Digital Radio Broadcasting Regulations, 2007

L.N. 199 of 2007

BROADCASTING ACT

(CAP. 350)

Digital Radio Broadcasting Regulations, 2007

IN exercise of the powers conferred by sub-article (2) of article

16B of the Broadcasting Act, the Prime Minister, following agreement

with the Broadcasting Authority, has made the following regulations>–

(1) The title of these regulations is the Digital Radio

Broadcasting Regulations, 2007.

(2) These regulations shall come into force on 1 st October,

2007.

[Regulation 3(2)]

APPLICATION FORM FOR

A DIGITAL RADIO BROADCASTING SERVICE

GENERAL INSTRUCTIONS

(a)

Applications should be typed. Ten copies of this completed form are required.

Only add separate sheets where it is indicated you may do so; otherwise responses

must be kept within the space allocated. Appendices giving additional

information, or any other material (e.g. cassettes, publicity documents), should not

be enclosed unless specifically requested. Failure to comply with these

requirements will render the application liable to disqualification. Following the

presentation of this application form to the Broadcasting Authority any contact

between the applicant and the Authority should only be at the instigation of the

Authority.

(b)

This form, when completed, should be addressed to the Chairman of the

Broadcasting Authority.

PART I – GENERAL INFORMATION

1a. NAME, ADDRESS AND

TELEPHONE

NUMBER(S)

OF

MAIN

ORGANISER(S) OF THIS APPLICATION

(for contact purposes: maximum two persons).

Name (1)

(2)

Address

Telephone

(daytime)

mobile

e-mail

lb.

LEGAL STATUS OF APPLICANT

(see Section 10, subsections (4) to (6) of Part III of the Broadcasting Act).

2. CONTENT AND GENRES OF PROGRAMMING

This is your 'Promise of Performance'. It should state whether you will have

local programming content (only up to one station), the proposed number of

retransmitted radio services and their programme genres (e.g. music,

sports, etc.) and whether there will be any pay radio services.

3. MEMBERS OF APPLICANT GROUP - overleaf give name, age, address,

nationality (if not Maltese) and other activities (e.g. other directorships) of

each. Briefly describe personal background and previous experience,

especially that which is relevant to running this radio service.

3a. MANAGING DIRECTOR

Name

Age

Address

Nationality

Background/Experience

Telephone

Mobile

Fax

e-mail

3b. DIRECTORS I MANAGEMENT COMMITTEE

For each individual, provide the following information (use additional sheets

if necessary)

Name

Age

Address

Nationality

Background/Experience

Telephone

Mobile

Fax

e-mail

3c. DESCRIBE HOW, AND WHEN, THE APPLICANT GROUP WAS

FORMED, AND HOW IT HAS DEVELOPED.

Mention any other organisations lending support to this application.

4. STAFFING

4 a. Draw up a reporting structure showing station management and

organisation, including all intended staff posts, with salaries. (Use

additional sheets if necessary).

4 b. EXECUTIVES I SENIOR STAFF (including those mentioned at Section 3)

- give name, age, address and nationality (if not Maltese) of any

individuals so far appointed or identified for station management or other

senior staff posts. Briefly describe personal background and relevant

previous experience, and state which post the individual would occupy.

(Use additional sheets if necessary).

4c. Give total number of (i) full-time and (ii) part-time staff actually employed or

to be employed in paid posts.

(i) Full-time

(ii) Part-time

Actually employed

To be employed

4d. If appropriate, indicate how voluntary (i.e. unpaid) staff would contribute to

the running of the service, and how many volunteers might be involved

during a typical week.

5. PROGRAMMING

5a.

Make your promise of programming performance, stating, the main

orientation of the programme service you intend to provide. If possible,

quantify in approximate terms the proportions of airtime to be devoted to the

main elements of output.

5b. Briefly describe how your proposed programming will differ from, and add

to, the choice of radio output already available.

5c. During which hours of the day do you intend to broadcast? (If different from

day to day, please list each day of the week separately).

5d. If you intend to retransmit foreign programme content, please provide

details concerning the foreign retransmitted stations (name and country of

origin) and please provide the latest programme schedule available with a

description of the relative programme content. State also for how many

hours per day each retransmitted radio service will be aired.

6. DETAILS CONCERNING THE PLATFORM

6a. Please provide details concerning the platform. On which platform will

your programme service be carried? On which digital frequencies will

each radio service be broadcast?

