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necessary or expedient to do so, advise the President to require the Authority, by notice in writing, to refrain from broadcasting any matter or classes of matter specified in the notice, and it shall be the duty of the Authority and of any person providing broadcasting services to comply with any such notice.

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(4)The Prime Minister may, if it appears to him to be necessary or expedient to do so, advise the President to give directions to the Authority, by notice in writing, as to the maximum time, the minimum time, both the maximum and minimum time, which is to be given each day to broadcasts from any sound or television broadcasting station, and as to the hours of the day in which such broadcasts are or are not to be given, and it shall be the duty of the Authority and of any person providing broadcasting services to comply with any such notice.
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(5)The duties imposed on the Authority by this article shall be without prejudice to the provisions of article 118(8) of the Constitution.
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(6)The powers of the President in terms of this article may only be exercised in so far as they are reasonably justifiable in a democratic society.
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International obligations.

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Amended by:

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XV. 2000.11;

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XV. 2006.15.

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37.(1) The Prime Minister may, by notice in writing, give directions to the Authority to conform, through regulations and directions made or issued in terms of this Act, with any international obligation of Malta.
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(2)The Prime Minister may make regulations: (a) to reserve for works originating in such countries as the Prime Minister may by order prescribe and for works mentioned in article 13(2)(d), proportions or maximum limits of broadcasting transmission time; (b) to reserve a proportion of broadcasting transmission time or of a station’s programming budget for works of independent producers originating in such countries as the Prime Minister may determine; (c) to promote the distribution and production of audio- BROADCASTING visual works and television broadcasts; (d) to regulate the television transmission of events which he considers as being of major importance for society and to order that such events be transmitted via live coverage or deferred coverage on free television accessible to the general public; (e) to define which television broadcasters and which television broadcasting activities fall within the jurisdiction of Malta and to extend the jurisdiction of Malta upon broadcasters and television broadcasting activities so as to render more effective the provisions of this Act or to ensure the implementation of international obligations which Malta assumes or intends to assume; (f) to implement any European Community obligation in matters relating to broadcasting; (g) to prescribe the measures which may be taken in respect of broadcasters or other persons who fail to comply with any regulations made under the preceding paragraphs of this sub-article and to render article 41 applicable to the violation of regulations made under this sub-article.
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(3)Regulations made under sub-article (2) may, for the purpose of the proper implementation and enforcement thereof, provide for the granting of the power to the Broadcasting Authority and to any of its officers and employees to enter and search any premises, to have access to any relevant document in any form, to require any person to supply any relevant information, to carry an on-site inspection, to issue an order to any person to cease from doing any thing which constitutes an infringement of this Act or of any subsidiary legislation made thereunder and to demand from any person an undertaking to desist from doing any such thing and to publish any such undertaking and any decision of the Authority, its officers and employees related to the said subsidiary legislation.
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38.(1) Any person who acts in contravention of any of the provisions of this Act or of any regulation or direction made or given thereunder or fails to abide with any conditions imposed in any licence granted by this Act or to act in conformity with any such licence or any provision of this Act, or regulation or direction made or given thereunder shall be guilty of an offence against this Act and shall, on conviction, be liable to imprisonment not exceeding six months and to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro (11,646) or to both such fine and imprisonment:
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Provided that in the case of a second conviction the penalty shall be not less than a fine (multa) of two thousand and three hundred and twenty-nine euro (2,329) and in the case of a third and subsequent conviction the penalty shall be not less than a fine (multa) of eleven thousand and six hundred and forty-six euro (11,646):

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Offences and penalties.

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Amended by:

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L.N. 424 of 2007.

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BROADCASTING Provided further that in the case of a continuing offence there shall be awarded in addition an additional fine (multa) of not more than two hundred and thirty-two euro (232) for each day during which the offence has continued.

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(2)It shall be the duty of every person who owns or otherwise has in his possession any equipment or other movable thing whatsoever that may be used for the purposes of broadcasting to ensure at all times that such equipment is not used in the making of any broadcast in contravention of the provisions of this Act, and without prejudice to the provisions of any other law relating to forfeiture, any equipment or other movable things whatsoever, whether of the same kind or not, kept or used for or in connection with the provision of broadcasting services in contravention of any of the provisions of this Act or the making of any broadcast in contravention of any of the provisions of this Act, shall be forfeited in favour of the Government, and such forfeiture shall be ordered by the court in any case and whether or not such equipment, or thing are the property of, or are kept or used by, the person convicted or are the property of or are kept or used by any other person whatsoever.
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(3)For the purposes of sub-article (1) a broadcasting contract as is referred to in article 3(4) shall be deemed to be a licence granted under this Act.
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(4)Where an offence against this Act is committed by a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary, or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
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39.(1) No stamp duty shall be payable by the Authority in respect of any instrument, writing or print in respect of which, but for the provisions of this article, duty would be payable by the Authority under the Duty on Documents Act *.
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(2)The income of the Authority shall be exempted from payment of tax under the Income Tax Act.
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(3)The Authority and any of its broadcasting contractors or licensees shall be exempted from obtaining a licence to broadcast under the Electronic Communications (Regulation) Act or a licence to transmit under the Telemalta Corporation Act†.
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Exemptions.

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Amended by:

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XV. 2000.12. *Repealed by Act XVII of 1993 (Chapter 364). †Repealed by Act XXXIII of 1997 (Chapter 399).

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BROADCASTING 40. (1) The Authority shall appoint and license a network operator (hereinafter referred to as \"the network operator\") to run the general interest objective network licensed by the Malta Communications Authority in terms of the Electronic Communications (Regulation) Act.

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(2)The Authority shall decide, following a call for applications, which licensees of general content objective services approved by it shall be carried by the network operator. The first call for applications to be issued by the Authority shall be open to those broadcasting services existing on the 1st December 2010 as free-to-air analogue broadcasters. Following the first call for applications, the Authority may issue a second or subsequent call to assign available channels on the general interest objective network:
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Provided that any public service television service which was broadcasting on the 1st December 2010 shall be automatically considered to qualify for the purposes of this provision as a general interest broadcasting service without the need of applying as aforesaid.

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(3)When making regulations to establish criteria for evaluating an application for a general interest nationwide t e l e v i s i o n b r o a d c a s t i n g s e r v i c e , t h e P r i m e M i n i s t e r, a f t e r consultation with the Authority, shall consider the following criteria: (a) general criteria concerning quality programming across the full range of public tastes and interests; (b) programming of an educational and cultural nature; (c) news and current affairs programming; (d) a comprehensive and accurate information service in the interests of a democratic and pluralistic society.
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(4)The Authority shall determine the channel line up on the general interest objective network from amongst the general interest broadcasting content licensees and the network operator shall comply with such determination. The Authority’s decision shall be final.
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(5)Notwithstanding the provisions of any other law, general interest objective service licensees broadcasting on the general i n t e r e s t o b j e c t i v e n e t w o r k s h a l l o ff e r f r e e o f c h a rg e t h e i r broadcasting content to such electronic communications networks as the Authority may from time to time direct or approve.
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(6)The Authority may make regulations to give better effect to the provisions of this article and may, without prejudice to the generality of the foregoing, make regulations in respect of the determination of disputes between the network operator and the general interest objective service, the regulation of the general interest objective network in order to ensure that the network operator abides by the provisions of this article and any regulations made thereunder and, generally to ensure that an uninterrupted service is provided by the network operator:
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Provided that in the case of a dispute between the network General interest objective network operator and general interest broadcasting content licensees.

