Broadcasting Act 2009

130.

Additional functions of RTÉ.

130.— (1) ( a) A national television multiplex established, maintained and operated by RTÉ under section 114 (1) (i) shall provide for the broadcasting by digital means of—

(i) the national television broadcasting service commonly known as RTÉ One and RTÉ Two,

(ii) TG4,

(iii) where required by the Minister—

(I) The Houses of the Oireachtas Channel, and

(II) The Irish Film Channel,

(iv) such other television services, having the character of a public service, as may be designated by the Minister by order, and

(v) where required by RTÉ or where required by the Minister, after consultation with the Authority, transmissions of data necessary to ensure the proper maintenance and functioning and updating of receiving equipment required for reception and viewing of services referred to in this paragraph and the multiplexes referred to in section 132 (3) and (4) .

( b) RTÉ shall—

(i) ensure that the national television multiplex referred to in paragraph (a) is established as a matter of priority, and—

(I) on such date as may be specified by the Minister by order, is operational and available free-to-air to approximately 90 per cent of the population, and

(II) by 31 December 2011, or such later date as may be specified by the Minister by order, is operational, available free-to-air and capable of providing coverage to the same extent as is, on the passing of this Act, available by free-to-air analogue means,

and

(ii) at the request of the Minister, report to the Minister on its progress in relation to the activities set out in subparagraph (i) .

( c) RTÉ shall take steps to promote the availability of equipment capable of receiving, identifying, decoding and displaying a national television multiplex operated by RTÉ under section 114 (1) (i) .

( d) Nothing in this subsection precludes RTÉ from making provision in a multiplex established, maintained and operated by RTÉ under section 114 (1) (i) for the broadcasting by digital means of programme material and related and other data other than that broadcast as part of a service specified in paragraph (a) .

( e) Without prejudice to the requirements of this section, RTÉ may, with the consent of the Minister, the Minister having consulted with the Authority, in respect of the use of spare capacity on a multiplex established, maintained and operated by RTÉ under section 114 (1) (i) , broadcast programme material in pursuance of its exploitation of commercial opportunities object.

(2) TG4 shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means TG4 as the Minister, after consultation with the Communications Regulator, RTÉ and TG4, may direct.

(3) In the event that TG4 does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means TG4 to be adequate, the Minister may, at the request of TG4, direct RTÉ to employ a specific amount of digital capacity.

(4) The Commission of the Houses of the Oireachtas shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Houses of the Oireachtas Channel as the Minister, after consultation with the Communications Regulator, RTÉ and the Commission of the Houses of the Oireachtas, may direct.

(5) In the event that the Commission of the Houses of the Oireachtas does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Houses of the Oireachtas Channel to be adequate, the Minister may, at the request of the Commission of the Houses of the Oireachtas, direct RTÉ to employ a specific amount of digital capacity.

(6) The Irish Film Board shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Irish Film Channel as the Minister, after consultation with the Communications Regulator, RTÉ and the Irish Film Board, may direct.

(7) In the event that the Irish Film Board does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) of broadcasting by digital means the Irish Film Channel to be adequate, the Minister may, at the request of the Irish Film Board, direct RTÉ to employ a specific amount of digital capacity.

(8) A provider of a television service designated by the Minister under subsection (1) (a) (iv) shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes of subsection (1) (a) (iv) as the Minister, after consultation with the Communications Regulator, RTÉ and the provider of the television service, may direct.

(9) In the event that a provider of a television service under subsection (1) (a) (iv) does not consider the digital capacity employed by RTÉ for the purposes set out in subsection (1) (a) (iv) to be adequate, the Minister may, at the request of the provider, direct RTÉ to employ a specific amount of digital capacity.

(10) The Minister shall, at the request of the Authority and after consultation with RTÉ require RTÉ to make provision in a multiplex established, maintained and operated by RTÉ under section 114 (1) (i) for the broadcasting by digital means of the television programme service provided under the television programme service contract by the television programme service contractor.

(11) If the Minister makes a requirement of RTÉ under subsection (10) , the television programme service contractor shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ in meeting that requirement as the Minister, after consultation with the Communications Regulator, RTÉ and the television programme service contractor, may direct.

(12) If the Minister makes a requirement of RTÉ under subsection (10) and in the event that the television programme service contractor does not consider the digital capacity employed by RTÉ for the purposes of broadcasting by digital means the television programme service to be adequate, the Minister may, at the request of the television programme service contractor and after consultation with the Authority, direct RTÉ to employ a specific amount of digital capacity.

(13) A national sound multiplex established, maintained and operated by RTÉ under section 114 (1) (i) shall provide for the broadcasting by digital means of such other sound broadcasting services, having the character of a public service, as may be designated by the Minister by order.

(14) A provider of a sound broadcasting service designated by the Minister under subsection (13) shall make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes of subsection (13) as the Minister, after consultation with the Communications Regulator, RTÉ and the provider of the sound broadcasting service, may direct.

(15) ( a) An order made under this section shall be laid before each House of the Oireachtas as soon as practicable after it is made.

( b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a) , pass a resolution annulling the order.

( c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

Annotations:

Editorial Notes:

E6

Power pursuant to subs. (1)(a)(iv) exercised (23.06.2016) by Broadcasting Act 2009 (Section 130 (1)(a)(iv) Designation) Order 2016 (S.I. No. 328 of 2016).

E7

Power pursuant to subs. (1)(a)(iv) exercised (1.12.2014) by Broadcasting Act 2009 (Section 130(1)(a)(iv) Designation) Order 2014 (S.I. No. 542 of 2014).

E8

Additional functions conferred on Broadcasting Authority in relation to section (10.02.2011) by Broadcasting Act 2009 (Section 26(5)) (Conferral of Additional Functions - Broadcasting Services) Order 2011 (S.I. No. 67 of 2011), art. 3.

E9

Power pursuant to subs. (1)(b)(i)(I) exercised (26.02.2010) by RTÉ (National Television Multiplex) Order 2010 (S.I. No. 85 of 2010).

2. The date specified as the date on which the national television multiplex is required to be operational and available free-to-air to approximately 90 per cent of the population is 31 October 2010.