Name of Radio Service

Frequency

The above list is to be considered to be your channel line up.

Please provide a letter from the platform operator indicating that your

service will be carried on such platform and the channel number to be

allocated.

6b. Digital Radio Pay services

In addition to any other approval which might be required under any other

law for the provision of digital radio pay services, should you intend to

provide pay radio services, please indicate hereunder which of the above

channels will be made available on a pay basis.

Name of Radio Service

Frequency

Please provide any further information with regard to pay radio services

such as the various times which are envisaged, payment structures, etc.

7. EDITORIAL RESPONSIBILITY - EDITOR

7a. Who will be registered under the Press Act as the person responsible

for editorial content of the radio service?

Name and surname

Address

Id. Card No.

Tel

Fax

e-mail

Changes to the above have to be notified to the Authority three working

days prior to effecting any such changes.

It is to be noted that all charges issued by the Authority’s Chief Executive

for any breach of the Constitution, Broadcasting act and subsidiary

legislation made thereunder, including Broadcasting Authority guidelines,

policies and codes of practice shall be issued against the Editor. The

Editor shall also ensure compliance for the above.

PART II LOCAL PROGRAMME CONTENT

If you intend to apply for a locally originating radio service, please fill in

this part of the application form. If you intend to apply for more than one

locally originating radio service, please fill Part II of each station. You are

permitted to apply for only specialised stations and up to five such

stations. If you do not intend to do so for the time being, please fill in the

words “NON APPLICABLE” and move on to Part III of this form.

8. LOCAL PROGRAMMING CONTENT

8a. By which name will the station be known?

8b. Do you intend to have a news service. What arrangements will you

make to obtain

National news?

International news?

8c. Provide an outline on these pages of a proposed typical week's programming,

indicating the times of broadcasting and the length and type of items likely to be

included. Indicate also whether any increase in hours is expected, and when.

8c. (contd.)

8c. (contd.)

8d. What, if any, are your plans for preparing and broadcasting national

information, social action and/or religious programming? Please include

details of any proposals for off-air activity, e.g. the provision of training

facilities.

8e. If programming in languages other than Maltese is proposed, state which,

and give approximate proportions of total output to be broadcast in these

languages.

9. THE AUDIENCE

9a. How large an audience do you expect to attract? Will your station appeal

especially to particular groups within the population (if so, say which)? What

evidence do you have of public demand for the type of programme service

you propose? (If specific audience research has been carried out, use this

and a maximum of one additional page to summarise main findings of

relevance. Do not include full audience research reports with the

application).

9b. By what means would the station plan to keep in touch with the views of its

listeners, and their responses and reactions to its services?

9c. Are there any particular organisations or groups within the Maltese islands which

you would expect to involve on a regular basis in the station's programming, or on

an advisory basis?

PART III - FINANCE

10. FINANCIAL ARRANGEMENTS

10a. Applicants should submit a feasibility study analysis covering three (3) years

as a minimum which should include

(i) Projected profit and loss statement - first year per quarter;

(ii) Projected cash flow statement - first year per quarter;

(iii) Projected balance sheet for the three years;

(iv) Projected statement of source and application of funds;

(v) Details of assumptions on which feasibility study is based;

(vi) Details of financing arrangements;

(vii) Details of grants and donations.

10b. Share capital

Classes of share capital

Number

Par value

Issue Price

(if different)

Voting

Non voting

(Please specif y )

Other

10c. Loan Stock

If loan stock is to be issued, state the amount and redemption/conversion

terms.

10d. Set out below the details of all voting shareholders (excluding any

nominal membership shares), and holders at 5% or more of non-voting

shares and loan stock. (A second page may be added if necessary).

Name of Investor

Address

Invest.

% of

Lm

total

required

10e. Describe briefly the method by which share/loan capital is to be raised. (Give

details of any proposal to have share capital publicly quoted).

10f. Other loans

If appropriate, give details of lender, interest rate and repayment terms.

10g. Bank overdraft facilities

If facilities have been provisionally negotiated, attach a supporting letter

from the relevant bank.

Letter dated

Enclosed/Not enclosed

(delete as applicable)

7h. Details of capital expenditure.

11. CASH FLOW FORECAST

In which year of operation is it expected

(i) first to make a trading profit?

(ii) to have eliminated all cumulative losses?

12. ADVERTISING AND OTHER REVENUE

12a. What arrangements do you propose for the sale of advertising?

