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Broadcasting and Radio Re-Diffusion Act


Published: 1949-10-27

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BROADCASTING AND RADIO RE-DIFFUSION

THE BROADCASTING AND RADIO
RE-DIFFUSION ACT

ARRANGEMENT OF SECTIONS

PART I. Introduction

1. Shon title.

i 2. Interpretation.
PART l l Commercial and Non-Commercial B r o a d c h g

3. Restriction on Commercial Broadcasting.

4 [RepealedhyAct 43 oflYYS.]

5 . [Repealed by Act 43 of 1995.1

6 . Licence may be exclusive or non-exclusive.

6A. Non-commercial broadcasting s e ~ c e s .

7. Unlawful interference with cable wire.

PART 111. Radio Dimslon

8. Conml of radio rediffusion.

9. [Repealed byAc143 of 1995.1

10. [Repealed hy Act 43 of 1995.1

11. Unlawful interference with rediffision system.

PART IlIA Subscriber Television Service

11A No person to operate subscriber television m i c e without licence.

11B. Person eligible for Licence to operate subscriber television senice.

11C. Offences.

PART UIB. Ocences

3 11D. Application for licences.
1 IE. Procedure relating to amcation for licence.

11F. Grant or refusal. etc., of licence.

11G. Termsof licences.

PART UIC. Appeals

11H. Appeals

BROADCASTlNG AND RADIO RE-DIFFUSION

PART IV. The Broahsting Commission

Establishment of the Broadcasting Commission.
Appointment of staff.
Expenses of the Commission.
Accounts and audit
Functions of the Commission.
Power to require information from licensees.
Advisory Committees.
Annual reports.
Contraventim of liceom.
Impautiality in political brcdC8sts.
Penalty for hilure to amply with d i i a n s .
Regulations.

SCHEDULES.

BROADCASTlrNG AND RADIO RA?GD~FF~IIV 3 I

ThPE BROmCASmG AMD ltADIIO op. 47.
RE-DIFFUSION ACT

Lam
66 of 195$
I cd 1959.

Acb
l@d19S&

127th October, 1949.1 :!z

1. This Act may be cited as the Broadcasting and W i o Re- smtih.
Di&ion Act.

2.-41) In this Act- - O I Q ~
"brodcmting" means either s o d $rodesting or bar1%2

television broadcasting or both, s. Ya).

"CaPibbean Coanmmity" means the Caribkm Community I
established by Article 2 of the Treaty; s. 361.

"coanmercial matter" means matter of my description ~ W I W
which is broadcast with the intention of influencing s. 2&).

listeners or viewem thereto to engage or abstain h m
engaging in commercial relations with my person;

" ~ m e r c i a l broadcasting licence" includes m exclusive
commercial broadcasting licence and a non-exclusive
commercial broadcasting licence granted under sec-
tion 1 1 F; 4w1995 s. 2&).

"Commission" means the Broadcasting Commission estab- ,,,
lished under section 12; s. 2 (61.

"communiQ access channel" means a channel dedicated to I in008
the provision of access to news, infbmation md other " 3@1*

4 BROADCASTmG A N . RADIO RE-DIFFUSION

content of public interest related to the geographic
area or zone served by the subscriber television
operator or subscriber television licensee;

"independent programme provider" means a programme
provider who-

(a) transmits at least fourteen hours of new,
unrepeated local content per .week, on a
subscriber television channel; and

(b) is l i c e 4 to operate pursuant to section
11D;

"international relay service licence" means a non-exclusive
international relay service broadcasting licence
granted under section 1 1F to provide broadcasts which
are relayed worldwide and care consistent with the
national interest and which-

(a) include broadcast matter of any description
that is not intended to influence listeners
thereto or viewers thereof to engage in or
abstain from engaging in commercial rela-
tions with any other person;

(b) are not for profit; and

(c) do not in any manner involve engagement in
commercial activity;

"local content" means local television programming
which-

(a) originates in Jamaica or any other Member
State;

(b) is created ' and produced by a Jamaican
national or a national of any other Member
State;

