Broadcasting Act, 2001
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Authorisation of the exercise of certain powers vested in Authority and transmission company. |
6.—(1) In this section the “relevant section” means section 16 of the Act of 1960. | |
(2) Subsection (3)(a) of the relevant section shall be construed as including a prohibition with respect to the transmission company exercising its powers to transmit programme material (other than programme material referred to in section 7 (2)) of a like kind to the prohibition which that subsection contains with respect to the Authority exercising the powers referred to in paragraphs (a) and (b) of subsection (2) of the relevant section and, accordingly, the Director may, in accordance with this section, issue licences under subsection (3) of the relevant section to the transmission company as well as to the Authority and attach conditions to any licence so issued to that company. | ||
(3) On such date as the Minister, after consultation with the Minister for Public Enterprise and the Director, specifies for the purpose of this section, the Director shall issue a licence under subsection (3) of the relevant section or the Wireless Telegraphy Acts, 1926 to 1988, or both those enactments as appropriate, to— | ||
(a) the Authority with respect to the operation by it of any apparatus the operation of which requires a licence under either or both of the said enactments and which apparatus has not been the subject of the transfer referred to in section 5 (3), and | ||
(b) the transmission company with respect to the operation by it of any apparatus the operation of which requires a licence under either or both of the said enactments and which apparatus has been the subject of the said transfer. | ||
(4) Pending the issuing by the Director of the licences referred to in subsection (3), any licence issued to the Authority under subsection (3) of the relevant section or the Wireless Telegraphy Acts, 1926 to 1988, and in force immediately before the date specified for the purposes of subsection (3), shall, in so far as any right or obligation arising under it relates to an apparatus which has been the subject of the transfer referred to in section 5 (3), operate and have effect as if it had been granted to the transmission company. | ||
(5) Upon the issue by the Director of a licence referred to in subsection (3), any licence issued to the Authority under subsection (3) of the relevant section or the Wireless Telegraphy Acts, 1926 to 1988, (including any licence to which subsection (4) applies) which relates to the same matter as the first-mentioned licence relates to and is in force immediately before the issue of that licence shall stand revoked. | ||
(6) Paragraphs (b) and (c) of subsection (3) of the relevant section shall apply to a licence issued under that subsection to the transmission company as they apply to a licence issued under that subsection to the Authority and, for the purposes of such application, the reference in the said paragraph (b) to the Authority shall be construed as a reference to the transmission company. |