L.S. 350.29 Regolamenti dwar ix-Xandir bir-Radju Diġitali

(1)requires - Interpretation. In these regulations, unless the context otherwise "the Act" means the Broadcasting Act; Cap. 350. "the Authority" means the Broadcasting Authority; "the licensee" means any person who is licensed by the Broadcasting Authority to provide a digital radio broadcasting service.

(2)Words and expressions used in these regulations which are also used in the Act shall have the same meaning as is assigned to them in the Act. 3.

(1)No person may provide a digital radio broadcasting service without a licence issued by the Authority. Licence for a digital radio service.

(2)The application form for a digital radio broadcasting licence is set out in Schedule I. Application form for a digital radio broadcasting licence. 4. The provisions of the Act which set out the conditions under which a nationwide radio broadcasting service is licensed shall mutatis mutandis apply to a digital radio broadcasting service: Conditions under which a digital radio broadcasting licence may be issued. Provided that the Authority may from time to time supplement such conditions or adapt such conditions to the specific exigencies of digital radio broadcasting. 5.

(1)The Authority shall levy those tariffs from a licensee as set out in Schedule II.

(2)When the same nationwide radio broadcasting service is simultaneously transmitted on an analogue and digital frequency without any editing being made to the digital retransmission so that both the analogue transmission and the digital retransmission are totally identical in so far as programme content is concerned, the Authority shall not charge the licensee any fee for the retransmitted station which is already licensed in terms of the Act.

(3)In the case contemplated in sub-regulation

(2), the nationwide radio broadcasting service which would already be licensed as such under the Act will not need to fill in an application form to simulcast its transmissions but such broadcaster shall *see sub-regulation

(2)of regulation 1 of these Regulations as originally promulgated. Tariffs of prices, etc. 2 [ S.L.350.29 DIGITAL RADIO BROADCASTING request beforehand approval in writing from the Authority to simulcast its transmissions. Maximum duration of licence period and renewal thereof.

1. Unless otherwise lawfully terminated or abridged in accordance with the Act or the licence, the period for which a digital radio broadcasting licence shall remain operative shall be up to a maximum of four years and such a digital radio broadcasting licence shall be renewable every four years. Submission of programme schedules.
2. A licensee shall provide the Authority with programme schedules in such format, at such intervals and containing such information as the Authority may establish. Licensing of digital radio programme content.
3. The Authority may license a digital radio broadcasting service to offer such number of digital radio stations which originate locally allowed by law and foreign retransmitted digital radio stations. Channel line-up. 9.

(1)Whenever a licensee during the validity of a broadcasting licence proposes to change the digital radio services channel line up as approved by the Authority in the licensee’s licence, the licensee shall write to the Authority requesting a change in the channel line-up. The licensee shall provide detailed reasons and information as to the proposed channel line-up for such a change.

(2)The Authority may either approve or reject the request.

(3)When the Authority approves the request, it may impose such reasonable conditions as it may deem fit.

(4)When the Authority refuses to approve such request, the Authority shall give reasons for its decision. Provision of free installation and service. 10. Where a digital radio broadcasting service is not provided in unencoded form, the licensee shall provide such number of free services to the Authority as it may establish in order to enable it to carry out its monitoring functions. Such free service shall mean the installation and provision of a licensee’s programming services. Digital Radio Station Sponsorship. 11.

(1)Station sponsorship of a digital radio station shall be prohibited.

(2)For the purpose of this regulation "station sponsorship" means the naming of channels after sponsors. Simulcasting of community radio stations. 12.

(1)It shall be permissible to simulcast a community radio service on a digital radio platform or network for a period not exceeding two years.

(2)Any community radio station which has availed itself of the provisions of sub-regulation

(1)shall not pay any additional licence fees other than those applicable for community radio stations.

(3)No community radio station shall interrupt the period of simulcasting.

(4)On the termination of the two year simulcast period, and provided that the community radio station chooses to migrate to the digital platform, it will cease to operate as a community radio station on the analogue platform. DIGITAL RADIO BROADCASTING [ S.L.350.29 3

(5)During the period of simulcasting, the terms and conditions of the licence issued by the Authority to a community radio station shall remain in force.

