Broadcasting Act 2009

PART 11

Major Events Television Coverage

160.

Definitions ( Part 11).

160.— (1) In this Part—

“broadcaster” has the meaning assigned to it in the Council Directive;

“designated” means designated by a designation order;

“designation order” means an order under section 162 ;

“event” means an event of interest to the general public in the European Union, a Member State or in the State or in a significant part of the State that is organised by an event organiser who is legally entitled to sell the broadcasting rights to the event and includes the whole event or where part of it has already taken place the remainder;

“event organiser” means the person who is legally entitled to sell the rights to the event;

“free television service” means a television broadcasting service for the reception of which no charge is made at anytime by the person providing the service, and which is available on a free-to-air basis;

“near universal coverage” means—

( a) free television service, reception of which is available to at least 95 per cent of the population of the State, or

( b) if at any time fewer than three broadcasters are able to provide the coverage required under paragraph (a) , free television service, reception of which is available to at least 90 per cent of the population of the State;

“qualifying broadcaster” means a broadcaster who is deemed under subsection (2) to be a qualifying broadcaster;

“rights” in relation to the broadcast of a designated event, means the exclusive or non-exclusive rights to broadcast the event;

“television broadcasting” has the meaning assigned in the Council Directive.

(2) A broadcaster who provides near universal coverage of a designated event is deemed to be a qualifying broadcaster.

(3) For the purpose of subsection (2) , two or more broadcasters who enter into a contract or arrangement to jointly provide near universal coverage of a designated event shall be deemed to be a single broadcaster with respect to that event.

(4) A broadcaster may request the Minister to resolve any dispute as to the extent of a free television service being provided by a broadcaster in the State for the purpose of subsection (2) and the definition of “near universal coverage” in subsection (1) .

(5) The Minister may consult with any technical experts or other persons or bodies he or she considers appropriate before resolving a dispute under subsection (4) .