MT
Digital Radio Broadcasting Regulations, 2010
Table of Provisions (17)
Statutory Text (17 Articles)
L.N. 518 of 2010
BROADCASTING ACT
(CAP. 350)
Digital Radio Broadcasting Regulations, 2010
IN exercise of the powers conferred by subarticle (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, 2010.
(2) These regulations shall come into force on 1st
December, 2010.
[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
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
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
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
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)
10h. Details
Details of of capital
capital expenditure.
expenditure.
7h.
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
13. 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.
14. 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
(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.
[Regulation 5]
1. Fees to be paid on submission of an application for a
digital radio service
a) for one locally originating digital radio service
b) for any number of retransmitted digital radio
services.
2. Without any prejudice to regulation 12(2), no licence fees
shall be paid to the Broadcasting Authority on the grant of a
licence fee for the first two years from the date of the award of
the licence provided that such fees shall be levied from 1 st
January 2013 onwards.
3. Licence fees for a locally originating digital radio service to
be paid on an annual basis from 1 st January 2013 onwards are
4. Fees to be paid on the renewal of an application for a
digital radio service.
5. Licence fees to be paid on an annual basis from 1 st
January 2013 for re-transmitted digital radio services originating
from outside the Maltese Islands
i) up to 10 stations
ii) between 11 and 50 stations
iii) more than 50 stations
(1) No person may provide a 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.
The provisions of the Act which set out the conditions
under which a nationwide radio broadcasting service is licensed
shall mutatis 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.
(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 Act.
(3) In the case contemplated in sub-regulation (2),
the nationwide radio broadcasting service which would already be
licensed as such under the 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 of
digital radio broadcasting licence shall remain operative shall be up
to a 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
schedules in such format, at such intervals and containing such
information as the Authority may establish.
The Authority may license a digital radio broadcasting
service to offer such number of digital radio stations which
originate locally allowed by law and foreign retransmitted digital
radio stations.
(1) Whenever a licensee during the validity of a Channel line up.
broadcasting 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 unencoded form, the licensee shall provide such
number of free services 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 prohibited.
(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 service on a digital radio platform or network for a period not
exceeding two years.
(2) Any community radio station which has availed
itself of the provisions of subregulation (1) shall not pay any
additional licence fees other than those applicable for community
radio stations.
(3) No community radio station shall interrupt the
period of simulcasting.
(4) On the termination of the two year simulcast
period, and provided that the community radio station chooses
to migrate to the digital platform, it will cease to operate as a
community radio station on the analogue platform.
(5) During the period of simulcasting, the terms and
conditions of the licence issued by the Authority to a community
radio station shall remain in force.
The Digital Radio Broadcasting Regulations, 2007 are
hereby repealed.
Notwithstanding the repeal of the Digital Radio
Broadcasting Regulations, 2007, all licences issued under those
regulations which are still in force shall continue to remain valid
and shall henceforth be regulated by these regulations.