1. All licences issued under Digital Radio Broadcasting Regulations * which are still in force on the date of the revocation of the said regulations shall continue to remain valid and shall be regulated by these regulations from that date onwards. *revoked by these Regulations. Saving. L.N. 518 of
2. [ S.L.350.29 4 DIGITAL RADIO BROADCASTING SCHEDULE I [Regulation 3

(2)] APPLICATION FORM FOR A DIGITAL RADIO BROADCASTING SERVICE GENERAL INSTRUCTIONS (

1. a)(
2. b)Applications should be typed. Ten copies of this completed form are required. Only add separate sheets where it is indicated you may do so; otherwise responses must be kept within the space allocated. Appendices giving additional information, or any other material (e.g. cassettes, publicity documents), should not be enclosed unless specifically requested. Failure to comply with these requirements will render the application liable to disqualification. Following the presentation of this application form to the Broadcasting Authority any contact between the applicant and the Authority should only be at the instigation of the Authority. This form, when completed, should be addressed to the Chairman of the Broadcasting Authority. PART I – GENERAL INFORMATION 1a. NAME, ADDRESS AND TELEPHONE NUMBER(S) ORGANISER(S) OF THIS APPLICATION (for contact purposes: maximum two persons). Name

(1)Address Telephone (daytime) mobile fax e-mail

(2)OF MAIN DIGITAL RADIO BROADCASTING [ S.L.350.29 5 1b. LEGAL STATUS OF APPLICANT (see Section 10, subsections

(4)to

(6)of Part III of the Broadcasting Act) 2. CONTENT AND GENRES OF PROGRAMMING This is your 'Promise of Performance'. It should state whether you will have local programming content (only up to one station), the proposed number of retransmitted radio services and their programme genres (e.g. music, sports, etc.) and whether there will be any pay radio services. 3. MEMBERS OF APPLICANT GROUP - overleaf give name, age, address, nationality (if not Maltese) and other activities (e.g. other directorships) of each. Briefly describe personal background and previous experience, especially that which is relevant to running this radio service. [ S.L.350.29 6 3a. DIGITAL RADIO BROADCASTING MANAGING DIRECTOR Name: Address: Age: Nationality: Background/Experience: Telephone: Mobile: fax e-mail 3b. DIRECTORS / MANAGEMENT COMMITTEE For each individual, provide the following information (use additional sheets if necessary) Name: Address: Nationality: Background/Experience: Telephone: Mobile: fax e-mail Age: DIGITAL RADIO BROADCASTING 3c. [ S.L.350.29 7 DESCRIBE HOW, AND WHEN, THE APPLICANT GROUP WAS FORMED, AND HOW IT HAS DEVELOPED Mention any other organisations lending support to this application 8 [ S.L.350.29 DIGITAL RADIO BROADCASTING 4. STAFFING 4 a. Draw up a reporting structure showing station management and organisation, including all intended staff posts, with salaries. (Use additional sheets if necessary). DIGITAL RADIO BROADCASTING [ S.L.350.29 9 4 b. EXECUTIVES / SENIOR STAFF (including those mentioned at Section 3) give name, age, address and nationality (if not Maltese) of any individuals so far appointed or identified for station management or other senior staff posts. Briefly describe personal background and relevant previous experience, and state which post the individual would occupy. (Use additional sheets if necessary). 10 4c. [ S.L.350.29 DIGITAL RADIO BROADCASTING Give total number of (

