CERTAIN BROADCASTING SERVICES TRANSMITTED BY ANALOGUE MEANS, TO CONFER ADDITIONAL FUNCTIONS ON THE COMMISSION FOR COMMUNICATIONS REGULATION, RADIO TELEFÍS ÉIREANN, THE BROADCASTING COMMISSION OF IRELAND AND TEILIFÍS NA GAEILGE, TO CONFER A POWER SUBJECT TO LICENCE ON TEILIFÍS NA GAEILGE, TO AMEND THE BROADCASTING AUTHORITY ACTS 1960 TO 2001 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[10th April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Short title, collective citation, construction and commencement.

1.— (1) This Act may be cited as the Broadcasting (Amendment) Act 2007.

(2) The Broadcasting Authority Acts 1960 to 2001 and this Act may be cited together as the Broadcasting Authority Acts 1960 to 2007.

(3) The Broadcasting Authority Acts 1960 to 2001, and this Act (in so far as it amends or extends those Acts) shall be construed together as one.

(4) This Act shall come into operation on such day or days as the Minister may, by order or orders either generally or with reference to any particular purpose or provision, appoint and different days may be so appointed for different purposes or different provisions.

Interpretation.

2.— In this Act—

“ the Act of 1960 ” means the Broadcasting Authority Act 1960 ;

“ the Act of 1988 ” means the Radio and Television Act 1988 ;

“ the Act of 1990 ” means the Broadcasting Act 1990 ;

“ the Act of 2001 ” means the Broadcasting Act 2001 ;

“ the Authority ” means Radio Telefís Éireann;

“ the Commission ” means the body established by section 3 (as adapted by section 10 of the Act of 2001) of the Act of 1988;

“ digital content contract ” has the meaning assigned to it by section 12 of the Act of 2001;

“ the Minister ” means the Minister for Communications, Marine and Natural Resources;

“ multiplex ” means an electronic system which combines programme material and related and other data in a digital form and the transmission of that material and data so combined by means of wireless telegraphy directly or indirectly for reception by the general public;

“programme material” means audio-visual material or audio material and includes advertisements and material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services;

“sound broadcasting multiplex” means a multiplex in which the programme material is predominantly sound;

“ Teilifís na Gaeilge ” means the body established by section 44 of the Act of 2001;

“television multiplex” means a multiplex in which the programme material is predominantly television;

“ television programme service contract” and “television programme service contractor” have the same meaning as they have in section 4(2)(b) of the Act of 1988.

Additional functions of Authority.

3.— (1) Section 16 of the Act of 1960 is hereby amended—

(a) by substituting the following for subsection (1):

“(1) The Authority shall establish and maintain a national television and sound broadcasting service and shall establish, maintain and operate one or more national multiplexes and may establish and maintain broadcasting services of a local, community or regional character and shall have all such powers as are necessary for or incidental to those purposes.”,

(b) by inserting the following subsections after subsection (1):

“(1A) The Authority shall establish and maintain a television broadcasting service and a sound broadcasting service, which services shall be made available, in so far as the Authority considers reasonably practicable, to Irish communities outside the island of Ireland and the Authority shall have all such powers as are necessary for or incidental to those purposes.

(1B) The television broadcasting service and the sound broadcasting service established and maintained pursuant to subsection (1A) shall have the character of a public service.

(1C) The Authority shall endeavour to ensure that the programme schedules of the television broadcasting service and the sound broadcasting service established and maintained pursuant to subsection (1A) are, in so far as it is reasonably practicable, representative of the programme schedules of the national television broadcasting and sound broadcasting services referred to in subsection (1) of this section and subsection (1) of section 45 of the Act of 2001.

(1D) For the purposes of subsection (1C), Teilifís na Gaeilge shall provide to the Authority, in such amounts and at such times as may be agreed between them, programme material representative of the programme schedules of the national television broadcasting service referred to in subsection (1) of section 45 of the Act of 2001.”,

and

(c) in subsection (3) thereof by the insertion after “The” of “function conferred on the Authority by virtue of subsection (1) of this section to establish, maintain and operate one or more national multiplexes and the”.