(c) relates to Jamaica or any other Member State;
"Member State" means a Member State of the Caribbean

Community excluding an Associate Member within
the meaning of Article 23 1 of the Treaty;

- - -

lTbc lr&m&o of hb page b authorized by LN. 123/20lll

BROmASTING AND W O RE-DIFFmION 4.0 i

"natiod" means a person who-

(a) is a citizen of a Member State; or

(b) has a connection with ia M m k r State of ia kind
which entitles that person to be regded as
belonging to or, if it be so expressed, as being a
native or resident of such a Member Shte for the
purposes of the laws thereof relating to immigra-
tion; or

(c) is a company or other legal e~tity constituted in a
Member State in accordance with the laws
thereof and which that Member State regards as
belonging to it, provided that such company or
other legal entity has been formed foa gainful
puipses and has its registered office and central
administration, and carries ow substantial
activity, within the Community mQ is s u b
struntially owned and effwdvely contmlld by
persons mentioned in paragraphs (a) md (b);

"non-commercial broadcaster" means a broadcaster- I 112008
s. 3@).

(a) whose articles of incorporation or equivalent
document states that the objects of ?he broad-
caster are non-commercial in nature;

(b) that does not operate its broadcasting services at a
profit;

(c) that establishes a programme format, content and
schedule not subject to the contml or influence of
any commercial entity;

(4 that does not collect advertising revenue which
represents more than 30% of its total revenue;
and

(e) that submits a business m~del that does not
reflect reliance on commercial revenue for
sustainability,

(The indaiorr of Ihi page b rutborircd by LN. IZMOlll

BROADCASTING AND RADIO RE-DIFFUSION

and the teams "noncommercial" and non-commercial
broadcasting" shall be construed accordingly;

"re-diffusion system" means a system for the dissemination
by electrical or magnetic agency over a wired network
connecting a transmitting instrument with a number of
receiving instruments of sound;

"sound broadcasting" means the dissemination by wireless
telephony of sounds of any description but does not
include sounds which foam part of a television
broadcast;

"special subscriber television service licence" means an
island-wide national subscriber television licence;

"subscriber television operator" means a person who
operates a subscriber television service;

"subscriber television programme provider" means a
subscriber television operator that-

(a) provides, on a non-commercial basis, i d
programming on dedicated channels located
on his own subscriber television m i c e ;
and

(b) is registered as a subscriber television
programme provider lutnder section 1 1 D;

"subscriber television service" means the one-way trans-
mission of video programming or other programsnisg
service to subscribers for a fee, and subscriber
interaction (if any) which is required for the selection
of such programming or other programming service;

"television broadcasting" means the wireless transmission
of visual images or pictures, together with any sounds
broadcast for reception dong with those images or
pictures;

"Treaty" means the Revised Treaty of Chagmamas
establishing the Caribbean Community and the CSME

fTh i d d o n d tbb page b uhrbed by LN. lulLOlll

BAOADCASTING AND RADIO RE-DIFFUSION 4.03

signed in The Bahamas on July 5,2001, as is in force
in relation to Jamaica.

"video programming" means the transmission of visual 43119s
images by means of radio magnetic signals or optical 'e2@).
agency.

(2) For the purposes of this Act a person shall be deemed
to engage in commercial broadcasting if having the control of
any broadcasting apparatw- s. IWI~PBZ 2(g.

(a) he accepts or agrees to accept valuable consideration of
any description in respect of the use of such apparatus
for the making of any broadcast; or

(b) he uses or permits to be used such apparatus for broad-
casting commercial matter.

(3) For the purposes of this Act a person shall be deemed ~ 1 9 6 2
to have the control of any broadcasting apparatus if he is entitled S. 2(dr
otherwise than in the capacity of servant or agent of some other
person resident in Jamaica to determine whether or not such
apparatus shall be used for any lawful purpose.

