Broadcast Distribution Services Regulations, 2012

L.N. 468 of 2012

BROADCASTING ACT

(CAP. 350)

Broadcast Distribution Services Regulations, 2012

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 Broadcast

Distribution Services Regulations, 2012.

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

2013. In these regulations, unless the context otherwise requires

[Regulation 3(2)]

APPLICATION FORM FOR AN ‘OWN BROADCAST’

DISTRIBUTION SERVICE

GENERAL INSTRUCTIONS

(a)

Applications should be typed. Seven 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

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

1b. LEGAL STATUS OF APPLICANT

(see Article 10 of the Broadcasting Act)

2. CONTENT AND GENRES OF PROGRAMMING

This is your 'Promise of Performance'. Briefly describe the genres of

programming that will be broadcast on this station.

MANAGING DIRECTOR

Name

Age

Address

Nationality

Background/Experience

Telephone

Mobile

Fax

e-mail

4. STAFFING

EXECUTIVES / 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).

5. PROGRAMMING

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).

6. EDITORIAL RESPONSIBILITY - EDITOR

Who will be registered under the Press Act as the person responsible for

editorial content of the broadcast distribution service?

Name and surname

Address

Tel.

Fax

e-mail

Mobile no.

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 shall be issued against the Editor. The Editor shall also ensure

compliance with the said legislation.

7. THE AUDIENCE

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).

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

B B 4787

"the Act" means the Broadcasting Act;

"the Authority" means the Broadcasting Authority;

"broadcast distribution network" means an electronic

communications network used for the distribution of broadcast

content;

"broadcast distribution service" means any transmission service

provided over a broadcast distribution network;

"channel" means a signal path of specified bandwidth for

conveying information over a broadcast distribution system;

"licensee" means an operator or any person licensed by the

Authority to operate a radio station or a television station or a

teleshopping television station or such number of stations on a

broadcast distribution network as provided in article 10(6) of the Act;

"operator" means any person who operates a broadcast

distribution network or provides a broadcast distribution service or

who operates a broadcast distribution network and provides a

broadcast distribution service;

"own-broadcast" means those programmes, including channels,

which are originated by an operator rather than retransmitted from

satellite or free-to-air broadcast radio or television stations or both

radio and television stations;

"network" shall have the same meaning as is assigned to it by

article 16B(3) of the Act;

"programming services" means the full range of entertainment

and information programming offered by a broadcast distribution

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 8(1)]

Application Form by an Electronic Service Provider

for Re-Transmission of Broadcasting Services

(a) List the name of the television channels which will be included in the

channel line-up of the electronic service provider.

(b) List the name of foreign retransmitted radio channels which will be

included in the channel line-up of the electronic service provider.

(c) The list has to be addressed to the Chief Executive. The electronic

service provider is requested to send any additional changes to the channel line

which may occur from time to time.

B B 4788

Channel Line-Up

List the re-transmitted foreign television broadcasting stations together with

the channel line up on the service provided by the electronic service provider.

Name of Channel Competent Licensing Authority

Channel Number

B B 4789

Channel Line-Up (cont.)

List the re-transmitted foreign radio broadcasting stations together with the

channel line up on the service provided by the electronic service provider.

Name of Channel Competent Licensing Authority

Channel Number

(1)

No person shall provide a broadcast distribution Licence for a

broadcast

service without a licence issued by the Authority.

distribution

service.

(2) The application form for a broadcast distribution service

licence is set out in Schedule I.

(3) Subject to the provisions of article 10 of the Act, the

Authority may grant a broadcasting licence to an operator to allow

him to broadcast such programme genres on his own-broadcast

channel or channels over his broadcast distribution network as the

Authority may from time to time approve. Without prejudice to the

generality of the foregoing, such programme genres may include the

following

(a)

programme and other information with respect to

the broadcast distribution network and its programming;

(b)

previews of programmes that will be shown on the

broadcast distribution network;

(c)

cinematographic films;

(d)

sports and similar programming;

(e)

weather data and general information. Such general

information shall not, without the previous approval of the

Authority, include news or news related programmes;

(f)

general entertainment;

(g)

sound only signals.

[Regulation 5]

Licence Fees

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

distribution service

2. Licence fees to be paid on an annual basis by an electronic

distribution network shall be as follows

(a) for the first locally originating television

broadcasting service

(b) any one other additional station carrying news

and/or current affairs

(c) any one other additional station not carrying

news/current affairs

Provided that only one application fee is applicable whenever

an electronic distribution network operator applies for more than

one station simultaneously.

€1.26

The provisions of the Act which set out the conditions Conditions

under which a broadcasting service is licensed, including those under

broadcast

contained in the First Schedule to the Act, shall mutatis mutandis distribution

service may be

apply to a broadcast distribution service

issued.

Provided that the Authority may from time to time

supplement such conditions or adapt such conditions to the specific

exigencies of a broadcast distribution service.

The Authority shall levy those licence fees from a licensee

as set out in Schedule III.

A licensee shall provide the Authority with programme

schedules in such format, at such intervals and containing such

information as the Authority may establish.

Subject to article 10 of the Act, the Authority may license

a broadcast distribution service to offer such own-broadcast radio

services or own-broadcast television services or both such own-

broadcast radio services or own-broadcast television services over a

broadcast distribution network and such retransmitted radio or

television services or both such retransmitted radio and television

services as it may approve.

(1)

An operator shall, not later than 1st February, 2013,

submit a request the Authority to approve his broadcast distribution

service’s channel line up. The operator shall forward an application

form as set out in Schedule II with the information of the channel line

up.

(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.

(5) Whenever an operator proposes to change the channel line

up as approved by the Authority, the operator shall comply with the

provisions set out in sub-regulation (1) and the Authority shall

comply with the provisions of sub-regulations (2) to (4).

An operator 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 an operator’s programming services.

(1)

Station sponsorship shall be prohibited.

(2) For the purpose of this regulation "station sponsorship"

means the naming of channels after sponsors.

(1)

The Authority shall be responsible for the Programming

services.

supervision over the programming standards.

(2) The operator shall with regard to any programmes own-

broadcast by it and not retransmitted comply with the provisions of

the Act regarding programming standards in the same manner as that

law applies to broadcasting stations providing similar services.

(3) The Authority may, for reasons of protection of public

morals, direct the operator to cease retransmitting any programme or

channel.

(1)

Subject to article 10(6) of the Act, the operator’s Advertising,

own-broadcast channels may carry advertisements, teleshopping and teleshopping

and

sponsorship in terms of the Act and any subsidiary legislation made sponsorship.

thereunder.

(2) Channels which are being retransmitted by the operator

over the broadcast distribution network shall be carried together with

the original advertising,

sponsorship

and teleshopping.

Advertisements and teleshopping may not be blocked without the

permission of the originating station and may only be replaced by the

operator if agreement is reached with the originating station and with

the previous consent in writing of the Authority.

The provisions of these regulations shall not apply to Exclusion of

digital radio which shall continue to be regulated by the Digital Radio digital

Broadcasting Regulations.