(2) (a) A national television multiplex established, maintained and operated by the Authority under section 16(1) of the Act of 1960 shall provide for the broadcasting by digital means of—

(i) the national television broadcasting service commonly known as RTÉ One and RTÉ Two,

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

(b) The national television multiplex referred to in paragraph (a) shall be established as a matter of priority and shall, in due course, ensure the availability by free-to-air digital means of the national television broadcasting service referred to in paragraph (a)(i) to an extent similar to that such as is currently available by free-to-air analogue means.

(c) Nothing in this subsection shall preclude the Authority from making provision in a multiplex established, maintained and operated by the Authority under section 16(1) of the Act of 1960 for the broadcasting by digital means of programme material and related and other data other than that broadcast as part of a service specified in paragraph (a).

(3) Teilifís na Gaeilge shall make to the Authority such periodic or other payments in respect of any service provided by the Authority for the purposes of subsection (2)(a)(ii) as the Minister, after consultation with the Commission for Communications Regulation, the Authority and Teilifís na Gaeilge, may direct.

(4) In the event that Teilifís na Gaeilge does not consider the digital capacity employed by the Authority for the purposes of subsection (2)(a)(ii) to be adequate, the Minister may, at the request of Teilifís na Gaeilge, direct the Authority to employ a specific amount of digital capacity.

(5) The Minister shall, at the request of the Commission and after consultation with the Authority require the Authority to make provision in a multiplex established, maintained and operated by the Authority under section 16(1) of the Act of 1960 for the broadcasting by digital means of the television programme service provided under the television programme service contract by the television programme service contractor.

(6) If the Minister makes a requirement of the Authority under subsection (5), the television programme service contractor shall make to the Authority such periodic or other payments in respect of any service provided by the Authority in meeting that requirement as the Minister, after consultation with the Commission for Communications Regulation, the Authority and the television programme service contractor, may direct.

(7) If the Minister makes a requirement of the Authority under subsection (5) and the television programme service contractor does not consider the digital capacity employed by the Authority in respect of any service provided by the Authority in meeting that requirement to be adequate, the Minister may, at the request of the television programme service contractor and after consultation with the Commission, direct the Authority to employ a specific amount of digital capacity.

Additional functions of Commission.

4.— (1) It shall be the function of the Commission to arrange, in accordance with this Act, for the establishment, maintenance and operation of multiplexes, including national multiplexes, in addition to any multiplexes established, maintained and operated by the Authority under section 16(1) of the Act of 1960.

(2) For the purpose of subsection (1) the Commission shall, with persons (in this Act referred to as “multiplex contractors”), enter into contracts (in this Act referred to as “multiplex contracts”) under which the multiplex contractors have, subject to the provisions of this Act, the right and duty to establish, maintain and operate a multiplex in the area specified in the multiplex contract.

(3) It shall be a duty of the Commission to ensure that every multiplex contractor complies with the provisions of this Act.

(4) It shall be a duty of the Commission to endeavour to arrange, as a matter of priority, for the establishment, maintenance and operation of three national television multiplexes, which multiplexes, in so far as it is reasonably practicable, shall be capable of being transmitted by digital terrestrial means to the whole community in the State.

(5) It shall be a duty of the Commission to endeavour to arrange for the broadcasting of any television broadcasting service in Northern Ireland that is notified to the Commission by the Minister, being a service that is receivable throughout the whole of Northern Ireland and is provided by terrestrial means, by digital means under a multiplex contract.

(6) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act including, in particular, the power to consult with the Commission for Communications Regulation as it sees fit.

Duty of Commission for Communications Regulation in respect of digital terrestrial television multiplexes.