PART 11. Commercial and Non-Commercial Broadcasting

3.-41) No pemn shall establish or maintain any broad- rrnw
casting apparatus with a view to engaging or shall engage, in S. 4.

commercial broadcasting or noncommercial broadcasting,
except under and in accordance with the terms of one of the
following licences granted under this Act-

(a) commercial (sound broadcasting) island-wide licence;

(b) commercial (sound broadcasting) limited area licence;

(c) commercial television broadcasting island wide
licence;

(4 commercial television broadcasting limited m a
licence;

(e) public service: mom-commercial island-wide licence;

V) public service: non-commercial limited area licence;

-- - -

(The tnddoa of (bh pp b ratbarid by LN. iUIZO1iJ

B O A K A S T I N G AND RADIO RE-DIFFUSION

(g) public service: commercial island-wide licence;

(h) public service: commercial limited area licence;

( i ) international relay service licence.

(2) Every person who contravenes the provisions of
subsection ( 1 ) shall be guilty of an offence against this section
and on sununzuy conviction before a Resident Magistrate shall
be liable to a penalty not exceeding ten thousand dollars in 0
respect of each day on which such offence is committed or in
default thereof to be imprisoned for any term not exceeding six
months.

4. [Repealed by Act 43 of1 995.1

5. [Repealed by Act 43 of 1995.1

LiOe"cemay 6.+1) Any broadcasting licence may, subject to the
be exclwive
OP m- provisions of this section, be either a non-exclusive or an
exclusive.
l l R 0 0 1
S. %a).
S W I W ~ (a) sound broadcasting licence; or
S. %a).

(b) television broadcasting licence; or

I (c) sound and television broadcasting licence.
(2) E v q broadcasting licence shall authorize the holder

thereof during such period as such licence remains in force to
erect, establish, maintain and operate such broadcasting appa-

~ W W ratus of every description as may be necessary to enable the s. 5@). holder thereof Mly and effectually to engage in broadcasting in
accordance with the terms of his licence.

(3) E v q non-exclusive broadcasting licence shall
authorize the holder thereof during such period as the licence

0
m a i n s in force to engage in broadcasting concmndy with
the holder of any other broadcasting licence under this Act.

IW1%2
s. 2(c). (4) E y exclusive sound broadcasting licence shall

authorize the holder thereof during such period as such licence

idaaba d tbb pge b authorid by LN. IlMOlll

BROADCASTING AND RADIO RE-DIFFUSION 5

remains in force to engage in broadcasting to the exclusion of
all other persons except as otherwise provided in subsection (5)
and subsection (6).

(5) No non-exclusive sound broadcasting licence shall be
granted at any time when there is in force any applicable ex-
clusive sound broadcasting licence unless either- 1 ~ 2 ~ ~ 8

S. S@Mi).

(a) the holder of such applicable exclusive sound broad- i i n m
casting licence notifies the Minister in writing of his S. 5(Wii).

consent to the grant of such non-exclusive sound
broadcasting licence; or

such non-exclusive sound broadcasting licence contains
a term that the holder thereof shall not engage in sound
broadcasting until such time as such exclusive sound
broadcasting licence has ceased to be in force or the
holder thereof has notified the Minister in writing of his
consent to the holder of such non-exclusive sound
broadcasting licence engaging in sound broadcasting.

(6) No exclusive sound broadcasting licence shall be !wise2
granted at any time when there is in force any non- Sa5(e).
exclusive sound broadcasting licence unless such exclusive
licence contains a term that it shall take effect as a non-exclusive
sound broadcasting licence until such time as all non-exclusive
sound broadcasting licences in force at the date of the grant
of such exclusive sound broadcasting licence shall have
ceased to be in force or shall have become vested in the
holder of such exclusive sound broadcasting licence.

(7) The provisions of subsections (4), (5) and (6) shall 1 ~ ~ x 2
have effect as respects exclusive television broadcasting licences S- '(".
and non-exclusive television broadcasting licences in like
manner as they have effect as respects exclusive sound broad-
casting licences and non-exclusive sound broadcasting licences.

lTbe Murion of fbu page b autborhcd by LN. 12312011)

6 BROADCASTING AND RADIO RE-DIFFUSION

1W1%2
s. 5 (a).