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Substituted by:

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XV. 2000.13;

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VIII. 2011.13.

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BROADCASTING operator and a general interest objective service licensee, such disputes shall be referred to a standing arbitral tribunal to be composed of one person appointed by the Broadcasting Authority who shall preside, one person appointed by the Malta Communications Authority and one person appointed in agreement between the Broadcasting Authority and the Malta Communications Authority. The said tribunal shall decide the complaint as expeditiously as possible and its decision shall be final.

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(7)The Authority shall approve the conditions and fees imposed on the contract entered into between the network operator and the general interest objective service.
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Special administrative procedure.

\n

Added by:

\n

XV. 2000.14.

\n

Amended by:

\n

L.N. 424 of 2007.

\n
41.(1) Notwithstanding any other provision of this Act, the offences listed in the First Column of the Fifth Schedule to this Act shall be administrative offences punishable by the Authority.
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(2)The imposition by the Authority of an administrative sanction in terms of this article shall be without prejudice to any other consequences of the act or omission of the offender under civil or administrative law.
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(3)The Authority shall observe the guarantees of fair and public hearing in its determination as to whether a person is guilty of an administrative offence in terms of this article.
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(4)When the Authority is satisfied that a person has committed an offence against any provision of this Act listed in the First Column of the Fifth Schedule to this Act, the Authority may (a) issue a warning in writing to such person; or (b) direct such person not to broadcast for a specified period of time and, if the Authority so directs, it shall order such person to transmit free of charge during the time within which it is not broadcasting a notice to the effect that the station in question has been put off air for such period of time by order of the Authority in terms of this paragraph; or (c) impose an administrative penalty on such person in accordance with the penalties established in the Second Column of the Fifth Schedule to this Act and subject to the provisions of paragraph 1 of the said Schedule:
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Provided that the Authority may not require the payment of a penalty higher than eleven thousand and six hundred and forty-six euro (11,646) or such other amount which the Prime Minister may by order prescribe which amount shall not exceed the sum of thirty-four thousand and nine hundred and forty euro (34,940) and the Authority shall not impose on such person who is found guilty of more than one offence in the same charge the payment of a penalty higher than eleven thousand and six hundred and forty-six euro (11,646) or such other amount which may be BROADCASTING prescribed by the Prime Minister as aforesaid:

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Provided further that the Authority may also impose a suspended penalty which penalty shall be paid within such period as the Authority may establish.

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The Authority may also determine such conditions, limitations and restrictions both with regard to the penalty and the suspended penalty as it may deem fit; or (d) apply separately or concurrently the measures mentioned in paragraphs (b) and (c) against such person.

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(5)Where a notice of a charge under this article has been given, the person named in the notice may, within such period as the Authority may approve from the date of the service of the notice, accept responsibility for the offence specified in the notice and, within the same period or such further period as the Authority may allow, remedy the offence and pay, or undertake in writing to pay, the penalty indicated in the notice or such penalty as the Authority may accept in accordance with the provisions of the Fifth Schedule to this Act, and in any such case (a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof, and the penalty paid, or agreed to be paid, shall be the penalty mentioned in the Third Column of the Fifth Schedule to this Act; (b) if the offence is remedied and the penalty is paid within the period, or further period, aforesaid, no further proceedings may be taken against the said person in respect of the same facts; (c) if the penalty is not paid within the period given in the notice, or further period as the Authority may establish, the Authority may, without prejudice to its right to collect the penalty, also apply the provisions of sub-article (4)(b).
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(6)The Authority’s decision shall be final; provided that compliance with the Authority’s decision shall not be interpreted as a renunciation to the right to seek judicial review.
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(7)A synopsis of the Authority’s decision in terms of this article shall be broadcast in the main news bulletin of the offending broadcasting station or during such time as the Authority may direct.
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(8)Any administrative penalty imposed by the Authority or agreed to by the accused in terms of this article shall be due to the Authority as a civil debt, constituting an executive title for the purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure as if payment of the amount of the fine had been ordered by a judgement of a court of civil jurisdiction.
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(9)The de-penalisation of the offences listed in the Fifth Schedule to this Act shall be without prejudice to any criminal BROADCASTING offence committed prior to the coming into force of this article and to liability to prosecution and punishment for the same according to the law in force at the time of the offence:
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Provided that in any such proceedings the accused may, at any time before the case is put off for judgement, elect to avail himself of the possibility of paying a reduced administrative penalty in lieu of prosecution in accordance with the Fifth Schedule to this Act and, upon proof of payment of the said penalty, such proceedings shall cease and no further proceedings may be taken against the accused in respect of the same facts.

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(10)The Authority may in conjunction with the Prime Minister make regulations to give better effect to the provisions of this article and may also amend or substitute the Fifth Schedule to this Act, whether in part or in whole.
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BROADCASTING FIRST SCHEDULE Article 16 (3) Amended by:

\n

XV. 2000.15.

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Substituted by:

\n

VIII. 2011.14.

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PURPOSES FOR WHICH PROVISION IS TO BE MADE IN LICENCES AND CONTRACTS FOR THE PROVISION OF BROADCASTING SERVICES 1.

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A licence shall include (a) such conditions as appear to the Authority to be appropriate having regard to any duties which are or may be imposed on the Authority itself, or on the licensee, by or under this Act; (b) conditions enabling the supervision and enforcement of technical standards in connection with the provision of the licensed service (including the use of the allocated frequency); (c) conditions requiring the payment by the licensee (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined; (d) conditions requiring the licensee to furnish the Authority, in such manner and at such times as it may reasonably require, with such information (including documents, returns, accounts and declarations) as it may require for the purpose of exercising the functions assigned to it by or under this Act; (e) conditions requiring the licensee, if found by the Authority to be in breach of any condition of his licence, to reimburse to the Authority, in such circumstances as are specified in any conditions, any costs reasonably incurred by it in connection with the breach of that condition; (f) conditions providing for such incidental and supplemental matters as appear to the Authority to be appropriate; and (g) conditions requiring licensees, other than those providing community radio services, within each financial year, to present to the Authority copies of their audited accounts for the previous financial year, a declaration as of the 31st December of each year as to the licensees’ affairs/corporate structures as well as reports on the state of public opinion concerning their programme services.

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2.

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A licence shall also include (a) conditions requiring the licensee (i) to comply with any direction given by the Authority as to such matters as are specified in the licence or are of a description so specified; (ii) (except to the extent that the Authority consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified; (iii) to comply with the programme service (\"promise of performance\") as approved by the Authority; (b) conditions requiring the licensee to permit (i) any employee of, or person authorised by, the Authority, or BROADCASTING (ii) any officer of, or person Communications Authority, authorised by, the Malta to enter any premises which are used in connection with the broadcasting of the licensed service and to inspect, examine, operate or test any equipment on the premises which is used in that connection; and (c) conditions requiring the licensee (i) to retain, for a period of ninety days, a recording of every programme included in the licensed service; (ii) at the request of the Authority or of a court of law, to produce to it any such recording; (iii) to retain, for a period of one year, a transcript of every news programme included in the licensed service; (iv) at the request of the Authority or of a court of law, to produce to it any such news transcript and any other script or transcript of a programme included in the licensed service which he is able to produce to it; (v) to keep full logs for a twelve month period of all transmissions of the licensed service; (vi) at the request of the Authority, or of a court of law, to produce to it such logs; (vii) to adopt procedures to handle complaints from viewers and listeners.

