Broadcasting Act 2009

60.
(I)
(II)

Variation of broadcasting licence.

60.— (1) The Communications Regulator may vary any term or condition of a broadcasting licence—

( a) if it appears to it to be necessary so to do in the interest of good radio frequency management,

( b) for the purpose of giving effect to any international agreement to which the State is a party and which has been ratified by the State and which relates to broadcasting,

( c) if it appears to it to be in the public interest so to do,

( d) if it appears to it to be necessary for the safety or security of persons or property so to do,

( e) on request from the Authority after consultation with any affected broadcasting contractor, or

( f) on request from the Authority on behalf of a broadcasting contractor.

(2) ( a) If the Communications Regulator, for any reason specified in paragraph (a), (b) or (c) of subsection (1) proposes to vary, under this section, any term or condition of a broadcasting licence, the Regulator shall, by notice in writing, inform the Authority of the Regulator’s intentions and of the reasons for it. The Authority shall, within 7 days of receiving the notice, give notice in writing to the broadcasting contractor concerned of the intention.

( b) The broadcasting contractor shall have the right to make representations in writing to the Authority in respect of the Communications Regulator’s intentions, within 21 days after the service of the notice by the Authority.

( c) The Authority shall transmit any such representations to the Communications Regulator within a further 7 days and the Communications Regulator, having considered the representations, may make such decision thereon as seems to it to be appropriate.

(3) ( a) If, having considered the representations (if any) which have been notified to it by the Authority by or on behalf of a broadcasting contractor, the Communications Regulator decides to vary any term or condition of a licence, it shall, by notice in writing, inform the Authority of its decision.

( b) The Authority shall, within 7 days of receipt of the Communications Regulator’s decision by notice in writing inform the broadcasting contractor of that decision.

( c) On and from the day following service on the contractor of notice of the Communications Regulator’s decision the licence shall have effect subject to the variation of it by that decision.

(4) Where a notice is required under this section to be given to the Authority or a broadcasting contractor, it shall be addressed to the Authority or the broadcasting contractor and shall be given to the Authority or the broadcasting contractor in one of the following ways—

( a) by delivering it to the Authority or the broadcasting contractor,

( b) by leaving it at the address at which the Authority or the broadcasting contractor carries on business,

( c) by sending it by post in a pre-paid registered letter addressed to the Authority or the broadcasting contractor at the address at which the Authority or the broadcasting contractor carries on business,

( d) if an address for the service of a notice has been furnished by the Authority or the broadcasting contractor, by leaving it at, or sending it by pre-paid registered post addressed to the Authority or the broadcasting contractor to, that address, or

( e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the Authority or the broadcasting contractor carries on business or, if an address for the service of a notification has been furnished by the Authority or the broadcasting contractor, that address, but only if—

(i) the sender’s—

(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the notice,

and

(ii) the notice is also given in one of the other ways mentioned in any of the preceding paragraphs.

(5) For the purposes of subsection (4) , a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.