Broadcasting Act, 2001
|
Authorisation of transmission company to transmit, by digital terrestrial means, programme material. |
7.—(1) The Director shall, on a date specified by the Minister, after consultation with the Minister for Public Enterprise, for the purposes of this section, grant to the transmission company, under the Wireless Telegraphy Acts, 1926 to 1988, a licence which shall be known as the “digital terrestrial television licence” and is in this Act referred to as the “DTT licence”. | |
(2) The DTT licence shall be expressed to authorise, and shall operate to authorise, the transmission company 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. | ||
(3) Without prejudice to any powers he or she may have in that behalf under the Wireless Telegraphy Acts, 1926 to 1988, the Director may attach such conditions to the DTT licence as he or she considers appropriate including conditions specifying requirements to be complied with by the transmission company in respect of the entering into of arrangements under subsection (1) of section 13 or the imposition of charges under subsection (3) of that section and, in particular— | ||
(a) a requirement that, as respects such arrangements that are entered into in similar circumstances by the company with different persons for the transmission of broadcasting services comprising similar kinds of programme material supplied to it by each of those persons, the terms of those arrangements, and the charges imposed in respect of them, are similar, | ||
(b) a requirement that the company, as respects any decision made by it to exercise or not to exercise its power under subsection (3) of section 13 , and as respects any consequent exercise by it of that power, otherwise ensures fairness of treatment of the persons concerned, and | ||
(c) a requirement that the transmission company supplies such information to the Director, and adopts such procedures in the performance of its functions under this Act, as the Director specifies, in pursuance of the requirement, for the purpose of enabling the Director to verify that each condition attached to the licence is being complied with. | ||
(4) Nothing in this section shall be construed as preventing the Director from granting under the Wireless Telegraphy Acts, 1926 to 1988, in addition to the DTT licence and whether to the transmission company or any other person, licences authorising the transmission, by digital terrestrial means, of programme material and related and other data in a digital form. |