Broadcasting Act 2009

133.

Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes.

133.— (1) The Communications Regulator, at the request of RTÉ, shall issue to RTÉ a licence in respect of the establishment, maintenance and operation of a single sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(2) The Communications Regulator, at the request of RTÉ and after consultation with the Minister and the Authority, shall issue to RTÉ a licence in respect of the establishment, maintenance and operation of one further sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.

(3) The Communications Regulator, at the request of the Authority, shall issue to the Authority under the Acts of 1926 to 2009, subject to this Part, a sound broadcasting multiplex licence in respect of the establishment, maintenance and operation of one sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with contracts to be entered into by the Authority under section 136 (2) .

(4) The Communications Regulator, at the request of the Authority, shall issue to the Authority under the Acts of 1926 to 2009, subject to this Part, sound broadcasting multiplex licences in respect of the establishment, maintenance and operation of one or more sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in an area of the State specified by the Authority, which area may consist of the whole or any part of the State, in accordance with contracts to be entered into by the Authority under section 136 (2) .

(5) The Communications Regulator shall consult with the Authority regarding the desirability of it issuing to the Authority under the Acts of 1926 to 2009, subject to the provisions of this Part, further licences in respect of the establishment, maintenance and operation of additional sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in an area of the State specified by the Authority, which area may consist of the whole or any part of the State, in accordance with additional contracts to be entered into by the Authority under section 136 (2) .

(6) Nothing in this section shall be read as preventing the Communications Regulator, following consultation with the Minister and with the Authority, from issuing under the Acts of 1926 to 2009, other licences authorising the combination, by means of a multiplex other than a multiplex to which subsections (1) , (2) , (3) or (4) relate, of programme material and related and other data in a digital form, subject to such conditions as the Authority may consider necessary to impose in a contract entered into under section 71 .