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3.(1) A licence for community radio services shall include conditions preventing the licensee from (a) utilising any of the frequencies allocated to Malta in terms of international agreements; (b) interfering with any national broadcasting station received in Malta whether originating from Malta or from abroad; (c) interfering with any of the nationwide radio services; (d) having more power than is reasonably required for the purpose of transmission. The Authority shall, in conjunction with the Malta Communications Authority, establish such amount of reasonable power and, in doing so, shall take into account the variations which occur from place to place due to the topography of the locality involved; (e) including anything in programmes which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling; (f) transmitting news or current affairs programmes except of a community nature; and (g) utilising an allocated frequency for less than twenty hours per week.
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(2)Such a licence for community radio services shall also contain, where applicable: (a) conditions enabling the supervision and enforcement of technical standards by the Authority following consultation with the Malta Communications Authority in connection with the provision of the licensed service (including the use of the allocated frequency); and BROADCASTING (b) conditions approved by the Authority following consultation with the Malta Communications Authority relating to the broadcasting equipment to be used by the licensee.
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4.

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A broadcasting licence may also include such other conditions as the Authority deems necessary including conditions relating to programme quality standards and minimum technical standards to ensure acceptable quality broadcasting.

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SECOND SCHEDULE Article 11(1)(c) Amended by:

\n

XV. 2000.16.

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NATIONAL BROADCASTING PLAN (Deleted by Act VIII. 2011.15.) THIRD SCHEDULE Article 19(2) Substituted by:

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L.N. 159 of 2000;

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L.N. 245 of 2001.

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Amended by:

\n

L.N. 134 of 2002;

\n

L.N. 174 of 2008.

\n

Substituted by:

\n

L.N. 321 of 2010.

\n

Amended by:

\n

VIII. 2011.19;

\n

LVI. 2020.19.

\n

CODE FOR ADVERTISEMENTS AND TELESHOPPING FOR RADIO AND TELEVISION BROADCASTS Radio and television broadcasts shall comply with the following rules:

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General standards 1.

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Advertising and teleshopping shall not, except as authorized under a scheme of political broadcasts approved by the Authority in terms of article 13(4) of this Act, and irrespective of whether they are broadcast in return for payment or for similar consideration or otherwise, be of a political nature.

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2.

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No person who is authorised to broadcast commercial advertising or teleshopping shall confine such advertising and teleshopping to goods or services of a sole commercial or financial group or grant any exclusive right for the commercial advertising of a specific product or service.

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3.

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In the acceptance of advertisements and teleshopping there shall be no unreasonable discrimination either against or in favour of any particular advertiser.

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Forms and presentation 4.

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Advertising and teleshopping shall be readily recognisable and distinguishable from editorial content. Sponsorship of news and current affairs BROADCASTING programmes on radio shall be prohibited.

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5.

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Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be kept quite distinct from other parts of the programme by optical and, or acoustic and/or spatial means.

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6.

\n

Isolated television advertising and teleshopping spots shall be admissible in sports events. Isolated television advertising and teleshopping spots, other than in transmissions of sports events, shall remain the exception.

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7.

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Successive advertisements and teleshopping shall be recognisably separate in particular techniques such as those described in article 19 of this Act.

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8.

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Advertisements and teleshopping shall not be arranged or presented in such a way that any separate advertisement appears to be part of a continuous feature.

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9.

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Audible matter in advertisements and teleshopping shall not be excessively noisy or strident.

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Insertion of advertisements and teleshopping 10.

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Advertising and teleshopping shall be inserted between programmes:

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Provided the conditions contained in paragraph 11 are fulfilled, advertising and teleshopping may also be inserted during programmes in such a way that the integrity and value of the programme, taking into account natural breaks in, and the duration and nature of the programme, and the rights of the rights holders, are not prejudiced.

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11.The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising, teleshopping, or both, once for each scheduled period of at least 30 minutes.
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Advertising and teleshopping of particular products 12. Teleshopping for medicinal products and teleshopping for medical treatment, shall be prohibited.

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13.Advertising and teleshopping for all other medicines and medical treatment shall be clearly distinguishable as such, honest, truthful and subject to verification, and shall comply with the requirements of protection of the individual from harm.
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14.Advertising and teleshopping for alcoholic beverages shall comply with the following criteria: (a) it may not be aimed specifically at minors or, in particular, depict minors acquiring or consuming such beverage; (b) it shall not link the consumption of alcohol to enhanced physical performance or to driving; (c) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success; (d) it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, or sedative, or a means of resolving personal conflicts; (e) it shall not encourage immoderate consumption of alcohol or present abstinence therefrom or moderation therein in a negative light; (f) Duration it shall not place emphasis on high alcoholic content as being a positive quality of the beverages.
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BROADCASTING 15. The proportion of television advertising spots and teleshopping spots within the period between 6.00 a.m. and 6.00 p.m. shall not exceed 20% of that period. The proportion of television advertising spots and teleshopping spots within the period between 6.00 p.m. and 12.00 a.m. shall not exceed 20% of that period.

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16.

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Paragraph 15 shall not apply to: (a) announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes and audiovisual media services from other entities belonging to the same broadcasting group; (b) sponsorship announcements; (c) product placements; (d) neutral frames between editorial content and television advertising or teleshopping spots, and between individual spots.

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17.The amount of time given to advertising on radio services shall not exceed twenty-five per centum within one hour period, provided that part of such advertising time may be aggregated to a continuous period not exceeding two hours in each twelve hou period. For the purposes of this Schedule, a twelve hour period shall be understood to mean between 06.00 and 17.59 hours and between 18.00 and 05.59 hours.
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Exemptions 18.

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Paragraphs 10, 11 and 15 shall not apply to radio services.

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Teleshopping for both non-Teleshopping Television Stations and for Television Stations exclusively licensed for teleshopping 19. Teleshopping offers of any kind shall contain the direct offer for sale to the public within the teleshopping transmission itself. Where the offer for sale is only contained elsewhere (such as in a teletext service) the material may not be classed as teleshopping.

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20.\"Direct offer\" means the form of advertising for the supply of any product or service offering detailed explanations and promotion of advantages. A teleshopping offer may solicit the purchase, sale or lease of products or services through contact with the commercial distributors or service provider either by telephone or by any electronic means.
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21.Teleshopping shall not use the same scenography of other non-advertising programmes and shall not be presented by anchormen/women engaged in television news or current affairs features.
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22.

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The use of encoded messages shall be forbidden during a teleshopping offer.

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23.The price of the product or service offered shall be provided during a teleshopping offer and the address from where business is conducted shall not be broadcast either orally or graphically:
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Provided that in the case of a distance contract concluded following a direct offer made through a teleshopping window, it shall be the duty of the broadcaster to provide the address of the trader only in cases of contracts requiring payment in advance.

