Jamaica

THE TELEVISION AND SOUND BROADCASTING REGULATIONS, 1996

(Made by the Broadcasting Commission and approved by the Minister on the 14th day of May, 1996)

Preliminary

Citation.

1. These Regulation may be cited as the Television and Sound Broadcasting Regulation, 1996.

Interpretation.

2. In these Regulation -

"adult programmes" means programmes which depict or display sexual organs or conduct in an explicit and offensive manner;

"authorized a person" means a person authorized by the Commission to perform duties pursuant to these Regulations;

"broadcasting station" means any premises from which broadcast programs originate; "licensee" means a person who is licenced under the Act.

Licences

Application for licence.

3. (1) Every person who is desirous of -

(a)

engaging in commercial broadcasting non-commercial broadcasting or offering subscriber television service shall make an application form set out in the first schedule;

(b)

establishing, maintaining or operating a radio re-diffusion system shall make application to the commission in such form as the commission may determine.

(2)

Every application shall be accompanied by anon-refundable fee of sixty-five thousand dollars.

(3)

The Commission may, on receipt of an application, require the applicant to furnish the commission with such information as the commission may require.

Application to satisfy commission of certain matters.

4. (1) An application for the grant of a licence to engage in commercial broadcasting non-commercial broadcasting or to establish, maintain or operate a radio re-diffusion system shall -

(a)

comply with the relevant provisions of the Radio and Telegraph Control Act and the Regulations made thereunder;

(b)

satisfy the commission that it has-

(i)

the ability to adequately staff the business, technically and administratively;

(ii)

subject to paragraph (3) (a), a business plan for the viable operation of the business;

(iii) the capability to offer the service for at eight continuous hours per day;

(iv)

secured the relevant permission or has entered into agreements or arrangements necessary for the operation of the business;

(v)

an implementation plan and timetable for the provision of service in the area for which application is made;

(c)

submit to the commission copies of its documents of incorporation.

(2)

An application for the grant of a licence to offer subscriber television service shall, in addition to comply with the provisions of paragraph (1)

(a)

and (c) and meeting the requirements specified in paragraph (1) (b), satisfy the commission that it has the capacity to

(a)

meet the technical standards set out in the Second Schedule; and

(b)

offer a minimum of ten channels to each subscriber.

(3)

An applicant for the grant of a non-commercial licence

paragraph (1) (a) and (c) and meeting the requirements specified in paragraph (b) (i), (iii), (iv) and (v), shall satisfy the Commission that it has the capacity to meet the technical standards set out in the Third Schedule.";

Licensee fees.

5. (1) when an applicant Is granted a licence he shall, before the licence is issued to him, pay to the Commission -

(a)

a licence fee of -

(i)

fifty thousand dollars in respect of a licence to engage in commercial broadcasting;

(ii)

fifty thousand dollars in respect of a licence to establish, maintain or operate a radio re-diffusion system;

(iii) three thousand five hundred dollars in the currency of the United States of America or the equivalent in Jamaican dollars calculated at the rate of exchange applicable on the date of payment, in respect of a licence to engage in non-commercial broadcasting;

(b)

in respect of a licence to operate subscriber television service, a licence fee of -

(i)

two hundred and fifty thousand dollars in respect of a wireless local multipoint distribution system; or

(ii)

five hundred thousand dollars In respect of a wireless multichannel multipoint distribution system; or

(iii) fifty thousand dollars in respect of a wired system.

(2)

A licensee who engages in non-commercial broadcasting shall pay annually on or before each anniversary of the grant of licence an annual licence fee of two thousand five hundred dollars in currency of the United States of America or the equivalent in Jamaican dollars calculated at the rate of exchange applicable on the date of payment.

(3)

A licensee who operates subscriber television service shall-

(a) pay to the Commission in quarterly instalments, an annual licence fee of five per cent of its gross subscription fees payable; and

Fourth Schedule. (b) make a return of the quarterly instalments on the Quarterly Return Form set out in the Fourth Schedule.

(4)The licence fee referred to in paragraph (3) (a) shall be due and payable by the fifteenth day of the first month of the quarter next following the quarter for which payment is due.

(5)The Quarterly Return Form shall be submitted to the Commission by the fifteenth day of the first month of the quarter next following the quarter for which payment is due.

(6)Where a licensee fails to pay the licence fee by the date referred to in paragraph (4), the licensee shall be liable to pay a penalty of an amount equal to twenty per cent of the licence fee which was due and payable.

(7)Without prejudice to any other method of recovery, any licence fee and penalty payable thereon due to the Commission under paragraph (4) or

(6) may be recovered in a Resident Magistrate’s Court as a civil debt notwithstanding any limitation as to the amount recoverable under the Judicature (Resident Magistrates) Act.

Renewal of licence.

6. (1) A licensee may, within a period of six months before the expiry of his license, make an application to the Minister for the renewal thereof in such manner as the Commission may determine.

2. An application for renewal of a licence shall be accompanied by a nonrefundable renewal fee of ten thousand dollars.

(3) Where a licence is renewed, the applicant shall, prior to the issuance of the licence to him, pay to the Commission a licence fee of one hundred and fifty thousand dollars.

Commission may require information relating to shareholding.

7. The Commission may require an applicant who is a company to may require inform the Commission in writing of the shareholding in the company.

Commission may conduct audit.

7A. The Commission may where it deems it necessary, conduct an audit into the financial affairs of any licensee.

Commercial Broadcasting and Radio Re-Diffusion System

Restriction of broadcast of certain advertisements.