Nan- .:.

b m k a i n g
d e s s
OPiginating
adside of
Jamaica
I 1nwP
S. 6.

Unlawful
i-
with cabIe
wire.
IQ/1%2
S. 6.
1 I r n
S.7

4311!395
S. 4 (a).
4311995
S. 4 (b).

(8) Subject to the provisions of this section, an exclu-
sive sound bdcas t ing licence may be granted notwith-
standing th& t h m is in force an exclusive television broad-
casting licence; and an exclusive television broadcasting licence
may be granted notwithstanding that there is in force an exclu-
sive sound broadcasting licence.

6A.+1) No person shall establish or maintain any broad-
casting apparatus to engage in non-commercial broadcasting
services which originate outside of Jamaica, except under and
in a c m h c e with the terms of an international relay service
licence p a e B under this Act.

7

(2) E v q gerson who contravenes subsection (1) shall
be guilty of an offence and shall be liable on a fine not ex-
ceeding five h u n M thousand dollars or to imprisonment for a
term not exceeding six months or to both such fine and im-
prisonment.

7. Every person who unlawfully and maliciously or fraud-
ulently cuts, injures, taps or interferes with any cable or wire
connected with or wed in connection with any broadcasting
apparatus or other apparatus or equipment utilized for broad-
casting by the holder of a broadcasting licence ' b t e d under
this Act or for broadcasthg by the holder of an inter- national
relay &ce licenk in accordance with the terms of such
licence s M l be guilty of an offence against this Act, and shall
be liable on summary conviction thereof before a Resident
Magistrate to a fine not exceeding five hundred thousand dollars
or to imprisonment with or without hard labour for a term not
e x d i n g two years.

PART 111. Radio Re-D~fision
0

8 . 4 ) No person shall establish, maintain or operate in
Jha ica any d i o re-diffusion system except under and in

BROADCASTING AND RADIO RE-DIFFUSION 7

accordance with the t m s of a licence grsnted under this Act.

(2) Eveq person who contravenes the provisions of 4011995
subsection ( 1 ) shall be guilty of an offence against this section S. 5 (ii).

and shall be liable on sunnma~y conviction'before a Resident
Magistrate to a fine not exceeding one thousand dollars or to
imprisonment for any term not exceeding six months in respect
of each day on which such offence is committed.

9. [Repealed by Act 43 of 1995.1

10. [~epealed by Act 43 of 1995.1

11. Every person who unla-ly and maliciously or fraud- unlawful
interference ulently cuts, injures, taps or connects any wired extension or

apparatus or hearing device to or otherwise interferes with any diffusion
feeder wiring or high level link wiring or any wiring to or on or !cyz2
in any premises or any other wiring or cable or any insulator or S. I I

- support for wiring or any pole or apparatus or loudspeaker or (aWbWc).
transformer or other part of any radio re-diffision system
operated by the holder of a licence under this Part in accordance
with the terms of such licence shall be guilty of an offence
against this Act, and shall be liable on supnmary conviction
thereof before a Resident Magistrate to a fine not exceeding five 4311995

S. 5 (8) (iii) hundred thousand dollars or to imprisonment with or withdut (iv),
hard labour for a term not exceeding two years.

PART IIIA. Subscriber Television Service and Independent 4311995
Programme Providers S. 6. 1 1/2008

S. 8.

11A.-( 1 ) No person shall- Licence
required
for sub- (a) establish, maintain or operate a subscriber television scriber

service; or television
operator and

(b) operate as an independent programme provider, independent
programme
provider. except under and in accofdance with the terms of a licence . . llnoo8

granted under this Act. S. 9 (~)(b) .

IThe ind~asion of tbis gage ia authorized by LN. 123R0111

Person
eligible for
licence to
mte sub-
scriber tele-
vision
service.
1 in008
s. IO(a).

(2) Every person who contravenes the provisions of
subsection (1) shall be guilty of an offence against this section
and shdl be liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand dollars
or to imprisonment for a term not exceeding three years or to
both such fine and imprisonment.