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24.The station which broadcasts a teleshopping window shall keep a record of the identity and the address of the trader who sells a product or a service during a teleshopping window, should a viewer who has purchased a product or service request such information.
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25.

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BROADCASTING During a teleshopping offer it shall be permissible: (a) to inform the viewer that the advertised product or service will be sent to the address of the person who responds to the teleshopping offer; (b) to describe the advertised product or service which will be provided and to announce its functions and its price.

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26.All forms of teleshopping and competitions shall not be permitted during a teleshopping offer.
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27.A direct offer is always bound with the possibility of direct response, identified by a telephone number. In the case of a television broadcast, one or more telephone numbers which the buyer may call to purchase a particular product or service may be displayed on screen. The numbers may be of a call centre, a warehouse, the studio, the station itself or another place from where the consumer’s needs may be met.
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28.The expression \"optical means\" in paragraphs 5, 31 and 37 of this Schedule includes titles, written words, graphic and coloured images, logos, and abbreviations of the expression \"teleshopping\" and also includes a telephone number. The expression \"acoustic means\" in paragraphs 5, 31 and 37 includes spoken words, jingles or music parts.
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29.Any regulations made under the provisions of article 7 of the Consumers Affairs Act, regulating distance selling, where applicable, shall also apply to teleshopping.
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30.

\n

Teleshopping applies only to television services and not to radio services.

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Teleshopping for Non-Teleshopping Television Stations 31. Windows devoted to teleshopping broadcast by a channel not exclusively devoted to teleshopping shall be clearly identified as such by optical and acoustic means and shall be of a minimum uninterrupted duration of 15 minutes.

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32.As teleshopping is a form of distance selling, editorial material shall be kept separate from editorial or non-commercial elements.
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33.

\n

No advertisements may be broadcast within teleshopping windows.

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34.Without prejudice to the provisions of paragraph 29, respondents to teleshopping offers shall have the right to return the product within 15 days from the date of sale to the sales agent. During a teleshopping offer the presenter shall, at the beginning of the teleshopping, inform viewers of such right.
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35.(1)Teleshopping spots may not be broadcast before or after children’s programmes.
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(2)The transmission of children's programmes may be interrupted by television advertising once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the programme is greater than 30 minutes. The transmission of teleshopping shall be prohibited during children's programmes. No television advertising or teleshopping shall be inserted during religious services.
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Teleshopping for Television Stations exclusively licensed for Teleshopping 36. Stations that are exclusively devoted to teleshopping shall not transmit any other type of programme apart from teleshopping offers.

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37.Teleshopping shall be identified by both optical and acoustic means. A specific announcement shall precede and end the teleshopping offers. As for the quality of the signals given, they shall be suited for drawing the audience’s attention BROADCASTING to the fact that a teleshopping offer is being broadcast.
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38.The provisions of this Act, other than regulations made under article 37(2) of this Act, shall apply mutatis mutandis to channels exclusively devoted to advertising and teleshopping and television channel exclusively devoted to selfpromotion.
\n
39.The provisions of paragraphs, 10, 11, 15 and 16 of this Schedule and regulation 5 of the Broadcasting (Jurisdiction and European Co-operation Regulations (S.L. 350.04) shall not apply to the channels mentioned in paragraph 38 of this Schedule.
\n

40.

\n

This Schedule is without prejudice to any law in force in Malta.

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FOURTH SCHEDULE

\n

Article 35Amended by:

\n

L.N. 424 of 2007.

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A. APPLICATION FORM FOR A VHF/FM NATIONWIDE SOUND BROADCASTING RADIO SERVICE (a) Applicants are requested to note that they will be required to use the VHF/ FM Master Antenna System which is to be installed at the existing television antennae site at G]arg]ur. (b) Applications should be typed. Twelve 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.

\n

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. (c) This form, when completed, should be addressed to the Chairman of the Broadcasting Authority.

\n

1a. PROPOSED STATION NAME (or name by which the applicant is usually known).

\n

BROADCASTING (a) Applicants are requested to note that they will be required to use the VHF/ FM Master Antenna System which is to be installed at the existing television antennae site at G]arg]ur. (b) Applications should be typed. Twelve 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.

\n

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. (c) This form, when completed, should be addressed to the Chairman of the Broadcasting Authority.

\n

1b. NAME, ADDRESS AND TELEPHONE ORGANISER(S) OF THIS APPLICATION (for contact purposes: maximum two persons).

\n

Name (1) Address Telephone (daytime)

\n
(2)NUMBER(S) OF MAIN BROADCASTING 1c. LEGAL STATUS OF APPLICANT (see Article 10, sub-articles (4) to (6) of Part III of the Broadcasting Act, 1991).
\n

2.

\n

CONTENT AND STYLE OF PROGRAMMING (maximum 60 words) (This is your ‘Promise of Performance’- see Article 5a of this form).

\n

3.

\n

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.

\n

BROADCASTING 3a. MANAGING DIRECTOR Name:

\n

Age:

\n

Address:

\n

Nationality:

\n

Background/Experience:

\n

3b. DIRECTORS / MANAGEMENT COMMITTEE For each individual, provide the following information (use additional sheets if necessary) :

\n

Name:

\n

Address:

\n

Nationality:

\n

Background/Experience:

\n

Age:

\n

BROADCASTING 3c. DESCRIBE HOW, AND WHEN, THE APPLICANT GROUP WAS FORMED, AND HOW IT HAS DEVELOPED.

\n

Mention any other organisations lending support to this application.

\n

4.

\n

BROADCASTING STAFFING 4 a. Draw up a reporting structure showing station management and organisation, including all intended staff posts, with salaries. (Use one additional sheet if necessary).

\n

BROADCASTING 4 b.

\n

EXECUTIVES / SENIOR STAFF (including those mentioned at Article

\n
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).
\n

BROADCASTING 4c. Give total number of (i) full-time and (ii) part-time staff actually employed or to be employed in paid posts. (i) Full-time (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 station, and how many volunteers might be involved during a typical week.

\n

5.

\n

PROGRAMMING 5a. Make your promise of programming performance, stating, in not more than sixty words, the precise nature 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. (Please use same wording as in

\n

Article 2)

\n

5b. Briefly describe how your proposed programming will differ from, and add to, the choice of radio output already available.

\n

BROADCASTING 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).

\n

5d. Do you intend to broadcast any programmes obtained from a source other than your own radio station? YES___ NO ___ IF YES, STATE:

\n

When? (State times of day) For how many hours per week in total?

\n

From what source(s)? (State number of hours per source) (N ote: If t he sh ari ng of a frequen cy b etween a num ber o f different contributing groups is planned, please provide an outline of the sharing arrangements proposed, as part of the response to Article 5f below).

\n

5e. What arrangements will you make to obtain:

\n

National news?

\n

International news?

\n

BROADCASTING 5f. 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.

\n

BROADCASTING 5 f. (contd.) 5 f. (contd.) BROADCASTING BROADCASTING 5g. 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.

\n

5h. If programming in languages other than Maltese is proposed, state which, and give approximate proportions of total output to be broadcast in these languages.

\n

6.

