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Multiplex company.
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8.—(1) In this section—
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“multiplex” means a multiplex referred to in subsection (3);
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“the multiplex 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 multiplex company.
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(2) The Minister shall not designate a company for the purposes aforesaid unless the following conditions as respects the company are satisfied, namely—
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(a) the company has been so formed and registered by one or more than one person who or 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,
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(b) the name of the company is a name which the Minister considers to be appropriate having regard to the said responsibilities,
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(c) the company is a company limited by shares, and
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(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.
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(3) The principal objects of the multiplex company shall be stated in its memorandum of association to be—
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(a) to establish, operate and maintain 6 digital multiplexes, that is to say, 6 electronic systems which combine programme material and related and other data in a digital form for the purposes of that material and data, so combined, being transmitted by the transmission company,
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(b) to enter into arrangements, in accordance with the provisions of this Act, with the Authority, Teilifís na Gaeilge, the television programme service contractor and any other person concerned for the transmission of programme material and related and other data in a digital form by the transmission company,
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(c) to promote the development of multimedia services, and
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(d) to promote the development of electronic information services, including those provided by means of the Internet.
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(4) The multiplex 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.
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(5) Nothing in this section shall prevent or restrict the inclusion among the objects of the multiplex 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.
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(6) The multiplex 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.
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