Broadcasting Act 2009

134.

Amendment of sound broadcasting contracts for listed simulcast services.

134.— (1) In this section—

“Committee” means Contract Awards Committee;

“listed simulcast service” means a sound broadcasting service designated for the purpose of a contract amendment as set out in subsection (7) (b);

“relevant incumbent” means the holder of a sound broadcasting contract under subsection (3).

(2) Where the Authority directs the Committee to invite applications for sound broadcasting multiplex contracts under section 136 , the Authority may also direct the Committee to offer to existing sound broadcasting contractors who are relevant incumbents a simulcasting contract extension.

(3) Where the Committee, in inviting applications for sound broadcasting multiplex contracts under section 136 , specifies the coverage area under section 136 (3) , it may identify, according to its own procedures, sound broadcasting contractors who, under sound broadcasting contracts have the right and duty to establish, maintain and operate sound broadcasting transmitters in part or all of the coverage area specified under section 136 (3) , and such sound broadcasting contractors will be known as relevant incumbents.

(4) In identifying relevant incumbents under subsection (3), the Committee may use whatever procedures it considers necessary, including consultation with the Communications Regulator, and any identification by the Committee of a relevant incumbent shall be final.

(5) Where the Committee has identified a relevant incumbent, it shall propose to the Authority that the relevant incumbent is offered a designation as a listed simulcast service for the purpose of ensuring simulcasts of sound broadcasting contract services on sound broadcasting multiplexes.

(6) Where the Committee has proposed to the Authority that a relevant incumbent be offered a designation as a listed simulcast service, the Authority shall offer to the relevant incumbent an amendment to its relevant sound broadcasting contract (“simulcasting amendment”) and the relevant incumbent shall have 60 days in which to accept in full or reject in full the amendment.

(7) A simulcasting amendment may contain such terms and conditions as the Authority thinks appropriate and shall contain the following terms and conditions:

( a) an increase in the period during which the existing sound broadcasting contract shall continue in force,

( b) a designation of the sound broadcasting contractor’s sound broadcasting service as a “listed simulcast service” for the purpose of this Part,

( c) a requirement on the sound broadcasting contractor to provide its sound broadcasting service so that it may be provided as part of a digital sound broadcasting multiplex under this Part, and

( d) a requirement to enter into any such subsequent agreements with sound broadcasting multiplex contractors which the Authority may specify, including agreements in relation to the payment of appropriate fees in relation to the costs of establishing, maintaining and operating a multiplex to the sound broadcasting multiplex contractor or contractors.

(8) The increase in the period during which an existing sound broadcasting contract continues in force under subsection (7)(a) shall be not more than 6 years.

(9) Where a relevant incumbent fails to meet its obligations under subsection (7) (c) or (d), the simulcasting amendment to its sound broadcasting contract will be considered to be null and void.