12b. Briefly show how you have estimated your annual revenue from the sale of

advertising time (taking into account e.g. population coverage, percentage of

airtime sold, tariff levels).

12c. Who within the radio station would be responsible for advertising. (Please confirm

that he/she will be made familiar with the Code for Advertisements and

Sponsorships as laid down in the Third Schedule of the Broadcasting Act).

12d. If you plan to raise revenue from sources other than the sale of airtime for

advertising (e.g. merchandising, commercial production, co-funding, etc.), please

list these below

Type/source of revenue

Expected

% of

annual

total

income

revenue

(Yr 1) Lm

required

(1) In these regulations, unless the context otherwise

requires -

“the Act” means the Broadcasting Act<

“the Authority” means the Broadcasting Authority<

“the licensee” means any person who is licensed by the

Broadcasting Authority to provide a digital radio broadcasting

service.

(2) Words and expressions used in these regulations which

are also used in the Act shall have the same meaning as is assigned to

them in the Act.

Licence for a digital

[Regulation 5]

1. Fees to be paid on submission of an application for a

digital radio service

a) for one generalist or one specialist locally

originating digital radio service;

b) for any number of retransmitted digital radio

services.

2. No licence fees shall be paid to the Broadcasting Authority

on the grant of a licence for the first two years from the date of

the award of the licence provided that such fees shall be levied

from 1 st October, 2009 onwards.

3. Licence fees to be paid on an annual basis from 1 st

October, 2009 till 30 st September, 2013 shall be as follows

a) for retransmitted digital radio services originating from

outside the Maltese Islands

i) up to 3 channels

ii) from 4 to 6 channels

iii) from 7 to 9 channels

iv) from 10 to 12 channels

v) from 13 to 16 channels

vi) from 17 channels onwards

b) for one generalist locally originating digital radio service

4. Fees to be paid on the renewal of an application for a

digital radio service.

5. Programme monitoring fees to be paid on the grant of a

licence on an annual basis from 1 st October, 2013 onwards shall

be as follows

a) for retransmitted digital radio services originating from

outside the Maltese Islands

i) up to 3 channels

ii) from 4 to 6 channels

iii) from 7 to 9 channels

iv) from 10 to 12 channels

v) from 13 to 16 channels

vi) from 17 channels onwards

b) for one generalist locally originating digital radio service

6. In the case of locally originating specialised digital radio

services the above fees shall be reduced by fifty per centum

(50%).

7. For the purpose of this Schedule, a locally originating

specialised digital radio service means a digital radio service

which does not carry advertising or teleshopping, whose

programmes are not sponsored and which does not broadcast

news, current affairs programmes or discussion programmes on

current affairs.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

(1) No person shall provide any digital radio broadcasting

service without a licence issued by the Authority.

(2) The application form for a digital radio broadcasting

licence

is

set

out in Schedule I to these regulations.

The provisions of the Act which set out the conditions under

which a nationwide radio broadcasting service is licensed shall mutatis

which a digital radio

broadcasting licence

mutandis apply to a digital radio broadcasting service> provided that

the Authority may from time to time supplement such conditions or

adapt such conditions to the specific exigencies of digital radio

broadcasting.

(1) The Authority shall levy those tariffs from a licensee as

set out in Schedule II to these regulations.

(2) When the same nationwide radio broadcasting service

is simultaneously transmitted on an analogue and digital frequency

without any editing being made to the digital retransmission so that

both the analogue transmission and the digital retransmission are totally

identical in so far as programme content is concerned, the Authority

shall not charge the licensee any fee for the retransmitted station which

is already licensed in terms of the Broadcasting Act.

(3) In the case contemplated in sub-regulation (2), the

nationwide radio broadcasting service which would already be licensed

as such under the Broadcasting Act will not need to fill in an application

form to simulcast its transmissions but such broadcaster shall request

beforehand approval in writing from the Authority to simulcast its

transmissions.

Unless otherwise lawfully terminated or abridged in Maximum duration

accordance with the Act or the licence, the period for which a digital of

radio broadcasting licence shall remain operative shall be up to a and renewal thereof.

maximum of four years and such a digital radio broadcasting licence

shall be renewable every four years.

A licensee shall provide the Authority with programme Submission of

schedules in such format, at such intervals and containing such programme

schedules.

information as the Authority may establish.