(3) Were a person has been convicted of an offence
under subsection (2), the Court may, in addition to any other
penalty, order that any equipment used in committing the.
offence be forfeited to the Crown.

1BB.--(I) A company referred to in subsection-(2) shall be
eligible to apply for a licence-

(a) to operate a subscriber television service; and

(b) to operate as m independent programme provider.

(2) A company mentioned in subsection (1) is a com-
pany which-

(a) is incorporated in Jamaica or any other Member
State; and

(b) is controlled by persons who are nationals of Jamaica
or another Member State.

(3) Any w m p y which-

(a) provides telewntm~mtion service md has a'mono-
poly in any area'of that sewice; or

(b) is an approved organization as defined in section 2 of
the QEce of Utilities Regulation Act,

shdl not be eligible to apply for or be granted any licence to
operate subscriber television sewice.

(4) ' For the purposes of subsection (2) (b) "control" in
relation to a company means the power of a person to secure
by' means of the holding of shares or the possession of voting

lTBc inddoa of this page is adorirod by LN. 123/LOlll

BROADCASTING AND RADIO RE-DIFFUSION . 9

power in or in relation to that company, or by any agreement
or by virtue of any other powers conferred by the articles of I lnooa
incorporation or other document regulating the company, S.lO(b).
that the affairs of the company are conducted in accordance
with the wishes of that person.

11C.-(1) A person who knowingly subscribes to sub- Offences.

9 scriber television service supplied by a person who is not licensed to operate such service commits an offence and is
liable on summary conviction before a Resident Magistrate to
a fine not exceeding ten thousand dollars or to imprisonment
for a term not exceeding three months or to both such fine
and imprisonment.

(2) Every person who unlawfblly and maliciously or
fraudulently-

(a) cuts, injures, taps or interferes with any cable or wire
connected with any equipment or apparatus; or

(b) interferes with any wireless signal,

utilized for providing subscriber television service commits
an offence and is liable on suxnmary conviction before a
Resident Magistrate to a fine not exceeding five hundred
thousand dollars or to imprisonment for a term not exceeding
two years or to both such fine and imprisonment.

I
PART IIIB. Licences

t
11D.-(1) Every who is desirous of-

1

(a) engaging jin commercial broadcasting; or

(b) establishing, maintaining or operating a radio re-
diffusion system,

shall make an application to the Minister in the prescribed form
for a licence.

(2) A company referred to in section 1 1 B (1) which is

\The IadDIfoa of Bb page b aatborbcd by LN. 123n0111

Application
for licences

10 BROADCASTING AND RADIO RE-DIFFUSION

desirous of offering subscriber television service shall make
I 1 ~ 0 0 8 an application to the Minister in the prescribed form for-
s. I I @).

(a) a subscriber television service (wired) licence;

(b) a subscriber television service (wireless) licence;
or

(c) a special subscriber television service licence.

(2A) [Deleted by Act 1 of 2888.1
l ll2OoS
s. I I (buii). (3) Subject to subsection (4), a person who is desirous

of providing non-commercial broadcasting services shall make
an zpplication to the Minister in the prescribed form for one of
th6 following licences-

(a) an international relay service licence;

(b) a public service: non-commercial islandwide licence;
or

(c) a public service: non-commercial limited area licence.

(4) A company referred to in section 11B (1) which is
desirous of operating as an independent programme provider
shall make an application to the Minister in the prescribed form
for a licence.

(5) A person who is desirous of providing independent
locd content to any subscriber television service shall make
an application to the Minister in the prescribed form, for
an independent programme provider licence or an independent
programme provider (subscription only) licence.

(6) A subscriber television operator who provides, or
intends to provide on a non-commercial basis, local
programming on dedicated channels located on his subscriber
television service shall make an application to. the Minister in.
the prescribed form for registration-

(a) as a subscriber television programme provider; and

BROADCASTING AND RE-DIFFUSION

(b) of the relevant clamels.

