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Cap. 350 · Broadcasting Act (Cap. 350)

Cap. 350 Art. 16CLicensing of satellite radio and television services.

PART IIIA

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(1) All satellite radio and television programme content services shall be licensed by the Broadcasting Authority in terms of this Part of this Act.

(2) A person who is under the jurisdiction of Malta shall not supply a compilation of programmes for the purpose of such compilation being transmitted as a radio broadcasting service, whether for reception in Malta or elsewhere, by means of a satellite device otherwise than under and in accordance with a satellite radio content broadcasting licence.

(3) A person who is under the jurisdiction of Malta within the meaning of the Council Directive shall not supply a compilation of programmes for the purpose of such compilation being transmitted as a television broadcasting service, whether for reception in Malta or elsewhere, by means of a satellite device otherwise than under and in accordance with a satellite television content broadcasting licence.

(4) An application fee of one thousand euro (€1,000) shall be paid to the Authority by an applicant for a satellite radio or television content broadcasting service.

(5) The Authority may issue a licence to a person whereby such person may supply a compilation of programmes for the purposes referred to in sub-article (1), and such a licence shall be known as a "provision of satellite content broadcasting licence" and is in this Part referred to as a "satellite content licence".

(6) A satellite content licence shall include:

(a) a condition requiring the holder of the licence to comply with such legislation, requirements as to standards, practice and conditions as the Authority may specify with respect to the programmes supplied in pursuance of the licence; and

(b) a condition requiring the holder of the licence to utilize that licence for such duration as the Authority may establish provided that such duration shall not exceed a maximum period of eight years.

(7) In so far as the allocation of radio frequencies for use by satellite radio and television programme content services are concerned, such function shall be exclusively carried out by the Malta Communications Authority in accordance with the national radio frequency plan which the Minister responsible for communications may from time to time adopt in accordance with the provision of the Electronic Communications (Regulation) Act.