\n

THE AUDIENCE BROADCASTING 6a. 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.

\n

Do not include full audience research reports with the application).

\n

BROADCASTING 6b. 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?

\n

6c. 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?

\n

7.

\n

BROADCASTING FINANCIAL ARRANGEMENTS 7a. Applicants should submit a feasibility study analysis covering three (3) years as a minimum which should include: (i) Projected profit and loss statement - first year per quarter; (ii) Projected cash flow statement - first year per quarter; (iii) Projected balance sheet for the three years; (iv) Projected statement of source and application of funds; (v) Details of assumptions on which feasibility study is based; (vi) Details of financing arrangements; (vii) Details of grants and donations.

\n

BROADCASTING 7b. Share capital Classes of share capital:

\n

Number Par value Issue Price (if different) Voting:

\n

Non voting:

\n

Other: (Please specify) 7c. Loan Stock If loan stock is to be issued, state the amount and redemption/conversion terms.

\n

BROADCASTING 7d. 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).

\n

Name of Investor Address Invest. € % of total required BROADCASTING 7e. Describe briefly the method by which share/loan capital is to be raised. (Give details of any proposal to have share capital publicly quoted).

\n

7f. Other loans If appropriate, give details of lender, interest rate and repayment terms.

\n

7g. Bank overdraft facilities If facilities have been provisionally negotiated, attach a supporting letter from the relevant bank.

\n

Letter dated Enclosed/Not enclosed (delete as applicable) BROADCASTING 7h. Details of capital expenditure.

\n

8.

\n

CASH FLOW FORECAST In which year of operation is it expected: (i) first to make a trading profit? (ii) to have eliminated all cumulative losses?

\n

9.

\n

ADVERTISING AND OTHER REVENUE 9a. What arrangements do you propose for the sale of advertising?

\n

BROADCASTING 9b. 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).

\n

9c. 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 1991).

\n

BROADCASTING 9d. 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:

\n

Type/source of revenue Expected annual income (Yr 1) € % of total revenue required BROADCASTING 10. APPLICANT’S OTHER INTERESTS 10a. 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’. (i) Advertising agencies. (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. (iv) The obtaining of employment for theatrical performers or for persons to take part as performers in programmes by way of television or radio. (v) Newspapers, including shareholdings or holdings in a group having substantial control over one or more newspapers.

\n

BROADCASTING 10b. Provide details of any connection between the applicant group (as defined above) and the following: (i) Sound broadcasting, television, and allied activities (e.g. wire distribution of sound or television, satellite and cable television). (ii) Places of entertainment or other entertainment activities. (iii) Other connections of a nature relevant or related to broadcasting. (iv) Connections with bodies of a wholly or mainly religious nature. (v) Connections with bodies of a wholly or mainly political nature.

\n

BROADCASTING 11. TRANSMITTERS AND OTHER EQUIPMENT (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).

\n

11a. Assuming that you will be required to use a VHF/FM Master Antenna System and that this would be installed at the existing TV antennae site, G]arg]ur, give details of the coverage pattern and power and signal level you envisage to provide a good quality signal within the Maltese Islands.

\n

11b. On a separate sheet, list and price all transmitting equipment you either have or intend to purchase, giving performance specifications.

\n

11c. What test equipment do you propose using, and how will you monitor and control important parameters of the signal, including frequency, power, spurious radiation and modulation level?

\n

11d. Please add any technical points regarding transmission, in addition to those given in articles 11a and 11b, including whether you wish to broadcast in stereo.

\n

Mono Stereo 11e. Are you currently using any VHF/FM frequencies or have you any preference for any particular frequency?

\n

BROADCASTING 12. 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).

\n

12a. What is the proposed location (give the actual address, if known) of your studio(s)? What is the property currently used for?

\n

12b. What form of acoustical treatment and isolation do you envisage for your studio(s)?

\n

12c. On a separate sheet, insert a rough scale plan of your studio(s), technical areas and other principal rooms, giving all dimensions.

\n

12d. On a separate sheet, list and price all studio equipment you either have or intend to purchase, giving proforma specifications.

\n

12e. Please add any technical points regarding studios, in addition to those given in articles 12a to 12d.

\n

BROADCASTING 12f. What arrangements do you propose for linking your studio(s) with the transmitter?

\n
13.READINESS DATE How long after the award of licence would you be ready to start broadcasting?
\n

What are the main factors that will determine your readiness date?

\n

BROADCASTING I certify that, to the best of my knowledge, the details given in this application for a licence to provide sound broadcasting services are correct, and that I have read the Broadcasting Act 1991 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 phoneins are part of the station’s programming a delay mechanism will need to be installed and instructions given for its use where necessary.

\n

Signature:

\n

Name (in block capitals):

\n

Position within applicant group:

\n

BROADCASTING B. APPLICATION EVALUATION FORM FOR A VHF/FM NATIONWIDE SOUND BROADCASTING RADIO SERVICE (For Broadcasting Authority use) PROPOSED STATION NAME:

\n

MARKING Very QUESTION Very Good Good Ave.

\n

Poor Poor ASSESSMENT: KEY POINTS ONLY MARK (1-5)

\n

SECTION A: GROUP AND STAFFING

\n

3a Managing Director assess suitability and expertise (Mark 2 if no Managing Director or equivalent named) 3b Directors (excluding MD): assess expertise and local involvement 3c History of group: assess depth of commitment 4a, c-d Staffing: assess practicality in programming and financial plans. relation to BROADCASTING QUESTION ASSESSMENT: KEY POINTS ONLY

\n

SECTION A:

\n

GROUP AND STAFFING (contd.) 4b Executives (including MD): assess expertise and background of individuals mentioned (Mark 2 if no executives are named)

\n

SECTION B:

\n

PROGRAMMING 5a Programming approach: assess coherence, as outlined in promise of performance 5b Diversity: assess degree to which proposals would genuinely increase choice available to listeners 5c-d Independence and co-operation: assess practicality of plans to ‘go it alone’ or to draw upon outside resources MARK (1-5) BROADCASTING QUESTION ASSESSMENT: KEY POINTS ONLY

\n

SECTION B:

\n

PROGRAMMING (contd.) 5e-h Programming plans: assess realism in fulfilling performance brief 6a Audience demand: assess validity of evidence for audience targeting proposed 6b-c Audience involvement: assess degree to which applicant is in touch with audience

\n

SECTION C:

\n

FINANCE 7a (i) to (vii) Financial Arrangements: assess feasibility study analysis 7b Share Capital MARK (1-5) BROADCASTING QUESTION ASSESSMENT: KEY POINTS ONLY

\n

SECTION C:

\n

FINANCE (contd.) 7c Loan Stock (Mark 2 if none) 7d Details of voting 7e Method by which share/loan capital is to be raised 7f Other loans (Mark 3 if none) 7g Bank overdraft facilities MARK (1-5) BROADCASTING QUESTION ASSESSMENT: KEY POINTS ONLY

\n

SECTION C:

\n

FINANCE (contd.) 7h Details of capital expenditure Cash flow: assess forecast 9a-d Revenue:

\n

EITHER assess advertising revenue projections OR assess credibility of alternative proposals for generating income Applicant’s other interests: do these present any potential difficulties (and if so, say what these are)? (Mark 4 for no difficulties, 2 for minor difficulties, 1 for major difficulties) MARK (1-5) BROADCASTING QUESTION ASSESSMENT: KEY POINTS ONLY

\n

SECTION D:

\n

ENGINEERING 11a Coverage pattern, power and signal level, quality of signal: assess conclusions 11b Transmitting equipment: assess suitability for task 11c Testing equipment: assess suitability (NB Incorporate any points in 11d within assessments of 11a-c) 12a Studio location: assess practicality 12b Acoustical standards: assess provision MARK (1-5) BROADCASTING QUESTION ASSESSMENT: KEY POINTS ONLY

\n

SECTION D:

\n

ENGINEERING (contd.) 12c Studio plans: assess 12d Studio equipment: assess (NB Incorporate any points in 12e within assessments of 12a-d) Readiness date: enter date proposed (Mark 4 if feasible, 2 if unlikely, 1 if impossible) MARK (1-5) C.