(7) A subscriber television operator who provides, or
intends to provide on a commercial basis, loed content on
dedicated channels, whether or not such chaanels are located
dn his, or any other subscriber television service (with the
exception of one cornunity access channel) shall make

'a an application to the Minister in the prescribed f o m for an independent programme provider licence or independent
programme provider (subscriphion only) licence.

(8) A person who is desirous of offering sn island-
wide subscriber television service shdl make an application to
the Minister In the prescribed form for a special subscriber tele-
vision licence.

(9) An application under this section shdl be accorn- IZQOI
panied by the prescribed application fee. S. m).

l1E.-41) The Commission shall process applications for m u r e
licences and registration under this Act and shall make such z$z&
recommendation to the Minister in relation thereto as it thinks for licence.
fit. 1 It2008 S. i2(a).

(2) For the purposes of making a recommendation
under subsection (1) the Comrnission-

(0) shall determine whether or not the applicant satisfies I rams
the prescribed requirements for- S. 12 &).

(i) commercial or non-cornrnercial broadcasting;

- (ii) radio re-dimion;

(iii) operation of a subscriber television service;

(iv) operation as an independent programme
provider; or

(v) registration as a subscriber television pro-
gramme provider,

as the case may be,

7
!The indersion nf this page .is authorized by LN. lt5/2011~

BRQADCASTmG AND R4D18 RE-DIFFUSION

(b) may, if it thinks necessary, hear o d submissions
from the applicant.

G m t or
refusal, etc.

UP.--(I) The Minister, on receipt of a recommendation
of lies= or under section i 1 E (I), may-
registration.
4311995
S. 6. (a) grant a licence or issue a certificate of registration(as
B I 12008 the case may require) on such terns md subject to
s. !3(a)(b). such conditions as he thinks fit;

( B ) refer the recommendation back to the Comission
for m h e r consideration; or

(c) r e h e to grant the licence or issue a certificate of
regis t ion (as the case may require).

(2) Where the Minister grants a licence or issues a
certificate of registration under subsection (I), the applicant
shall be notified in writing forthwith and the licence or
certificate (as the case may require) shall be issued to the
applicant upon payment by him to the Commission of the
prescribed fee.

I 1 ~ ~ 0 0 8 (3) Where the Minister decides to refuse to grant a
s. I~(Q). licence or issue a certificate of registration under subsection (1)

he shall, within thirty days of that decision, noti@ the
applicant in writing of the reasons for such rehsal.

(4) An applicant may, in writing, within fourteen days
after receipt of such notification request the Minister to hear him
in respect of the application and the Minister shall hear any
applicant who so requests.

(5) After hearing an applicant the Minister may make
such decision as he thinks fit.

(6) A licensee may, within a periad of six months
before the expiry of his licence, make an application in the
prescribed form to the Minister for a renewal of the licence
and the application shall be accompanied by the prescribed
fee.

(Tbe inelusion of this prge i s authorized by L.K 123/2011(

BROADCASTmG AND RADIO RE-DIFFUSION 13

(7) The provisions of section I IE and subsections (I)
to (5) of this section shdl apply to an application for the
renewal of a licence.

P1G.-(l) The provisions of section 6 shdB apply to every remrsof
broadcasting licence granted under @is Act and every such !EE
licence shdl- s. 6.

I 1nm8
S. 14(a).

(a) authorize the holder thereof to establish, maintain
and operate a transmitting station and to engage in
broadcasting; -

(b) specify the type of broadcasting to which it relates;
and

(6) subject to section 22, be valid for such period as may
be specified in the licence.

(2) Every licence to establish, maintain or operate a
d i o re-dimion, system shdl, subject to section 22, be -valid
for such period as may be specified therein and-

(a) shall specify the area in which such system may be
established;

(b) may be either a non-exclusive radio re-difhion
licence or ipn exclusive radio re-dimion licence, as
the case may be.

(3) Every licence granted in respect of subscriber
television service an independent programme provider, an llnoos
independent programme provider (subscription only) or a S.14@).
subscriber television programme provider shdl, subject to
section 22, be valid for a period of six years or such longer
period as the 'Minister may determine, on the advice of the
Commission that such longer period is justifiable.

