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2008 Revised Edition CAP. 35.05.3
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1 Shor t title................................................................................................................ 5 2 Com mencement ..................................................................................................... 5 3 Inter pretation.......................................................................................................... 5 4 Lice nsing: Grant and Renewal of Television Licence ........................................... 6 5 Renewal, Suspension or Revocation of a Television Licence ............................... 6 6 Tran sfer of television licence................................................................................. 7 7 Surrender of television licence............................................................................... 7 8 Com mercial Licence .............................................................................................. 7 9 Non-Commercial Licence......................................................................................8 10 Tem porary provisional licence .............................................................................. 8 11 Spec ifications attaching to a licence ...................................................................... 8 12 Envi ronmental Impact Assessment........................................................................8 13 Classification of programs ..................................................................................... 9 14 Fees chargeable to the public.................................................................................9 15 Miscellaneous ........................................................................................................ 9 16 Penalty for person who assists in an offence ......................................................... 9 17 Validity of licences issued before these Regulations.............................................9
SCHEDULE 1 10
FEES 10
2008 Revised Edition Page 3
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1 Short title
These Regulations may be cited as the Television Licence Regulations.
2 Commencement
These Regulations shall come into force on the date it is endorsed by the Minister.
3 Interpretation
All words and phrases defined in the Tuvalu Telecommunications Corporation Act shall bear the same meaning in these Regulations unless the context otherwise requires —
“Act” means the Tuvalu Telecommunications Corporation Act;
“broadcast” means the contents or intelligence over any transmission medium intended to be received by the public, directly or by the intermediary or relay stations;
“corporation” means the Tuvalu Telecommunications Corporation as established under section 4 of the Act;
“licensee” means any person who holds a television licence under these Regulations;
“person” includes an individual and a juridical person;
2008 Revised Edition Page 5
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Regulation 4 CAP. 35.05.3 Television Licence Regulations
“public interest” means any act carried out or the lack of such act in respect to the delivery of the television service, content and charges involved in the provision of the television service that is of concern or likely to affect a person of the public;
“special event” refers to the testing of a television service;
“television licence” means a licence issued by the Corporation under regulation 4 of these Regulations;
“television service” means any service consisting or having its principal feature, the conveyance of moving or still images or of legible text or of any combination of those things, with or without sounds to be seen on television;
“transmission medium” means the physical path between transmitters and receivers, such physical path includes a substance, such as coaxial cable, fibre-optical twisted pair, waveguide, water and air that can be used for propagation of signals.
4 Licensing: Grant and Renewal of Television Licence
5 Renewal, Suspension or Revocation of a Television Licence
(1) The Corporation may refuse to renew a licence, suspend a television licence for such period as it thinks fit, or revoke any television licence pursuant to these regulations if, in its opinion, it is in the public interest to do so, or on any of the following grounds —
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6 Transfer of television licence
The licensee shall not, without the express consent of the Corporation, transfer the television licence to another person or persons or allow the acquisition of shares in the licensee company by a person other than initial shareholders.
7 Surrender of television licence
A licensee may, by notice in writing to the Corporation, surrender its television licence if, for any reason(s), it can no longer provide the television service.
8 Commercial Licence
A holder of a television licence in the form of a commercial licence shall be entitled to provide a television service to the public.
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Regulation 9 CAP. 35.05.3 Television Licence Regulations
9 Non-Commercial Licence
A holder of a television licence in the form of a non commercial licence shall be entitled to use a television service for his or her personal use only.
10 Temporary provisional licence
11 Specifications attaching to a licence
12 Environmental Impact Assessment
(1) A licensee who intends to construct, build, or otherwise acquire and operate a satellite dish or earth station for the purpose of transmitting a television
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service shall, at his own expense, carry out an environment impact assessment prior to the commencement of such activities.
(2) The environment impact assessment shall be assessed by the Corporation in consultation with the Government department responsible for the protection and conservation of the environment.
13 Classification of programs
The classification of programs that a licensee intends to broadcast over any transmission medium must first have the approval of the Minister. The Minister shall have all the powers to direct and remove the programs that he considers not suitable for the public.
14 Fees chargeable to the public
The licensee shall, prior to commencement of the service, submit in writing to the Corporation its intended charges or fees to the public together with the supporting documents justifying such charges or fees.
15 Miscellaneous
16 Penalty for person who assists in an offence
Any person who assists or procures the commission of any offence against the provisions of these Regulations shall be liable to be dealt with in the same manner as the principal offender.
17 Validity of licences issued before these Regulations
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SCHEDULE 1 CAP. 35.05.3 Television Licence Regulations
SCHEDULE 1
FEES
Cost | per channel | |
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Commercial | $500 | $100 |
Non Commercial | $250 | |
Temporary Provisional Licence | $300 |
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