5.— (1) It shall be a duty of the Commission for Communications Regulation, at the request of the Authority, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of a single television multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(2) It shall be a duty of the Commission for Communications Regulation, exercisable only at the request of the Authority and after consultation with the Minister and with the Commission regarding the digital capacity requirements of Teilifís na Gaeilge and the television programme service contractor, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of one further television multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(3) It shall be a duty of the Commission for Communications Regulation, at the request of the Commission, to issue to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, licences in respect of the establishment, maintenance and operation of four television multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with contracts to be entered into by the Commission under subsection (2) of section 4 .

(4) The Commission for Communications Regulation shall consult with the Commission regarding the desirability of it issuing to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, further licences in respect of the establishment, maintenance and operation of additional television multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with additional contracts to be entered into by the Commission under subsection (2) of section 4 .

(5) Nothing in this section shall be construed as preventing the Commission for Communications Regulation, following consultation with the Minister and with the Commission, from issuing under the Wireless Telegraphy Acts 1926 to 1988, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1), (2) and (3) relate of programme material and related and other data in a digital form, subject to such conditions as the Commission may consider necessary to impose in a contract entered into under section 12 of the Act of 2001.

(6) During the continuance of any emergency declared under section 10 of the Wireless Telegraphy Act 1926 , the Minister may suspend any licence issued under this section and, while any such suspension continues, the Minister may operate any service which was provided under the suspended licence or require such service to be operated as he directs.

Duty of Commission for Communications Regulation in respect of digital terrestrial sound broadcasting multiplexes.

6.— (1) It shall be a duty of the Commission for Communications Regulation, at the request of the Authority, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of a single sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(2) It shall be a duty of the Commission for Communications Regulation, exercisable only at the request of the Authority and after consultation with the Minister and the Commission, to issue to the Authority under section 16(3)(a) of the Act of 1960 a licence in respect of the establishment, maintenance and operation of one further sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(3) It shall be a duty of the Commission for Communications Regulation, at the request of the Commission, to issue to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, licences in respect of the establishment, maintenance and operation of one sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with contracts to be entered into by the Commission under subsection (2) of section 4 .

(4) It shall be a duty of the Commission for Communications Regulation, at the request of the Commission, to issue to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, licences in respect of the establishment, maintenance and operation of one or more sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in an area of the State specified by the Commission, which area may consist of the whole or any part of the State, in accordance with contracts to be entered into by the Commission under subsection (2) of section 4 .

(5) The Commission for Communications Regulation shall consult with the Commission regarding the desirability of it issuing to the Commission under the Wireless Telegraphy Acts 1926 to 1988, subject to the provisions of this Act, further licences in respect of the establishment, maintenance and operation of additional sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in an area of the State specified by the Commission, which area may consist of the whole or any part of the State, in accordance with additional contracts to be entered into by the Commission under subsection (2) of section 4 .

(6) Nothing in this section shall be construed as preventing the Commission for Communications Regulation, following consultation with the Minister and with the Commission, from issuing under the Wireless Telegraphy Acts 1926 to 1988, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1), (2), (3) and (4 relate of programme material and related and other data in a digital form, subject to such conditions as the Commission may consider necessary to impose in a contract entered into under section 12 of the Act of 2001.

(7) During the continuance of any emergency declared under section 10 of the Wireless Telegraphy Act 1926 , the Minister may suspend any licence issued under this section and, while any such suspension continues, the Minister may operate any service which was provided under the suspended licence or require such service to be operated as he directs.

Regulations prescribing fees.

7.— (1) Every licence under the Act of 1960, the Act of 1988, the Act of 1990 and this Act shall be issued on payment of such fees as may be prescribed by the Commission for Communications Regulation, with the consent of the Minister, in regulations made under this section.

(2) Regulations made under this section may prescribe in relation to all such licences or any particular class or classes of such licences—

(a) the fees to be paid on the grant or renewal of such licences, and

(b) the time and manner at and in which such fees are to be paid.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty one days on which either such House has sat next after the regulation was laid before such Houses, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Applications for multiplex contracts.