(4) Subject to subsection (5), it shall be a term of
every licence granted under this Act that the licensee shall
comply with such terms and conditions as may be specified
therein.

I'lhe indudon of (bit page-is authorized by LN. lZ3nOall

BROADCASTING AND RADIO RE-DIFFUSION

(4A) Every international relay service licence shall,
subject to section 22-

(a) be valid for a period of six years;

(b) be non-transferable; axid

(c) be subject to cancellation at the direction of the
Minister in the national interest.

(4B) It shall be a term of every international relay
service licence that the liyensee shall-

(4 pay the prescribed licence fee to the Commission
forthwith upon the grant of the licence there-
after, while the licence continues in force, annually on
or before each anniversary of such grant;

(b) forthwith upon any change in its membership, notifl the
Commission in writing of that change;

(c) comply with the relevant provisions of the Radio and
Telegraph Control Act and the Telecommunications
Act.

1 1 ~ 0 0 8 (5) It shdl be a term of every licence granted for
s.'4'b'. subscriber television service an independent programme

provider, an independent programme provider (subscription
only) or a subscriber television programme pmvieier that the
licensee shall-

(a) pay. the prescribed licence fee to the Commission
Lfo&with upon the grant of the. licence and thereafter,
while the licence continues in force, annually on or
before each anniversary of such grant;

(b) forthwith upon any change in the nationality of or
control by its members, notifl the Minister in writing of
that change.

BROAKASTlNG AND RADIO RE-DIFFUSION 14.01

(6) If a person who is granted a licence to provide
subscriber television service does not provide that service
within a period of six months frsm the grant of the licence
or such longer period as the Minister may allow, the licence
shall lapse and thereupon shall be rendered void.

(7) Where a licence is rendered void under subsection
(6) the Commission sMl so noti9 the licensee in awaiting
and shall require the licensee to return the licence to the Corn-
mission within fourteen days after receipt of the notification.

(8) A licensee who fails to comply with a requirement
under subsection (7) shall be guilty of an offence and sM1
be liable on summary conviction before a &sideno krllagistmte
to a fine of ten thousand dollars for each day on which the
licence is not returned to the Commission.

PART IIIC. A p p l s

11 4H.-41) Subject to subsection (1 A), a, p m n e v d by -.
the decision of the Minister to refdrse tc+ 92/EOIPO S. 9 (8).

!llXm
(a) grant or renew a licence; s. .IS.
(b) issue a, certificate of registration,

under this Act may appeal to the Appeal Tribunal appointed by
/

the Minister p m m t to subsection (3).

(IA) No appeal sMl lie to the Ap@ Tribunal against nma
the decision of the Minista to refbe to grant or mm M f,z
internatiod relay service licence on the ~~ that such S. Z(INL).
refanscoa is necessary in the national interest.

(2) An appeal W l lie h m the Appeal Tribunal to the
Court of Appeal on a point sf law.

( 3 ) The provisions of the Second %hdde shall have
eff& as to the constitution of the Appeal R i b d a d otha-
wise in relation thereto.

(4) The Minister may make d e s p d b h g p m -
duns relating to appeals to the Appeal TPibma!.

PART IV. The Broadcasting Commission

E d l i s W t 12.---(I) There shall be established for the purposes of this
of Bd- Act a body to be called the Broadcasting Commission.
w i n g C m
missim.

(2) The Commission shall be a body corporate to which
the provisions of section 28 of the Interpretation Act shall
apply.

F;M (3) The provisions of the First Schedule shall have effect
Scttetiuie. with regard to the constitution of the Commission a d otherwise
431's95 in relation thereto. S. 7.

winment 13.41) The Commission may appoint and employ at such
of WK remuneration andl on such tenns and conditions as it thinks fit a

secretary, and such oficers, agents and servants as it may con-
sider necessary for the proper carrying out of its hct ions under
this Act. .

(2) The Governor-General may, subject to such condi-
tions as he may impose, approve of the appointment of any
oficer in the service of the Government to any office with the

. C