Radio and Television Act, 1988

• Permanent Page URL

Terms and conditions of sound broadcasting contract.

14.—(1) Every sound broadcasting contract may contain such terms and conditions as the Commission thinks appropriate and specifies in the contract.

(2) Without prejudice to the generality of subsection (1), the Commission may specify in a sound broadcasting 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;

(d) if the sound broadcasting 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;

(e) a condition requiring the sound broadcasting contractor to provide the quality, range and type of programmes which he proposed to offer in his application for the award of the contract.

(3) If a sound broadcasting 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 sound broadcasting contract, or any interest in a sound broadcasting contract, shall not be assignable, nor shall any alteration be made in the Memorandum or Articles of Association of any company which is a sound broadcasting 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;

(b) in considering whether to grant its consent to an assignment of a sound broadcasting contract, a change in the Memorandum or Articles of Association of a company which is a sound broadcasting contractor, or a material change in the ownership of such a company, the Commission shall have regard to the criteria specified in section 6 (2) and, where applicable, section 6 (3).

(4) Every sound broadcasting contract shall—

(a) provide that the Commission may, at its discretion, suspend or terminate the contract—

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

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

(b) provide that a sound broadcasting contractor shall pay to the Commission the fees, shares of profits or royalties specified therein;

(c) provide that the sound broadcasting contractor shall provide such information (including copies of his accounts) which the Commission considers it requires in order to enable it carry out its functions under this Act.

(5) Every sound broadcasting 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.