\n

BROADCASTING TECHNICAL CONDITIONS RELATING TO THE ESTABLISHMENT AND OPERATION OF A VHF / FM STATION FOR A NATIONWIDE SOUND BROADCASTING RADIO SERVICE IN THE FREQUENCY BAND 87.5 T0 108.0 MHZ CONTENTS Purpose.

\n

General.

\n

Definitions.

\n

Abbreviations.

\n

Transmitter Construction.

\n

Transmission Characteristics.

\n

Artificial Antenna.

\n

Safety and Weather Protection.

\n

Station Certification.

\n

Station access and Personnel.

\n

Connection to Public Telecommunications Circuits.

\n

Environmental Conditions.

\n

Power Supply.

\n

Documentation.

\n

Transmitter Load Protection.

\n

Site in the National Plan for VHF/FM Nationwide Sound Broadcasting Radio Service.

\n

Changes to characteristics of frequency assignments.

\n

BROADCASTING 1.

\n

PURPOSE This document specifies the technical conditions attached to a licence issued under the Broadcasting Act 1991 for the establishment and operation of a VHF

\n
-FM station for a Nationwide Sound Broadcasting Radio Service in the frequency band 87.5 to 108 MHz.
\n

2.

\n

GENERAL 2a.

\n

These technical conditions detail those characteristics of the equipment that need to be considered for the purposes of frequency spectrum management and safety and do not include detailed equipment specifications.

\n

2b.

\n

Type approval of equipment is not envisaged. Instead a procedure of station certification, by a qualified person (see article 9) will apply.

\n

2c.

\n

Revision of the technical requirements specified in this document may be required from time to time.

\n

2d.

\n

Even though a system may satisfy the requirements specified in this document at the time of authorisation, international agreements may necessitate additional requirements/restrictions for any station.

\n

3.

\n

DEFINITIONS 3a.

\n

Current Radio Regulations The current Radio Regulations are \"The Radio Regulations edition of 1990\"

\n

3b.

\n

Geneva 84 Plan The Geneva 1984 Plan is the \"Final Acts of the Regional Administrative Conference for the planning of VHF Sound Broadcasting, Geneva 1984\".

\n

3c.

\n

Assignment (of a radio frequency or radio frequency channel) A radio frequency or radio frequency channel for which authorisation has been received for its use at a specified station with specified characteristics.

\n

3d.

\n

Effective Radiated Power (e.r.p.) The Effective Radiated Power, in a given direction, is the product of a power supplied to the antenna and its gain relative to a half-wave dipole.

\n

3e.

\n

Authority Authority means the Broadcasting Authority.

\n

4.

\n

ABBREVIATIONS IEC

\n
-International Electrotechnical Commission EBU
\n
-European Broadcasting Union RDS
\n
-Radio Data Systems CCIR
\n
-International Radio Consultative Committee BROADCASTING 5.
\n

TRANSMITTER CONSTRUCTION 5a.

\n

General The mechanical and electrical construction shall meet such requirements as can be reasonably set, taking the state of the art into account. (See also Article 8 \"Safety and Weather Protection\").

\n

All controls, meters, indicators and terminals shall be clearly labelled. Details of the power supply from which the equipment is intended to operate shall be clearly indicated. The equipment should normally consist of one complete unit.

\n

5b.

\n

Controls There shall be a control to switch \"on\" and \"off\" the power to the entire installation. The \"on\" position shall be clearly indicated.

\n

Controls which, when wrongly adjusted, increase the risk of causing interference or of improper functioning of the transmitter shall not be immediately accessible to the user.

\n

5c.

\n

Manufacturer’s Identification The transmitter shall be provided with an indication showing the manufacturer’s trade mark, type designation and serial number. The indication shall be fitted on the outside of the transmitter, shall be clearly readable, unremovable and indelible.

\n

6.

\n

TRANSMISSION CHARACTERISTICS 6a.

\n

Frequency Aspects The equipment shall be designed to operate on the assigned frequency in the frequency band 87.5 to 108 MHz only.

\n

In accordance with Appendix 7 of the current Radio Regulations the frequency tolerance shall be within +/ - 2KHz of the nominal value specified in the licence.

\n

The transmit-frequency shall be derived from a crystal-oscillator. If use is made of a synthesizer and/or a phase locked loop system, the transmitter shall be inhibited when synchronisation is absent. The transmitter frequency adjustment control shall not be easily accessible to the user.

\n

6b.

\n

Spurious and Harmonic Emissions With the transmitter operating at any power up to its specified power level into its designed load impedance, the level of any spurious or harmonic emissions in the frequency range 100KHz to 2GHz, excluding the range +/-300KHz relative to the unmodulated carrier frequency, shall not exceed a value of 70dB below the unmodulated carrier power. However in the band 108 - 118 MHz the level of any spurious emissions shall be limited to not more than 77dB below the unmodulated carrier.

\n

6c.

\n

Class of Emission, Bandwidth, and Modulation Standards (i) Modulation Standards.

\n

In accordance with the Geneva 84 Plan (Chapter 3), the transmission system used shall be either System1: monophonic (with maximum frequency deviation +/- 75KHz) or System 4: Stereophonic pilot tone system (maximum frequency deviation +/- 75KHz).

\n

BROADCASTING (ii) System 1: Monophonic Transmission.

\n

The radio-frequency signal consists of a carrier frequency modulated by the sound signal after preemphasis with a maximum frequency deviation of +/- 75KHz. (iii) System 4: Stereophonic Transmission.

\n

The radio-frequency signal consists of a carrier frequency modulated by baseband signal according to the specifications of the pilot-tone system.

\n

The maximum frequency deviation is +/-75KHz. (iv) Pre-emphasis and low pass filter.

\n

The transmitter must be provided with a pre-emphasis filter with a timeconstant of 50 microseconds, combined with a low-pass filter with an attenuation of at least 30dB at an input modulation frequency of 20 KHz, relative to the level at 1 KHz. (v) Permitted subcarriers for the transmission of supplementary information.

\n

The addition of a sub-carrier on 57 KHz for the transmission of supplementary information using the Radio Data System (RDS) specified in EBU Document Tech. 3244 is considered as being included in the above designation of Emission and permitted Bandwidth. However prior approval must be obtained from the Authority for the use of this system.

