First Schedule — BROADCASTING ACT

Amended by

XV. 2000.15.

Article 16 (3)

Substituted by

VIII. 2011.14.

PURPOSES FOR WHICH PROVISION IS TO BE MADE IN LICENCES AND

CONTRACTS FOR THE PROVISION OF BROADCASTING SERVICES

1. A licence shall include -

(a) such conditions as appear to the Authority to be appropriate having

regard to any duties which are or may be imposed on the Authority

itself, or on the licensee, by or under this Act;

(b) conditions enabling the supervision and enforcement of technical

standards in connection with the provision of the licensed service

(including the use of the allocated frequency);

(c) conditions requiring the payment by the licensee (whether on the grant

of the licence or at such times thereafter as may be determined by or

under the licence, or both) of a fee or fees of an amount or amounts so

determined;

(d) conditions requiring the licensee to furnish the Authority, in such

manner and at such times as it may reasonably require, with such

information (including documents, returns, accounts and declarations)

as it may require for the purpose of exercising the functions assigned to

it by or under this Act;

(e) conditions requiring the licensee, if found by the Authority to be in

breach of any condition of his licence, to reimburse to the Authority, in

such circumstances as are specified in any conditions, any costs

reasonably incurred by it in connection with the breach of that

condition;

(f)

conditions providing for such incidental and supplemental matters as

appear to the Authority to be appropriate; and

(g) conditions requiring licensees, other than those providing community

radio services, within each financial year, to present to the Authority

copies of their audited accounts for the previous financial year, a

declaration as of the 31st December of each year as to the licensees’

affairs/corporate structures as well as reports on the state of public

opinion concerning their programme services.

2. A licence shall also include -

(a) conditions requiring the licensee -

(i)

to comply with any direction given by the Authority as to such

matters as are specified in the licence or are of a description so

specified;

(ii) (except to the extent that the Authority consent to his doing or not

doing them) not to do or to do such things as are specified in the

licence or are of a description so specified;

(iii) to comply with the programme service ("promise of

performance") as approved by the Authority;

(b) conditions requiring the licensee to permit -

(i)

any employee of, or person authorised by, the Authority, or

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(ii) any officer of, or person

authorised

by,

the

Malta

Communications Authority,

to enter any premises which are used in connection with the

broadcasting of the licensed service and to inspect, examine, operate or

test any equipment on the premises which is used in that connection;

and

(c) conditions requiring the licensee -

(i)

to retain, for a period of ninety days, a recording of every

programme included in the licensed service;

(ii) at the request of the Authority or of a court of law, to produce to it

any such recording;

(iii) to retain, for a period of one year, a transcript of every news

programme included in the licensed service;

(iv) at the request of the Authority or of a court of law, to produce to it

any such news transcript and any other script or transcript of a

programme included in the licensed service which he is able to

produce to it;

(v) to keep full logs for a twelve month period of all transmissions of

the licensed service;

(vi) at the request of the Authority, or of a court of law, to produce to

it such logs;

(vii)

to adopt procedures to handle complaints from viewers and

listeners.

3. (1) A licence for community radio services shall include conditions

preventing the licensee from -

(a) utilising any of the frequencies allocated to Malta in terms of

international agreements;

(b) interfering with any national broadcasting station received in Malta

whether originating from Malta or from abroad;

(c) interfering with any of the nationwide radio services;

(d) having more power than is reasonably required for the purpose of

transmission. The Authority shall, in conjunction with the Malta

Communications Authority, establish such amount of reasonable power

and, in doing so, shall take into account the variations which occur from

place to place due to the topography of the locality involved;

(e) including anything in programmes which offends against good taste or

decency or is likely to encourage or incite to crime or to lead to disorder

or to be offensive to public feeling;

(f)

transmitting news or current affairs programmes except of a community

nature; and

(g) utilising an allocated frequency for less than twenty hours per week.

(2) Such a licence for community radio services shall also contain, where

applicable

(a) conditions enabling the supervision and enforcement of technical

standards by the Authority following consultation with the Malta

Communications Authority in connection with the provision of the

licensed service (including the use of the allocated frequency); and

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(b) conditions approved by the Authority following consultation with the

Malta Communications Authority relating to the broadcasting

equipment to be used by the licensee.

4. A broadcasting licence may also include such other conditions as the

Authority deems necessary including conditions relating to programme quality

standards and minimum technical standards to ensure acceptable quality

broadcasting.

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