Broadcasting Act, 2001
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Commercial cable and MMD system channels. |
41.—(1) Without prejudice to the means under section 38 or 39 that may enable him or her to make such a supply, a person may supply a compilation of programme material for the purpose of its being transmitted as a broadcasting service by means of a cable or MMD system, the subject of a licence referred to in section 37 (1), under and in accordance with a contract entered into by him or her with the Commission under this section, which contract shall be known as “a provision of content (cable-MMD) contract” and is in this Act referred to as a “cable-MMD content contract”. | |
(2) The Commission may enter into a cable-MMD content contract with a person if, but only if, it is satisfied that the entering into that contract will result in the range and diversity of broadcasting services available in the relevant area being increased. | ||
(3) In subsection (2) “relevant area” means the area served by the cable or MMD system by which it is proposed that the programme material concerned will be transmitted as a broadcasting service. | ||
(4) Subject to subsection (5) but without prejudice to subsection (6), a cable-MMD content contract shall, where appropriate, include a condition that, as respects the programme material supplied pursuant to it, the provisions of the Council Directive in relation to European works (within the meaning of that Directive) shall be complied with. | ||
(5) Subsection (4) shall not apply in relation to a cable-MMD content contract the programme material supplied pursuant to which does not contain any advertisements that are to be broadcast in return for payment or for similar consideration. | ||
(6) A cable-MMD content contract shall include the same kind of conditions as subsections (4) and (5) of section 12 provide that a digital content contract shall include. |