Broadcasting Act 2009

76.

Transmission of broadcasting services by MMD system.

76.— (1) The holder of a licence granted by the Communications Regulator being a licence that authorises the distribution of programme material by the means of a MMD system, shall distribute, by those means—

( a) in case the MMD system used by that holder is, in whole or in part, an analogue system, the service provided under section 70 by the television service programme contractor and which that contractor requests the holder to so distribute,

( b) in case the MMD system used by that holder is, in whole or in part, a digital system, each free-to-air service provided by RTÉ and by TG4 and the free-to-air service provided under section 70 by the television service programme contractor and which that body or contractor requests the holder to so distribute.

(2) If a dispute arises between the holder of a licence referred to in subsection (1) and a body or contractor referred to in subsection (1) in relation to the placement by the holder, relative to the placement by him or her of another broadcasting service, on the system concerned of a free-to-air service provided by that body or contractor, being a placement made on a MMD system for the purposes of the holder’s complying with a request by that body or contractor under subsection (1) , as the case may be, the dispute shall be referred to the Authority for its determination and the determination of the Authority in the matter shall be final.

(3) The holder of a licence referred to in subsection (1) shall not impose a charge in relation to the making available to a person of any service referred to in subsection (1) if he or she imposes a charge on that person in relation to the making available of any other service to that person by means of the MMD system concerned.

(4) Subject to subsection (5) , the Authority may require the holder of a licence referred to in subsection (1) to distribute as a broadcasting service, by means of the MMD system concerned, the whole or part of the programme material supplied under one or more specified community content provision contracts the holders of which are members of the local community or community of interest that is served by the said system and who request the first-mentioned holder to so distribute the whole or, as the case may be, a part of that programme material.

(5) Subsection (4) shall not apply if the system used by the holder of the licence concerned is an analogue MMD system.

(6) A person of whom a requirement is made by the Authority under subsection (4) shall comply with that requirement.

(7) The holder of a licence referred to in subsection (1) shall not impose a charge in relation to the making available to a person of any service referred to in subsection (4) , pursuant to a requirement made of him or her under that subsection, if he or she imposes a charge on that person in relation to the making available of any other service to that person by means of the MMD system concerned.

(8) The Authority shall report to the Minister on an annual basis in relation to the operation of this section.