8.— (1) In order to secure the orderly establishment, maintenance and operation of multiplexes and subject to subsection (2), the Commission shall as soon as may be after this section has come into force and may thereafter, from time to time having regard to the availability of radio frequencies for multiplexes, invite applications for multiplex contracts and, subject to the provisions of this Act, may enter into such contracts.

(2) Without prejudice to subsection(1), the Commission shall within six months after this section has come into force endeavour to invite applications for multiplex contracts in respect of the three national television multiplexes referred to in section 4 (4).

(3) Where the Commission invites applications for a multiplex contract it shall by public notice specify the coverage area (which area may consist of the whole or any part of the State) in which the programme material and related and other data shall be broadcast pursuant to such contract (in this section referred to as “the maximum coverage area”) and by such notice shall invite persons interested in establishing and maintaining a multiplex to apply for such contract.

(4) Every notice under subsection (3) shall—

(a) be published in at least one national newspaper,

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

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

(5) The Commission may, in a notice under subsection (3), specify the minimum coverage area in which the programme material and related and other data shall be broadcast under the contract, which coverage area may be less than that of the maximum coverage area specified in the notice.

(6) Notwithstanding subsection (3), where a minimum coverage area is specified in a notice under that subsection the coverage area in which the programme material and related and other data shall be broadcast pursuant to any contract entered into on foot of such notice shall be the minimum coverage area so specified, subject to the requirement that every effort is made by the person to whom the contract is awarded to ensure that the programme material and related and other data is broadcast in as much of the maximum coverage area as is practicable.

Determination of applications for award of multiplex contracts.

9.— (1) The Commission shall, in accordance with the provisions of this Act consider every application for a multiplex contract received by it pursuant to a notice under section 8 for the purpose of determining the most suitable applicant, if any, to be awarded a multiplex contract.

(2) In the consideration of applications received by it and in determining the most suitable applicant to be awarded a multiplex contract, the Commission shall have regard to—

(a) the character of the applicant or, if the applicant is a body corporate, the character of the body and its directors, manager, secretary or other similar officer and its members and the persons entitled to the beneficial ownership of its shares,

(b) the adequacy of the expertise and experience and of the financial resources that will be available to each applicant and the extent to which the application accords with good economic principles,

(c) the range and type of programme material or compilations of programme material proposed to be included in the multiplex by the applicant and how the applicant proposes to secure continued inclusion of such material,

(d) in the case of a television multiplex, the proposals by the applicant for promoting the acquisition by persons in the proposed coverage area of equipment capable of—

(i) receiving all of the television multiplexes available or expected to be available in that area, including the national multiplex referred to in section 3 (2)(a), and

(ii) enabling such persons to keep themselves informed of the choice of programme material included in those multiplexes,

(e) in the event that the Commission has specified a minimum coverage area pursuant to section 8 (5), the extent of the coverage area proposed to be achieved by the applicant,

(f) the technical proposal, including a timetable for implementation, regarding the establishment, maintenance and operation of the proposed multiplex,

(g) the duty imposed on the Commission under section 4 (5), and

(h) any other matters which the Commission considers to be necessary to secure the orderly establishment, maintenance and operation of multiplexes.

Terms and conditions of multiplex contracts.

10.— (1) Every multiplex contract may contain such terms and conditions as the Commission considers appropriate and specifies in the contract.

