Broadcasting Act, 2001

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PART II

Supply and Transmission of Programme Material Generally

Transmission company.

5.—(1) In this section “the transmission company” means a company formed and registered under the Companies Acts, 1963 to 1999 (whether before or after the commencement of this section), being a company which is designated in writing by the Minister to be the body that shall perform the functions expressed in this Act to be performable by the transmission company.

(2) The Minister shall not designate a company for the purposes aforesaid unless the following conditions as respects the company are satisfied, namely—

(a) the company has been so formed and registered by 2 or more persons (who may include the Authority) each of whom the Minister is of the opinion, having regard to the responsibilities the company will assume under this Act, is a person who is a suitable person to be concerned in such formation and registration,

(b) the name of the company is a name which the Minister considers to be appropriate having regard to the said responsibilities,

(c) the company is a company limited by shares, and

(d) the memorandum of association and articles of association of the company are in such form, consistent with this Act, as is approved of by the Minister, after consultation with the Minister for Public Enterprise.

(3) For the purposes of enabling or facilitating the performance by the transmission company of its functions under section 13 , the Authority shall transfer such parts of its real and personal property to the company as the Minister, after consultation with the Authority, determines ought to be the subject of such a transfer.

(4) The principal objects of the transmission company shall be stated in its memorandum of association to be—

(a) to transmit, by analogue means, broadcasting services on behalf of the Authority, Teilifís na Gaeilge and the television programme service contractor, being services that the Authority, Teilifís na Gaeilge and that contractor provide under the Broadcasting Authority Acts, 1960 to 2001, the Act of 1988 or this Act, as the case may be,

(b) to transmit, by digital terrestrial means, programme material and related and other data in a digital form in accordance with arrangements entered into by it under this Act with the multiplex company,

(c) to transmit, by analogue means, sound broadcasting services on behalf of the Authority and sound broadcasting contractors, being services that the Authority and such contractors provide under the Broadcasting Authority Acts, 1960 to 2001, or the Act of 1988, as the case may be,

(d) to promote the development of multimedia services, and

(e) to promote the development of electronic information services, including those provided by means of the Internet.

(5) The transmission company shall endeavour to ensure, in so far as it is reasonably practicable to do so, that the services provided by it are made available to the whole community in the State.

(6) The Authority shall not, without the consent of the Minister and the Minister for Finance, transfer to another person all or one or more of any shares it holds in the shareholding of the transmission company.

(7) The Minister may, by order, require the Authority to divest itself of all or one or more of any shares it holds in the shareholding of the transmission company.

(8) Where an order is proposed to be made under subsection (7), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(9) Nothing in this section shall prevent or restrict the inclusion among the objects of the transmission company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act.

(10) The transmission company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or its memorandum of association and is not inconsistent with any enactment for the time being in force.