\n

6d.

\n

LF input and RF output impedance The nominal LF input impedance shall be 600 Ohms balanced to earth within the modulation frequency range 40Hz - 15KHz. The RF output characteristic impedance of the equipment shall be 50 Ohms.

\n

6e.

\n

Transmitter Power The transmitter RF output power shall not exceed the value specified in the licence by more than 1dB (26%). The transmitter must incorporate a suitable meter indicating the RF output power to enable routine checks to be made.

\n

7.

\n

ARTIFICIAL ANTENNA An artificial antenna must be provided for off-air testing and equipment alignment at each station. This should consist of non-reactive non-radiating load of 50 Ohms impedance which can be connected to the output of the transmitter.

\n

8.

\n

SAFETY AND WEATHER PROTECTION 8a.

\n

Safety (i) A broadcasting Transmission Installation shall be so designed, constructed and installed as to prevent danger arising, either in normal use or under fault conditions, to personnel working on, or externally inspecting the system, or to any other person. Safety should be considered under the following headings: - personal protection against electric shock; - personal protection against radiation; - personal protection against physical injury; - protection against fire;

\n

BROADCASTING (ii) The system must comply with IEC Specification 215 (Third Edition 1987) relating to Safety Requirements for Radio Transmitting Equipment.

\n

8b.

\n

Weather Protection All apparatus and cables exposed to weather, corrosive atmosphere or other adverse conditions shall be so constructed or protected as may be necessary to prevent danger arising from such exposure.

\n

9.

\n

STATION CERTIFICATION 9a.

\n

It is the responsibility of the Licensee to ensure that the suitably qualified person has the necessary technical training, knowledge and pr actical experience so as to enable to certify that the installation and maintenance of the station complies with these technical conditions.

\n

9b.

\n

Permission for on-air testing prior to the certification in 9c below and commencement of regular service shall be obtained from the Authority.

\n

9c.

\n

When the installation of equipment is complete the Licensee shall provide evidence of certification, by a suitably qualified person, to the Authority, that the station is ready to commence operation in accordance with these technical conditions.

\n

10.

\n

STATION ACCESS AND PERSONNEL 10a. Only authorised personnel shall have access to the Transmission Equipment for the purposes of adjustment/ maintenance of that equipment.

\n

10b. It is the responsibility of the licensee to ensure that all authorised personnel are adequately trained for the functions they are authorised to undertake.

\n

11.

\n

CONNECTION NETWORK TO THE PUBLIC TELECOMMUNICATIONS Where studio and transmitting equipment is connected together by circuits provided on the Public Telecommunications Network prior approval by Maltacom plc shall be obtained.

\n

12.

\n

ENVIRONMENTAL CONDITIONS Whilst due allowance must be made for likely ambient temperature and humidity variations for the particular location of the transmitter, compliance with the requirements must be achieved over the following minimum ranges:

\n

Ambient Temperature: 5 deg. Cel. to 45 deg. Cel.

\n

Relative Humidity: 0 % to 95 % 13.

\n

POWER SUPPLY 13a. Whilst due allowance must be made for the stability of the actual power supply, compliance with the requirements of this Specification must be achieved for supply voltage variations in the range +6 % to -10 % of the nominal value.

\n

13b. Precautions shall be taken to prevent switching or commutation spikes from being radiated or superimposed upon the incoming supply.

\n

BROADCASTING 14.

\n

DOCUMENTATION Accurate operating instructions for the correct use of the transmitter must be kept with it at all times. Similarly, up-to-date circuit diagrams and parts lists must be available to enable proper maintenance. Any modifications to the transmitter must be carried out by qualified personnel, and the details reported to the Authority.

\n

15.

\n

TRANSMITTER LOAD PROTECTION The transmitter should be designed such that it will not suffer damage when operated continuously with the RF output connector either open or shortcircuited.

\n

16.

\n

SITE IN THE NATIONAL PLAN FOR VHF/FM NATIONWIDE SOUND BROADCASTING RADIO SERVICE Transmitters of the VHF/FM Nationwide Sound Broadcasting Radio Service shall be co-sited with the existing television service at G]arg]ur and shall use a master antenna system.

\n

17.

\n

CHANGES TO CHARACTERISTICS OF FREQUENCY ASSIGNMENTS 17a. The characteristics of an assignment include frequency, station name, effective radiated power, polarisation and radiation pattern of antenna.

\n

17b. In the final acts of the \"Regional Administrative Conference for the Planning of VHF-FM Sound Broadcasting, Geneva 1984\" there are procedures that have to be adhered to if a change in the characteristics of an assignment is envisaged.

\n

17c. Some changes to the characteristics could be difficult and take a long time to process in accordance with the above mentioned procedures. The Authority should be advised as early as possible of any changes sought in the characteristics of the assignments so it can advise of any potential problems foreseen. All international co-ordination is the responsibility of the Authority.

\n

BROADCASTING D. SOUND BROADCASTING LICENCE FEES 1.

\n

2.

\n

3.

\n

APPLICATION FEES a.

\n

Applications for a nationwide sound broadcasting licence must be accompanied by a non-refundable application fee of €5,823. b.

\n

Applications for a community sound broadcasting licence (including for one-off events) must be accompanied by a non-refundable application fee of €116.

\n

LICENCE FEES a.

\n

The annual licence fee payable to the Authority for a nationwide sound broadcasting licence will be €11,646. b.

\n

The annual fee payable to the Authority for a community sound broadcasting licence will be €349. c.

\n

Licences payable to the Authority for community sound broadcasting services for one-off events shall be €116 per event.

\n

PAYMENTS BY THE AUTHORITY The Broadcasting Authority shall pay to the Malta Communications Authority such reasonable fees as may be due for those services which the Authority may require for technical assistance in relation to the applications and the normal servicing of the licence conditions.

\n

BROADCASTING FIFTH SCHEDULE [Article 41(1)] Added by:

\n

XV. 2000.17.

\n

Amended by:

\n

L.N. 164 of 2000;

\n

L.N. 301 of 2005;

\n

L.N. 69 of 2007;

\n

L.N. 254 of 2007.

\n

Substituted by:

\n

L.N. 424 of 2007.

\n

Amended by:

\n

L.N. 225 of 2008;

\n

L.N. 348 of 2009.

\n

Substituted by:

\n

L.N. 322 of 2010;

\n

LVI.2020.20.