(2) Without prejudice to the generality of subsection (1), the Commission may specify in a multiplex contract all or any of the following terms or conditions:

(a) the period during which the contract shall continue in force;

(b) whether the contract may be renewed and, if so, the manner in which, the terms on which, and the period for which, the contract may be so renewed;

(c) a condition prohibiting the assignment of the contract or of any interest therein without the prior consent or approval of the Commission;

(d) if the multiplex contractor be a company, a condition prohibiting any alteration in the Memorandum or Articles of Association of the company or in so much of that Memorandum or of those Articles as may be specified or prohibiting any material change in the ownership of the company without the prior approval of the Commission;

(e) a condition requiring the multiplex contractor to provide the range and type of programmes which he proposed to offer in his application for the award of the contract;

(f) a condition requiring the multiplex contractor to implement any proposals made in his application for the coverage area of the multiplexes;

(g) following consultation with the Commission for Communications Regulation, a condition requiring the multiplex contractor to implement the proposals made in his application for the award of the contract for promoting the acquisition, by persons in the proposed coverage area of the multiplex, of equipment capable of receiving all of the multiplexes available in that area;

(h) any condition which the Commission considers appropriate having regard to its duty under section 4 (5);

(i) following consultation with the Commission for Communications Regulation, any condition requiring the multiplex contractor to comply with any technical condition as the Commission for Communications Regulation may require in the exercise of its functions.

(3) If a multiplex contract does not contain a condition of the type specified in paragraph (c) or (d) of subsection (2), the following provisions shall have effect:

(a) a multiplex contract, or any interest in a multiplex contract, shall not be assignable, nor shall any alteration be made in the Memorandum or Articles of Association of any company which is a multiplex contractor, nor shall there be any material change in the ownership of such a company, without the previous consent in writing of the Commission, and the Commission may, if it considers it reasonable so to do, refuse such consent stating the grounds for such refusal;

(b) in considering whether to grant its consent to an assignment of a multiplex contract, a change in the Memorandum or Articles of Association of a company which is a multiplex contractor, or a material change in the ownership of such a company, the Commission shall have regard to the criteria specified in section 9 (2).

(4) Every multiplex contract shall—

(a) provide that the Commission may, at its discretion and on stated grounds, suspend, reduce the term of or terminate the contract—

(i) if any false or misleading information was given to the Commission by or on behalf of the multiplex contractor prior to the making of the contract,

(ii) if the multiplex contractor has, in the opinion of the Commission, committed serious or repeated breaches of his obligations under the multiplex contract or under this Act,

(b) provide that a multiplex contractor shall pay to the Commission the fees (if any) specified therein, including any fees payable by the Commission to the Commission for Communications Regulation under section 7 and any regulations made thereunder, and

(c) provide that the multiplex contractor shall provide such information (including copies of his accounts) as the Commission may consider it requires in order to enable it carry out its functions under this Act.

(5) Every multiplex contract shall be open to inspection by members of the public at the Commission’s registered office and the Commission shall, on request made by any person and on payment of such sum (if any) as the Commission may reasonably require, furnish to that person a copy of that contract.

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.

Amendments to section 12 of Act of 2001.

12.— Section 12 of the Act of 2001 is hereby amended—

(a) in subsection (1) by the substitution for “for the purpose of any arrangements to be entered into by him or her under paragraph (a) or (b) of section 14(1)” of “for inclusion as part of a multiplex”, and

(b) in paragraph (b) of subsection (2) by the deletion of “by the designated company”.

Amendments to section 16 of Act of 2001.

13.— Section 16 of the Act of 2001 is hereby amended—

(a) in subsection (7) by the substitution for “transmitted by the transmission company pursuant to arrangements under section 14(1) and” of “included as part of a multiplex, within the meaning of the Broadcasting (Amendment) Act 2007, and transmitted by”, and

(b) by the substitution for subsection (9) of the following subsection:

“(9) The Commission may give a direction to—

(a) a multiplex contractor, within the meaning of the Broadcasting (Amendment) Act 2007, requiring that contractor to include as part of a television multiplex, within the meaning of that Act, the electronic programme guide or guides prepared under the programme guide contract referred to in subsection (8), and

(b) each holder of a licence referred to in section 37(1) requiring him or her to transmit the said guide or guides,

and the said contractor and each such holder shall comply with such a direction.”.

