Cable Television Service Amendment Regulations 2008
CABLE TELEVISION SERVICE AMENDMENT REGULATIONS
2008
1
BR 43/2008
TELECOMMUNICATIONS ACT 1986
1986 : 35
CABLE TELEVISION SERVICE AMENDMENT REGULATIONS
2008
The Minister responsible for Telecommunications, in exercise of
the powers conferred by section 59 of the Telecommunications Act 1986,
makes the following Regulations:
Citation
1 These Regulations may be cited as the Cable Television Service
Amendment Regulations 2008.
Substitutes regulation 12
2 Regulation 12 of the Cable Television Service Regulations 1987
(in these regulations referred to as the “principal Regulations”) is revoked
and the following regulation is substituted —
“Local television programmes
12 (1) A licensee may carry on the System television
programmes broadcast by a broadcasting radio station licensed
in Bermuda.
(2) A broadcasting radio station shall elect for every period
of three years commencing 1 November 2008 (in these
Regulations referred to as the “election period”) whether they
wish their television programmes to be carried on a “must carry”
or a “retransmission consent” basis.
CABLE TELEVISION SERVICE AMENDMENT REGULATIONS
2008
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(3) A broadcasting radio station must make its election for
the first election period before 1 November 2008, and must make
its election for each subsequent election period at least four
months prior to the end of the then current election period.
(4) If “must carry” is elected, a licensee shall carry on the
System, free of charge, all television programmes broadcast by a
broadcasting radio station.
(5) If “retransmission consent” is elected, a licensee must,
within 30 days, confirm whether or not they intend to carry the
television programmes of a broadcasting radio station.
(6) Where “retransmission consent” is elected under
paragraph (5) and a licensee chooses not to carry the television
programmes they must within fourteen days inform the public
via the public printed media and by direct notice to their
customers and must also within that fourteen day period file
revised tariff rates with the Commission for the programme tier
in which the television programmes will no longer be available.
(7) Where “retransmission consent” is elected under
paragraph (5) and a licensee chooses to carry the television
programmes on a “retransmission consent” basis and the
parties are not able to reach a commercial agreement within
sixty days, then either party may refer the matter to the
Commission for determination.
(8) The Commission shall, in not more than sixty days or
such longer period as the Minister may allow, conclude its
deliberations and forward a decision to the parties.
(9) The date of implementation of any new agreement
shall be the day following the expiration of the previous election
period.
(10) If either party is aggrieved by the decision of the
Commission, they may appeal to the Minister in accordance with
the procedures outlined under section 25 of the Act.
(11) During an election period in which a licensee has
elected “must carry” or “retransmission consent” —
(a) neither party shall cause the television
programmes of the broadcasting radio station to
be unavailable on a licensee’s System without the
express permission of the Minister;
(b) television programmes shall be carried without
material degradation in quality (within the
limitations imposed by the technical state of the
art); and
CABLE TELEVISION SERVICE AMENDMENT REGULATIONS
2008
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(c) television programmes shall, at the request of a
licensee of a broadcasting radio station licensed in
Bermuda, be carried by the System on the
channel number on which the broadcasting radio
station is transmitting, except where technically
not feasible.
(12) Where television programmes are carried by a System
pursuant to this regulation, the programmes broadcast shall be carried
in full, without deletion or alteration of any portion.”.
Amends Regulation 61
3 Regulation 61 of the principal Regulations is amended in the
headnote by deleting “12(2)” and substituting “12”.
Made this 10th day of July 2008
Minister of Energy, Telecommunications and E-Commerce
