174.—F96[(1) The owner of the copyright or the owner of a related right in a literary, dramatic, musical or artistic work, an original database, a sound recording or a film contained in a television or radio programme shall have the right to grant or refuse authorisation for cable retransmission (in this section referred to as the "cable retransmission right").]

F97[(1A) The owner of the copyright or the owner of a related right in a work contained in a television or radio programme shall have the right to grant or refuse the authorisation for non-cable retransmission (in this section referred to as the "non-cable retransmission right").]

(2) F98[…]

(3) The cable retransmission right may be exercised against a cable programme service provider only through a licensing body.

F97[(3A) The non-cable retransmission right may be exercised against the operator of the retransmission service only through a licensing body.]

F96[(4) Where the owner of the copyright or the owner of a related right in a work has not transferred his or her cable retransmission right or non-cable retransmission right to a licensing body, the licensing body which manages rights of the same category shall be deemed to be permitted to manage his or her right.]

(5) Where more than one licensing body manages cable retransmission rights, F96[the owner of the copyright or the owner of a related right] in a work may choose which of them is deemed to be permitted to manage his or her right.

F97[(5A) Where the owner of the copyright or the owner of a related right in a work has not transferred his or her non-cable retransmission right to a licensing body and more than one licensing body manages non-cable retransmission rights of that category, the operator of a retransmission service shall make an application to the Controller and the Controller shall determine which licensing body shall have the right to grant or refuse the non-cable retransmission right.

(5B) An application under subsection (5A) shall be in writing and in such form as may be determined by the Controller from time to time.

(5C) Where the identity of the owner of the non-cable retransmission right is known, the Controller shall, at least 28 days prior to making a determination under subsection (5E), give notice in writing to him or her of an application under subsection (5A) and the Controller shall invite him or her to make observations in writing, in relation to that application, not later than 14 days after the date of the notice.

(5D) For the purposes of making a determination under subsection (5E), the Controller may by notice in writing to the applicant or to the owner of the non-cable retransmission right, require him or her to provide to the Controller, not later than 28 days after the date of the notice, such information relating to the proposed non-cable retransmission or to the non-cable retransmission right as the Controller may reasonably require.

(5E) The Controller shall, having considered any observations received under subsection (5C) and any information provided under subsection (5D), determine which licensing body has the right to grant or refuse the non-cable retransmission right in the State.]

F96[(6) The owner of the copyright or the owner of a related right in a work to whom subsection (4), (5) or (5A) applies has the same rights and obligations resulting from any relevant agreement between the cable programme service provider or the operator of a retransmission service, as the case may be, and the licensing body, as an owner who has transferred their cable retransmission right or their non-cable retransmission right, as the case may be, to that licensing body.

(7) Any rights to which the owner of the copyright or the owner of a related right in a work may be entitled under subsection (6) shall be exercised within the period of 3 years commencing on the date of the cable retransmission or the non-cable retransmission concerned.

(8) This section shall not apply to any cable retransmission right or non-cable retransmission right exercisable by a broadcasting organisation in respect of its own transmission, including where the rights concerned are owned by the broadcasting organisation or have otherwise been transferred to it by other rightholders.

(8A) A broadcasting organisation and an operator of a retransmission service shall conduct negotiations for the authorisation of a non-cable retransmission in good faith.

(8B) Where no agreement is concluded between a broadcasting organisation and an operator of a retransmission service or between a licensing body and an operator of a retransmission service regarding the cable retransmission right or the non-cable retransmission right, as the case may be, the parties may engage in mediation within the meaning of the Mediation Act 2017 and that Act shall apply to any such mediation subject to the modification referred to in subsection (8C) and any other necessary modifications.

(8C) The modification mentioned in subsection (8B) is the substitution of the following subsection for subsection (4) of section 8 of the Mediation Act 2017:

"(4) The mediator may make proposals to the parties to resolve the dispute and any such proposals shall be deemed to have been accepted if the parties do not object to the proposals within 3 months after the date of the proposals."

(9) (a) In this section—

"cable retransmission" means the simultaneous, unaltered and unabridged retransmission by way of a cable programme service of an initial transmission from another Member State, by wire or over the air, including that by satellite, of television or radio programmes intended for reception by the public, regardless of how the operator of a cable retransmission service obtains the programme-carrying signals from the broadcasting organisation for the purpose of retransmission;

"non-cable retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission, intended for reception by the public, of an initial transmission from another Member State, by wire or over the air, including that by satellite, but not by online transmission, of television or radio programmes intended for reception by the public provided—

(i) the retransmission is carried out by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility that initial transmission was made, regardless of how the party carrying out the retransmission obtains the programme-carrying signals from the broadcasting organisation for the purpose of retransmission, and

(ii) where the retransmission is over an internet access service (within the meaning of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015³), it is carried out in an environment in which the operator of the retransmission service provides a secure retransmission to authorised users.

(b) In this section, a reference to a licensing body shall be construed as including a reference to a collective management organisation.]