The Authority may license a digital radio broadcasting service Licensing of digital

to offer either one locally originating generalist digital radio station or radio

content.

one locally originating specialised digital radio station and foreign

retransmitted digital radio stations.

(1) Whenever a licensee during the validity of a broadcasting Channel line up.

licence proposes to change the digital radio services channel line up as

approved by the Authority in the licensee’s licence, the licensee shall

write to the Authority requesting a change in the channel line up. The

licensee shall provide detailed reasons and information as to the proposed

channel line-up for such a change.

(2) The Authority may either approve or reject the request.

(3) When the Authority approves the request, it may impose

such reasonable conditions as it may deem fit.

(4) When the Authority refuses to approve such request,

the Authority shall give reasons for its decision.

Where a digital radio broadcasting service is not provided in Provision of free

unencoded form, the licensee shall provide such number of free services installation

service.

to the Authority as it may establish in order to enable it to carry out its

monitoring functions. Such free service shall mean the installation and

provision of a licensee’s programming services.

(1) Station sponsorship of a digital radio station shall be Digital Radio

Station

prohibited.

Sponsorship.

(2) For the purpose of this regulation “station sponsorship”

means the naming of channels after sponsors.

(1) It shall be permissible to simulcast a community radio Simulcasting of

service on a digital radio platform or network during the first four years community

stations.

from the entry into force of these regulations.

(2) During the period 1 st October to 30 th September, 2009 a

community station that has availed itself of the provisions of sub-

regulation (1) of this regulation shall continue to pay the licence fee

fixed in the Fourth Schedule for community radio stations and shall

pay the licence fee listed in Schedule II to these regulations from the 1 st

October, 2009 onwards.

APPLICANT'S OTHER INTERESTS

l3a. Details are required of the involvement by the applicant group in the activities set

out below. For these purposes, the applicant group is defined as its directors (or

their equivalent), any company or person with a potential holding of 5% or more of

any class of voting share or loan capital, or any subscriber otherwise providing 5%

or more of the total funding needs identified in paragraph 7b above. Details should

be given under the following broad classifications, showing for each heading the

extent of the interest owned, i.e. wholly owned, controlling interest (and size

thereof), minority interest (and size thereof). If not applicable, write 'None'.

(i) Advertising agencies.

(ii) The manufacture of records or the publication of musical works.

(iii) The promotion of the broadcasting of sound recordings or of the broadcasting of

performance of music works.

(iv) The obtaining of employment for theatrical performers or for persons to take part as

performers in programmes by way of television or radio.

(v) Newspapers, including shareholdings or holdings in a group having substantial

control over one or more newspapers.

l3b. Provide details of any connection between the applicant group (as defined above)

and the following

(i) Sound broadcasting, television, and allied activities (e.g. wire distribution of sound

or television, satellite and cable television).

(ii) Places of entertainment or other entertainment activities.

(iii) Other connections of a nature relevant or related to broadcasting.

(iv) Connections with bodies of a wholly or mainly religious nature.

(v) Connections with bodies of a wholly or mainly political nature.

STUDIOS (Until an offer of licence is made the Authority does not wish to be told

which engineering company or consultancy, if any, has been or will be providing

advice or services to the applicant).

14a. What is the proposed location (give the actual address, if known) of your studio(s)?

What is the property currently used for?

14b.What form of acoustical treatment and isolation do you envisage for your studio(s)?

14c. On a separate sheet, insert a rough scale plan of your studio(s), technical areas and

other principal rooms, giving all dimensions.

14d.On a separate sheet, list and price all studio equipment you either have or intend to

purchase, giving proforma specifications.

14e.Please add any technical points regarding studios, in addition to those given in

sections 12a to 12d.

14f What arrangements do you propose for linking your studio(s) with the transmitter?

l5. READINESS DATE

How long after the award of licence would you be ready to start broadcasting?

What are the main factors that will determine your readiness date?

I certify that, to the best of my knowledge, the details given in this application for a

licence to provide digital radio broadcasting services are correct, and that I have read

the Broadcasting Act and understand the terms under which licences to broadcast are

issued. I understand that, if awarded the licence, tape recordings of all output, apart

from commercial tapes, records or discs (with timings), will need to be made and

retained for ninety days prior to being recycled and that if phone-ins are part of the

station's programming a delay mechanism will need to be installed and instructions

given for its use where necessary.

Signature

Name (in block capitals)

Position within applicant group