1. i)full-time and (
2. ii)part-time staff actually employed or to be employed in paid posts. (
3. i)Full-time (
4. ii)Part-time Actually employed To be employed 4d. If appropriate, indicate how voluntary (i.e. unpaid) staff would contribute to the running of the service, and how many volunteers might be involved during a typical week. 5. 5a. PROGRAMMING Make your promise of programming performance, stating the main orientation of the programme service you intend to provide. If possible, quantify in approximate terms the proportions of airtime to be devoted to the main elements of output. 5b. Briefly describe how your proposed programming will differ from, and add to, the choice of radio output already available. DIGITAL RADIO BROADCASTING [ S.L.350.29 11 5c. During which hours of the day do you intend to broadcast? (If different from day to day, please list each day of the week separately). 5d. If you intend to retransmit foreign programme content, please provide details concerning the foreign retransmitted stations (name and country of origin) and please provide the latest programme schedule available with a description of the relative programme content. State also for how many hours per day each retransmitted radio service will be aired. 6. DETAILS CONCERNING THE PLATFORM 6a. Please provide details concerning the platform. On which platform will your programme service be carried? On which digital frequencies will each radio service be broadcast? Name of Radio ServiceFrequency The above list is to be considered to be your channel line up. 6b. Please provide a letter from the platform operator indicating that your service will be carried on such platform and the channel number to be allocated. Digital Radio Pay services In addition to any other approval which might be required under any other law for the provision of digital radio pay services, should you intend to provide pay radio services, please indicate hereunder which of the above channels will be made available on a pay basis. Name of Radio ServiceFrequency Please provide any further information with regard to pay radio services such as the various times which are envisaged, payment structures, etc. 12 [ S.L.350.29 DIGITAL RADIO BROADCASTING 7. EDITORIAL RESPONSIBILITY - EDITOR 7a. Will any person be registered as editor or publisher under the Media and Defamation Act and if so who will that person be? Name and surname: Address: Id. Card No: Tel: fax: e-mail: Changes to the above have to be notified to the Authority three working days prior to effecting any such changes. It is to be noted that all charges issued by the Authority’s Chief Executive for any breach of the Constitution, Broadcasting Act and subsidiary legislation made thereunder, including Broadcasting Authority guidelines, policies and codes of practice shall be issued against the Editor. The Editor shall also ensure compliance for the above. PART II - LOCAL PROGRAMME CONTENT If you intend to apply for a locally originating radio service, please fill in this part of the application form. If you intend to apply for more than one locally originating radio service, please fill Part II of each station. You are permitted to apply for only specialised stations and up to five such stations. If you do not intend to do so for the time being, please fill in the words "NOT APPLICABLE" and move on to Part III of this form. 8. LOCAL PROGRAMMING CONTENT 8a. By which name will the station be known? DIGITAL RADIO BROADCASTING 8b. [ S.L.350.29 13 Do you intend to have a news service. What arrangements will you make to obtain: National news? International news? 8c. Provide an outline on these pages of a proposed typical week’s programming, indicating the times of broadcasting and the length and type of items likely to be included. Indicate also whether any increase in hours is expected, and when. 14 [ S.L.350.29 8c. (contd.) DIGITAL RADIO BROADCASTING DIGITAL RADIO BROADCASTING 8ċ. (contd.) [ S.L.350.29 15 16 [ S.L.350.29 DIGITAL RADIO BROADCASTING 8d. What, if any, are your plans for preparing and broadcasting national information, social action and/or religious programming? Please include details of any proposals for off-air activity, e.g. the provision of training facilities. 8e. If programming in languages other than Maltese is proposed, state which, and give approximate proportions of total output to be broadcast in these languages. DIGITAL RADIO BROADCASTING [ S.L.350.29 17 9. THE AUDIENCE 9a. How large an audience do you expect to attract? Will your station appeal especially to particular groups within the population (if so, say which)? What evidence do you have of public demand for the type of programme service you propose? (If specific audience research has been carried out, use this and a maximum of one additional page to summarise main findings of relevance. Do not include full audience research reports with the application). 18 [ S.L.350.29 DIGITAL RADIO BROADCASTING 9b. By what means would the station plan to keep in touch with the views of its listeners, and their responses and reactions to its services? 9c. Are there any particular organisations or groups within the Maltese islands which you would expect to involve on a regular basis in the station’s programming, or on an advisory basis? DIGITAL RADIO BROADCASTING [ S.L.350.29 19 PART III - FINANCE 10. FINANCIAL ARRANGEMENTS 10a. Applicants should submit a feasibility study analysis covering three