\n

OFFENCES WHICH ARE COGNIZABLE BY THE BROADCASTING AUTHORITY FIRST COLUMN SECOND COLUMN Provision Penalty THIRD COLUMN Reduced Penalty Article 10(6)(a) 1,160 Article 10(7) Article 10(8) Article 10(10) 1,160 Article 13(2)(a) 1,160 Article 13(2)(b) 1,160 Article 13(2)(c) 1,160 Article 13(2)(d) 1,160 Article 13(2)(e) 1,160 Article 13(2)(f) 1,160 Article 13(3)

\n

Article 154,660

\n

4,190

\n

Article 162,330

\n

1,750 Article 16(2) 1,160

\n

Article 16B (2)

\n

1,160

\n

Article 16C (2)

\n

1,160

\n

Article 16C (3)

\n

1,160

\n

Article 16E

\n

1,160

\n

Article 16F

\n

1,160

\n

Article 16H(1)

\n

2,230 1,750

\n

Article 16H(7)

\n

2,330 1,750

\n

Article 16J

\n

2,330 1,750

\n

Article 16JA

\n

1,160

\n

Article 16JB

\n

1,160

\n

Article 16JC

\n

1,160

\n

Article 16K

\n

2,330 1,750

\n

Article 16L

\n

2,330 1,750 BROADCASTING

\n

Article 16M

\n

2,330 1,750

\n

Article 16N

\n

2,330 1,750

\n

Article 16O

\n

2,330 1,750

\n

Article 16Q

\n

2,330 1,750

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Article 16AA

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34,950 23,300

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Article 16AB

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34,950 23,300 Article 18(3) 2,330 1,750 Article 18(4) 2,330 1,750 Article 19(1) 2,330 1,750 Article 19(3) 2,330 1,750 Article 19(4) 2,330 1,750 Article 19(5) 2,330 1,750 Article 19(6) 2,330 1,750 Article 19(7) 2,330 1,750 Article 19(11)(a) 2,330 1,750 Article 19(11)(b) 2,330 1,750 Article 19(11)(c) 2,330 1,750 Article 20(1)(a) & (2) 2,330 1,750 Article 20(1)(b) & (2) 2,330 1,750 Article 20(3) 2,330 1,750 Article 20(4) 2,330 1,750 Article 21(l)(a) 1,750 1,280 Article 21(l)(b) 1,750 1,280 Article 21(2) 1,750 1,280 Article 21(3)(a) 1,750 1,280 Article 21(3)(b) 1,750 1,280

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Article 21A(4)

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Article 22(1) 2,330 1,750 Article 22(2) 2,330 1,750 Article 23(1) 1,160 Article 23(2) 1,750 1,280 Article 23(3)(a) 1,750 1,280 Article 23(3)(b) 1,750 1,280 Article 23(4)(a) 1,750 1,280 Article 23(4)(b) 1,750 1,280 Article 23(4)(c) 1,750 1,280 Article 23(5) 1,750 1,280 Article 23(6) 1,750 1,280 Article 23(7) 1,750 1,280 Article 34(1)(a) 1,750 1,280 Article 34(1)(b) 1,750 1,280 BROADCASTING Article 40(1) 2,330 1,750 First Schedule - for any violation of any of the subparagraphs of paragraphs 1, 2 and 3 of the said Schedule 1,160 Third Schedule - for any violation of any of the paragraphs of the said Schedule 1,160 Fourth Schedule - for not installing or for not using a delay mechanism during phone-in programmes 1,160 Advertising, Sponsorship and Teleshopping (Protection of Consumers’ Interest) (Television Broadcasting Injunction) Order 34,950 23,300 Regulations 5 and 6 of the European Broadcasting Cooperation Regulations S.L. 350.04 34,950 23,300 Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes - S.L.

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350.14

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Section 1

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1,750 1,280

\n

Section 2

\n

1,750 1,280

\n

Section 3

\n

1,160

\n

Section 4

\n

1,750 1,280

\n

Section 5

\n

1,750 1,280

\n

Section 6

\n

Section 7

\n

1,160

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Section 8

\n

1,160

\n

Section 9

\n

1,750 1,280

\n

Section 10

\n

1,160

\n

Section 11

\n

1,160

\n

Section 12

\n

1,750 1,280

\n

Section 13

\n

1,160

\n

Section 14

\n

1,160

\n

Section 15

\n

1,160

\n

Section 16

\n

1,750 1,280 Requirements as to Standards and Practice applicable to Participation in Media Programmes of Vulnerable Persons S.L. 350.15 2,330 1,750 Requirements as to Standards and Practice applicable to the Coverage of Tragedies in Broadcasting - S.L. 350.16 2,330 1,750 BROADCASTING Requirements as to Standards and Practice applicable to Disability and its Portrayal in the Broadcasting Media - S.L.

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350.17 2,330 1,750 Requirements as to Standards and Practice applicable to the Family Viewing and Listening - S.L. 350.18 1,160 Requirements as to Standards and Practice applicable to Phone-in Programmes aired on the Broadcasting Media - S.L.

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350.19 1,160 Requirements as to Standards and Practice applicable to Crawls and Captions in Television Programmes - S.L. 350.20 1,160 Requirements as to Standards and Practice applicable to various types of Polls broadcast on Radio and Television Services - S.L. 350.21 1,160 Requirements as to Standards and Practice applicable to the Conduct of Competitions and the Award of Prizes - S.L.

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350.22 1,160 Requirements and Methods of Advertising applicable to Tattoo Advertising -S.L. 350.23 1,160 Requirements and Methods of Advertising applicable to Alcoholic Drink Advertising, Sponsorship and Teleshopping S.L. 350.24 1,160 Requirements and Methods of Advertising applicable to Gambling Advertisements S.L. 350.25 1,160 Requirements as to Standards and Practice applicable to the Promotion of Racial Equality - S.L. 350.26 1,160 Requirements as to Standards and Practice applicable to the Price of Telephone Calls and SMSs in the Broadcasting Media

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-S.L. 350.27 1,160 Requirements as to Standards and Practice on Programmes Involving the Participation of Certain Health Care Professionals in the Broadcasting Media and Requirements as to Advertisements, Methods of Advertising and Directions applicable to Medicinal Products and Treatments - S.L. 350.30 1,160 Requirements as to Standards and Practice as to Advertisements, Method of Advertising and Directions on Public Collections on the Broadcasting Media - S.L.350.31 1,160 1. The Authority may inflict on any person who has violated any of the provisions listed in the First Column of this Schedule the corresponding penalty listed in the Second Column of this Schedule: provided that where the Authority is of the opinion from the circumstances of the case that the gravity of the offence is one which warrants the imposition of a higher penalty, the Authority may award a penalty which is not in excess of the amount established in first proviso to article 41(4)(c) and article 16D(3).
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2.

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Where any person who is served with a notice in terms of article 41 elects to pay the penalty without contestation, he shall be liable to pay the penalty indicated in the Third Column of this Schedule.

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3.

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In the case of a second or subsequent violation of any provision of this BROADCASTING Schedule, the penalties listed in the Second and Third Columns of this Schedule shall be increased by twenty percent for each and every subsequent violation.

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Transitory and saving provisions.

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1.Nothing shall invalidate any procedure whether written or oral which may have been made before the coming into force of the Fifth Schedule to the Broadcasting Act as substituted by article 20 of the Broadcasting (Amendment) Act, 2020 and which was valid according to the law as in force on the date when made.
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2.Without prejudice to any charges issued by the Chief Executive in terms of article 41 referring to the Fifth Schedule to the Broadcasting Act, any procedure made by virtue or under the provisions of that article and said Schedule shall remain valid in the same manner as if it were done under the provisions of that article and the Schedule.
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3.Any charge issued by the Chief Executive in terms of article 41 referring to the Fifth Schedule of this Act which has not been admitted to by the person against whom the charge has been issued or which has not been disposed of definitively by the Authority shall continue to be regulated by the Fifth Schedule as in force at the time prior to the said date of entry into force of the Broadcasting (Amendment) Act, 2020.
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