Broadcasting Act 2009

67.

Fast-track application process for award of sound broadcasting contracts.

67.— (1) In this section—

“Committee” means Contract Awards Committee;

“fast-track procedure” means a procedure provided for under subsection (2) ;

“incumbent” means the holder of a sound broadcasting contract which is the subject of a notice under section 65 (6) .

(2) Where, in the opinion of the Committee, the only response made in good faith pursuant to a public notice under section 65(6) , is received from the incumbent, then the Committee may at its discretion propose to invoke a fast-track procedure under subsection (6).

(3) Where the Committee proposes to invoke a fast-track procedure, it shall by notice published on a website maintained by the Authority, and where appropriate in a newspaper circulating in the area to be served, state its intention to invoke such a procedure.

(4) If a person, other than the incumbent, within 28 days of a notice published under subsection (3)

( a) submits in writing that he or she wishes to apply for the award of a sound broadcasting contract for the area concerned, and

( b) deposits such a sum with the Authority as is specified by the Committee in any notice under subsection (3) , not exceeding €25,000,

then the Committee shall proceed to—

(i) invite applications for the award of a sound broadcasting contract for the area concerned under section 65 (8) , or

(ii) refer the matter to the Authority for direction.

(5) Where, in the opinion of the Committee, an application under section 65 has been received consequent to a submission under subsection (4) then any sum deposited under subsection (4) shall be refunded in full.

(6) In the event that no written submission and associated deposit are received under subsection (4) the Committee may—

( a) request the Compliance Committee to prepare a report on the incumbent’s compliance with the terms of its sound broadcasting contract and Part 3 ,

( b) invite the incumbent to make a proposal to amend the terms of his or her sound broadcasting contract, and

( c) suggest to the incumbent possible amendments to the terms of his or her contract.

(7) A proposal received under subsection (6) must address—

( a) the matters outlined in section 66 , and

( b) such other matters as the Committee may consider relevant.

(8) On consideration of a proposal received under subsection (6) the Committee may—

( a) reject the contractual changes proposed by the incumbent and proceed to invite applications under section 65 (8) from other persons for the area concerned,

( b) refer the matter to the Authority for direction, or

( c) recommend to the Authority, and the Authority shall follow any such recommendation, that the Authority agree the amended contract terms recommended by the Committee with the incumbent.

(9) The term of any contract extension agreed under subsection (8) shall not exceed 10 years.

(10) All payments made to the Authority under subsection (4) (b) and subsequently forfeited by the applicant shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.