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BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 99
Conversion of old system licences
99. (1) The Minister may, by notice in writing, direct the Tribunal to grant a
new system licence in substitution for a corresponding old system licence or
licences and the Tribunal shall, without holding an inquiry, comply with the
direction.
(2) A direction by the Minister under sub-section (1) shall set out the
service specifications, and an outline of the technical conditions, determined
by the Minister under paragraph (3) (a).
(3) Before the Minister gives a direction to the Tribunal under sub-section
(1)-
(a) the Minister shall determine-
(i) the service specifications to which it is proposed that the new
system licence is to be subject; and
(ii) the technical conditions proposed to be included in the licence
warrant in respect of the new system licence;
(b) the Minister, or an officer authorized by the Minister in writing for
the purposes of this paragraph, shall give the licensee notice in
writing-
(i) specifying the direction proposed to be given by the Minister;
and
(ii) informing the licensee that the licensee may, not later than a
specified date (being a date not earlier than 14 days after the
date of the notice), make representations to the Minister
relating to the proposed direction;
(c) if the service area determined by the Minister in respect of the new
system licence is not substantially coextensive with the service area
or service areas of the old system licence or licences in substitution
for which the new system licence is proposed to be granted-the
Minister, or an officer authorized by the Minister in writing for the
purposes of this paragraph, shall also publish, in the Gazette and in
a newspaper or newspapers (if any) circulating in the service area or
service areas of that old system licence or those old system licences
and in the proposed service area of the new system licence, a notice-
(i) specifying the direction proposed to be given by the Minister;
and
(ii) notifying interested persons that they may, not later than a
specified date (being a date not earlier than 21 days after the
date of publication of the notice in the Gazette), make
representations to the Minister relating to the proposed
direction; and
(d) the Minister shall have regard to any representations so made.
(4) Service specifications determined by the Minister under paragraph (3) (a)
shall-
(a) in relation to a public radio licence or a new public television
licence, include, as the special purpose for which the licence is
granted, the special purpose for which the main corresponding old
system licence was granted; and
(b) in relation to a re-broadcasting licence or re-transmission licence,
specify, as the service or services that may be re-broadcast or
re-transmitted, the service or services that was or were permitted to
be re-broadcast or re-transmitted pursuant to the corresponding old
system licence.
(5) Upon the grant of a licence under sub-section (1)-
(a) the conditions of the licence are-
(i) the service specifications determined by the Minister under
paragraph (3) (a), including any variations determined by the
Minister after having had regard to any representations made
pursuant to paragraph (3) (b) or (c); and
(ii) the conditions that were imposed by the Tribunal in respect of
the corresponding old system licence or licences; and
(b) the corresponding old system licence or licences cease to have effect.
(6) Upon the grant of a licence under sub-section (1), the Minister shall,
under section 89D of the amended Act, grant a licence warrant to the licensee
in respect of the licence.
(7) The technical conditions of a licence warrant granted as mentioned in
sub-section (6) are the technical conditions determined by the Minister under
paragraph (3) (a), including any variations determined by the Minister after
having had regard to any representations made under paragraph (3) (b) or (c).
(8) A licence granted by the Tribunal under sub-section (1)-
(a) shall be deemed to have been granted under section 81 of the amended
Act; and
(b) subject to the amended Act, continues in force until the date that
would have been the expiry date of the main corresponding old system
licence.
(9) For the purposes of the Licence Fees Acts-
(a) no fee is payable under those Acts in respect of the grant of
a licence under sub-section (1); and
(b) in determining the date that is an anniversary of the date of
commencement of a licence granted under sub-section (1), the date of
commencement of the licence shall be deemed to be the same as the date
that was the date of commencement of the main corresponding old system
licence.
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