Minister may reserve capacity for national broadcasters or community broadcasters
9. (1) The Minister may notify the Authority in writing that capacity in the
broadcasting service bands is to be reserved for a specified number of—
(a)
national broadcasting services; or
(b)
community broadcasting services; or
(c)
commercial broadcasting services; or
(d)
broadcasting services provided by a public broadcaster;
but such a notice must not affect the prov ision of s ervices in accordance with a
licence already issued under this Act, or services already being provided by a public
broadcaster.
(2) The Authority shall not allow the provi sion of broadcasting services (other than
services provided by public broadcasters or community broadcasting licensees) which
would make use of reserved capacity in the broadcasting service bands.
(3) The Minister may direct the Authority to allocate any broadcasting service bands
reserved in terms of subparagraph (1)(d) to a public broadcaster.
Alternative uses of broadcasting service bands
10. (1) If—
(a)
the Authority has advertised under this Ac t for applications for the
allocation of one or more commercial broadcasting service licences and that licence is
not allocated or not all of those licences are allocated; or
(b)
broadcasting service bands are available in a licence area but have not
been made available for comm ercial television broadcasti ng licences or commercial
radio broadcasting licences; or
(c)
broadcasting service bands have b een reserved under paragraph 9 but
have not been made available for the purpose for which they were reserved; or
(d)
broadcasting service bands are avai lable but the Authority has not
commenced or completed planning and allo cation processes in relation to those
bands;
the Authority may, by notice published in the Gazette, determine tha t the band o r
bands concerned is or are available fo r allocation, for a period specified by the
Authority—
(i)
for the temporary transmission or the re -transmission of programmes;
or
(ii)
to community broadcasting licensees; or
(iii)
to providers of subscription broadcasting services, subscription
narrowcasting services or open narrowcasting services; or
(iv)
for the transmission of datacasting services; or
(v)
for other broadcasting purposes.
(2) In making a determination under subpa ragraph (1), the Authority shall have
regard to—
(a)
the possible future demand for the use of the broadcasting service
bands concerned; and
(b)
such other matters as the Authority considers relevant.
(3) The Authority may, by notice publis
hed in the Gazette, determine that
broadcasting service bands are available
for allocation for the purposes of the
transmission of datacasting services.
(4) In making a determination under subpa ragraph (3), the Authority shall have
regard to—
(a)
the possible future demand for the use of the broadcasting service
bands concerned for the prov ision of commercial televi sion broadcasting services;
and
(b)
such other matters as the Authority considers relevant.
Second Schedule (Section 3 (4))
ANCILLARY POWERS OF AUTHORITY
1.
To acquire by lease, purchase, or othe rwise, immovable property an d