169.— (1) Where an event organiser is willing to sell rights enabling a qualifying broadcaster to provide coverage on free television services in the State of a designated event or a part of it, as determined under section 162 (1) (b) in the designation order which designated the event, but the qualifying broadcaster and the event organiser have not agreed the amount to be paid in respect of the acquisition of the rights, the following provisions of this section apply.

(2) The qualifying broadcaster or the event organiser may request the other to agree to the appointment of an arbitrator for the purposes of fixing reasonable market rates for the acquisition of the rights referred to in subsection (1). In default of agreement, on the appointment of an arbitrator by the parties, the Minister may appoint an arbitrator, who he or she considers to be suitably qualified in this regard, within 21 days of being notified by either party of such default.

(3) An arbitrator appointed under subsection (2) shall issue his or her award, in writing, which, subject to subsection (4), shall be a provisional award. The arbitrator shall notify the parties concerned of the award.

(4) An award issued under subsection (3) is not binding on the qualifying broadcaster concerned unless, within the period of 21 days from the date of issuing of the award of the arbitrator under subsection (3), the qualifying broadcaster has notified the event organiser concerned of the qualifying broadcaster’s acceptance of the award.