Digital Radio Broadcasting Regulations, 2012

L.N. 470 of 2012

BROADCASTING ACT

(CAP. 350)

Digital Radio Broadcasting Regulations, 2012

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, 2012.

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

2013.

[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

1b. 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 / 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 / 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 "NOT

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.)

8. (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

Other: (Please specify)

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 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 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 annual

% of total revenue

income

required

(Yr 1) €

13. APPLICANT’S OTHER INTERESTS

13a. 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.

13b. 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.

(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 for one locally originating digital radio service

2. Licence fees applicable on an annual basis as from 1st

January 2013

(a) for one locally originating digital radio service

(b) for a subsequent second and third locally

originating digital radio station

(c) for a subsequent fourth, fifth and sixth locally

originating digital radio station

3. Licence fees applicable on an annual basis as from 1st

January 2014

(a) for one locally originating digital radio service

(b) for a subsequent second and third locally

originating digital radio station

(c) for a subsequent fourth, fifth and sixth locally

originating digital radio station

4. Licence fees applicable on an annual basis as from 1st

January 2015

(a) for one locally originating digital radio service

(b) for a subsequent second and third locally

originating digital radio station

(c) for a subsequent fourth, fifth and sixth locally

originating digital radio station

Provided that the licence fee for any subsequent station

applies if the same company owns, controls or is editorially

responsible for the stations.

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

radio service.

(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 Tariffs of prices,

etc.

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

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

licence period

radio broadcasting licence shall remain operative shall be up to a and

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 Licensing of

service to offer such number of digital radio stations which originate digital

programme

locally allowed by law and foreign retransmitted digital radio content.

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 sub-regulation (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.

(1)

The Digital Radio Broadcasting Regulations are

hereby revoked.

(2) Notwithstanding the revocation of the Digital Radio

Broadcasting Regulations, all licences issued under those regulations

which are still in force on the date of the revocation shall continue to

remain valid and shall be regulated by these regulations from that

date onwards.

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?

READINESS DATE

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

broadcasting?

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