(3)years as a minimum which should include: (

1. i)Projected profit and loss statement - first year per quarter; (
2. ii)Projected cash flow statement - first year per quarter; (iii) Projected balance sheet for the three years; (
3. iv)Projected statement of source and application of funds; (
4. v)Details of assumptions on which feasibility study is based; (
5. vi)Details of financing arrangements; (vii) Details of grants and donations. 20 [ S.L.350.29 DIGITAL RADIO BROADCASTING 10b. Share capital Classes of share capital: Number Par value Issue Price (if different) Voting: Non voting: Other: (Please specify) 10c. Loan Stock If loan stock is to be issued, state the amount and redemption/conversion terms. [ S.L.350.29 DIGITAL RADIO BROADCASTING 21 10d. Set out below the details of all voting shareholders (excluding any nominal membership shares), and holders at 5% or more of non-voting shares and loan stock. (A second page may be added if necessary). Name of Investor Address Invest. € % of total required 22 10e. [ S.L.350.29 DIGITAL RADIO BROADCASTING Describe briefly the method by which share/loan capital is to be raised. (Give details of any proposal to have share capital publicly quoted). 10f. Other loans If appropriate, give details of lender, interest rate and repayment terms. 10g. Bank overdraft facilities If facilities have been provisionally negotiated, attach a supporting letter from the relevant bank. Letter dated Enclosed/Not enclosed (delete as applicable) DIGITAL RADIO BROADCASTING [ S.L.350.29 10h. Details of capital expenditure. 11. CASH FLOW FORECAST In which year of operation is it expected: (
6. i)first to make a trading profit? (
7. ii)to have eliminated all cumulative losses? 12. ADVERTISING AND OTHER REVENUE 12a. What arrangements do you propose for the sale of advertising? 23 24 [ S.L.350.29 DIGITAL RADIO BROADCASTING 12b. Briefly show how you have estimated your annual revenue from the sale of advertising time (taking into account e.g. population coverage, percentage of airtime sold, tariff levels). 12c. Who within the radio station would be responsible for advertising. (Please confirm that he/she will be made familiar with the Code for Advertisements and Sponsorships as laid down in the Third Schedule of the Broadcasting Act). DIGITAL RADIO BROADCASTING [ S.L.350.29 25 12d. If you plan to raise revenue from sources other than the sale of airtime for advertising (e.g. merchandising, commercial production, co-funding, etc.), please list these below: Type/source of revenue Expected annual income (Yr 1) € % of total revenue required 26 [ S.L.350.29 DIGITAL RADIO BROADCASTING 13. APPLICANT’S OTHER INTERESTS 13a. Details are required of the involvement by the applicant group in the activities set out below. For these purposes, the applicant group is defined as its directors (or their equivalent), any company or person with a potential holding of 5% or more of any class of voting share or loan capital, or any subscriber otherwise providing 5% or more of the total funding needs identified in paragraph 7b above. Details should be given under the following broad classifications, showing for each heading the extent of the interest owned, i.e. wholly owned, controlling interest (and size thereof), minority interest (and size thereof). If not applicable, write 'None'. (
8. i)Advertising agencies. (
9. ii)The manufacture of records or the publication of musical works. (iii) The promotion of the broadcasting of sound recordings or of the broadcasting of performance of music works. (
10. iv)The obtaining of employment for theatrical performers or for persons to take part as performers in programmes by way of television or radio. (
11. v)Newspapers, including shareholdings or holdings in a group having substantial control over one or more newspapers. DIGITAL RADIO BROADCASTING [ S.L.350.29 27 13b. Provide details of any connection between the applicant group (as defined above) and the following: (
12. i)Sound broadcasting, television, and allied activities (e.g. wire distribution of sound or television, satellite and cable television) (
13. ii)Places of entertainment or other entertainment activities. (iii) Other connections of a nature relevant or related to broadcasting. (
14. iv)Connections with bodies of a wholly or mainly religious nature. (
15. v)Connections with bodies of a wholly or mainly political nature. 28 14. [ S.L.350.29 DIGITAL RADIO BROADCASTING STUDIOS (Until an offer of licence is made the Authority does not wish to be told which engineering company or consultancy, if any, has been or will be providing advice or services to the applicant). 14a. What is the proposed location (give the actual address, if known) of your studio(s)? What is the property currently used for? 14b. What form of acoustical treatment and isolation do you envisage for your studio(s)? 14c. On a separate sheet, insert a rough scale plan of your studio(s), technical areas and other principal rooms, giving all dimensions. 14d. On a separate sheet, list and price all studio equipment you either have or intend to purchase, giving proforma specifications. 14e. Please add any technical points regarding studios, in addition to those given in sections 12a to 12d. DIGITAL RADIO BROADCASTING [ S.L.350.29 29 14f What arrangements do you propose for linking your studio(
16. s)with the transmitter? 15. READINESS DATE How long after the award of licence would you be ready to start broadcasting? 30 [ S.L.350.29 DIGITAL RADIO BROADCASTING I certify that, to the best of my knowledge, the details given in this application for a licence to provide digital radio broadcasting services are correct, and that I have read the Broadcasting Act and understand the terms under which licences to broadcast are issued. I understand that, if awarded the licence, tape recordings of all output, apart from commercial tapes, records or discs (with timings), will need to be made and retained for ninety days prior to being recycled and that if phone-ins are part of the station’s programming a delay mechanism will need to be installed and instructions given for its use where necessary. Signature: Name (in block capitals): Position within applicant group: DIGITAL RADIO BROADCASTING [ S.L.350.29 31 SCHEDULE II [Regulation 5] 1. Fees to be paid on submission of an application for a digital €1,160 radio service for one locally originating digital radio service: 2. Licence fees applicable on an annual basis as from 1st January 2013: (
17. a)for one locally originating digital radio service €3,000 (
18. b)for a subsequent second and third locally originating €400 per digital radio station station (
19. c)for a subsequent fourth, fifth and sixth locally originating €500 per digital radio station station 3. Licence fees applicable on an annual basis as from 1st January 2014: (
20. a)for one locally originating digital radio service €4,500 (
21. b)for a subsequent second and third locally originating €600 per digital radio station station (
22. c)for a subsequent fourth, fifth and sixth locally originating €750 per digital radio station station 4. Licence fees applicable on an annual basis as from 1st January 2015: (
23. a)for one locally originating digital radio service €7,000 (
24. b)for a subsequent second and third locally originating €700 per digital radio station station (
25. c)for a subsequent fourth, fifth and sixth locally originating €1,000 per digital radio station station Provided that the licence fee for any subsequent station applies if the same company owns, controls or is editorially responsible for the stations. 5. Fees to be paid on the renewal of an application for a digital €3,000 radio service.