Amendments to section 28 of Act of 2001.

14.— Section 28 of the Act of 2001 is hereby amended—

(a) by substituting the following for paragraphs (c) and (d) of subsection (8):

“(c) exercising all or any of the powers conferred on it by subsection (2) (other than paragraphs (bb) and (bbb) (inserted by this Act) thereof) of section 16 of the Act of 1960,

(d) providing, pursuant to its powers under the Broadcasting Authority Acts 1960 to 2001, any service (other than a broadcasting service) for the benefit of the public,

(e) providing a service under subsection (1A) of section 16 of the Act of 1960, and

(f) the establishment, maintenance and operation of one or more national multiplexes pursuant to subsection (1) of section 16 of the Act of 1960.”,

(b) by substituting the following for subsection (10):

“(10) Without prejudice to sections 25(1) and 26 of the Act of 1960, the Authority shall, as soon as may be after the end of each financial year, make a report to the Minister of the use it has made with regard to, respectively, the television broadcasting service and the sound broadcasting service referred to in subsection (1) and the television broadcasting service and sound broadcasting service referred to in subsection (1A) of section 16 of the Act of 1960, of the moneys paid to it under section 8 of the Act of 1976 in that year for the purpose of the activities, during that year, referred to in paragraphs (a), (b) and (c) of subsection (2) and paragraphs (d) and (e) of subsection (8).”,

and

(c) by substituting the following subsections for subsection (11):

“(10A) The Authority shall on or before the third and fifth anniversaries of the date of commencement of this section carry out a review of the provision of the television broadcasting service and sound broadcasting service referred to in subsection (1A) of section 16 of the Act of 1960.

(10B) The Authority shall make a report to the Minister of each review carried out by it under subsection (10A).

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

Amendment to section 32 of Act of 2001.

15.— Section 32 of the Act of 2001 is hereby amended by substituting the following for subsection (1):

“(1) The function conferred on the Minister by section 25(1) of the Act of 1960 with respect to directing (whether on the Minister’s own motion or at the request of the Minister for Finance) the Authority to keep special accounts includes a power (exercisable on the Minister’s own motion or at the request of the Minister for Finance) to direct the Authority to keep a special account showing the manner, with regard to, respectively, the television broadcasting service and sound broadcasting service referred to in subsection (1) of section 28 and the television broadcasting service and sound broadcasting service referred to in subsection (1A) of section 16 of the Act of 1960, in which the moneys paid to it under section 8 of the Act of 1976 in the year concerned have been appropriated for the purpose of the activities of the Authority, during that year, referred to in paragraphs (a), (b) and (c) of subsection (2) and paragraphs (d) and (e) of subsection (8) of section 28.”.

Amendments to section 45 of Act of 2001.

16.— Section 45 of the Act of 2001 is hereby amended—

(a) by inserting the following after paragraph (j) of subsection (8):

“(k) to establish, maintain and operate broadcasting stations and to acquire, install and operate apparatus for wireless telegraphy.”,

and

(b) by inserting the following after subsection (8):

“(9) (a) The powers conferred on Teilifís na Gaeilge by virtue of paragraph (k) of subsection (8) of this section shall not be exercised save under licence issued by the Commission for Communications Regulation and in accordance with any conditions attached by the Commission for Communications Regulation to such licence.

(b) During the continuation of any emergency declared under section 10 of the Wireless Telegraphy Act 1926 , the Minister may suspend any licence under this subsection and, while any such suspension continues, the Minister may operate any service which was provided by Teilifís na Gaeilge under the suspended licence or require such service to be operated as he directs.

(c) A copy of every licence under this subsection shall be laid before each House of the Oireachtas as soon as may be after the issue of the licence.”.

Repeals.

17.— The enactment mentioned in the Schedule is hereby repealed to the extent specified in the third column of the Schedule .

Expenses.

18.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

SCHEDULE

Enactments Repealed

Section 17 .