8. (1) A licensee who engages in commercial broadcasting shall ensure that -

(a)

any advertisement of beer, spirits, cordials, liqueurs, wines and other alcoholic beverages which is broadcast from his broadcasting station shall not be suggestive of the purchase or consumption of those goods or contain a pictorial representation of the consumption thereof;

(b)

any advertisement in respect of any drug, medicament or similar article complies with the relevant provision of the Food and Drug Act

(c)

no advertisement of any tobacco products is broadcast from his broadcasting station.

(2)

In paragraph (1) (c) "tobacco product" means any product the principal constituent of which is tobacco and includes cigarette papers, tubes and fillers.

Broadcast of advertisement.

9. A licensee who engages in commercial broadcasting shall ensure that -

(a)

advertisements are broadcast only in the naturally occurring breaks in a programme and in the interval between the end of one programme and the beginning of another and, in the case of television, there shall be no more than four advertising breaks per hour;

(b)

the advertising content of any program shall be -

(i)

one and one-half minutes, in the case of a programme lasting five minutes;

(ii)

two minutes, in the case of a programme lasting ten minutes;

(iii) three minutes, in the case of a programme lasting fifteen minutes;

(iv)

five minutes, in the case of a programme lasting thirty-five minutes,

so, however, that -

(A)

advertisement in any period of sixty consecutive minutes shall last for no longer than twelve minutes, except where the licensee broadcasts a programme as a public service or where there is a national broadcast which interrupts any scheduled programme resulting in the loss of advertising time;

(B)

the licensee shall be entitled to make good any loss caused by the Interruption mentioned in paragraph (A) over the period of seven days next following the day on which the interruption occurred by increasing the time specified in that paragraph to not more than fourteen minutes;

(C)

the time stated for advertising content in subparagraphs (1) to (iv) shall apply respectively, in each case, to programmed which do not exceed one minute less than the time stated in those paragraphs;

(c)

not more than two advertising magazines of a maximum of five minutes each are broadcast in any broadcasting day and that only one such magazine la broadcast between the hours of 7.00 p.m. and 11.00

p.m.

Matters relating to broadcasting.

10. A licensee who engages in commercial broadcasting shall cause

(a)

any broadcasting station operated by him to be identified at intervals of sixty minutes during the period which broadcasts are made from that station;

(b)

all frequencies and channels on which the broadcasting station is licensed to operate to be stated at least twice in every period of twenty-four-hours, one of which befog between the hours of 5.00.p.m. and 7.00 p.m.;

(c)

a clock set and kept at the standard time adopted for Jamaica to be kept in the studio from which broadcasts originate at the broadcasting station.

Records to be kept by licensee.

11. (1) A licensee who engages in commercial broadcasting shall cause be kept to be kept at his broadcasting station, for inspection by an authorized by person during business hours of that station, a record of -

(a)

the day, date and time of every station identification;

(b)

the title of each broadcast programme;

(c)

the time at which each broadcast programme commenced and ended;

(d)

the use of electro-mechanical reproduction in the course of a broadcast and the form and nature of such reproduction; in respect of a broadcast of any speech -

(i)

the name of the speaker;

(ii)

the organization, if any, under whose auspices the speech is given;

(iii) if made on behalf of a political party for the purpose of promoting the election of any person under the Representation of the People Act, the Kingston and St. Andrew Corporation Act or the Parish Councils Act, the name of the political party or political affiliation of the person giving the speech;

(f)

the time at which any advertisement or announcement is broadcast and the duration thereof;

(g)

the name of the sponsor of an announcement;

(h)

the time at which an Interruption of a broadcast occurred and the duration of and reason for such interruption.

(2)

A licensee may use, for the purpose of cataloguing and reference to any record, special letters or abbreviations, and the meaning of those letters and abbreviations shall be clearly set out in a document which shall, along with the record under paragraph (1), be available for inspection.

(3)

A licensee shall keep slow tapes of all broadcasts for a period of thirty days or such longer period as the Commission may require.

(4)

Where the Commission intends to inspect the records of a broadcasting station, the Commission shall give notice thereof to the licensee not less than twenty-four hours prior to the proposed date of such inspection.

(5)

Where, In addition to engaging in commercial broadcasting a licensee relays any matter on any radio re-diffusion system, the license shall not

be required to keep any other record except a record of the date, subject matter and time of relay, where such relay is separate from the broadcast.

Licensee's duty regarding political broadcasts.

12. (1) In relation to a political broadcast, a licensee who engages in commercial broadcasting shall -

(a)

ensure that the name of the political party or sponsor, if any, on whose behalf the broadcast is made, 1J announced in any announcement or advertisement of that broadcast, immediately before the commencement and immediately after the end of, such broadcast;

(b)

not permit any such broadcast other than an advertisement thereof to be dramatized.

(2)

In paragraph (1) "political broadcast" means a broadcast which la designed to promote or reduce the popularity of a political party, a member of the House of Representatives, a candidate for election to the House of Representatives, a member of or a candidate for election to the Council of the Kingston and St. Andrew Corporation or a member of or candidate for election to a Parish Council.

Licensee's duty regarding broadcast.

13. A licensee who engages in commercial broadcasting shall, in duty regarding respect of any news broadcast transmitted from his broadcasting broadcast station -

(a)

have regard to the purpose for which the broadcast is made, that is to say, the presentation, in an objective manner, of the facts of any event in Jamaica or any foreign country;

(b)

ensure that news in presented accurately and with fairness, that in to say, without bias and free from the opinions of the licensee or any other person who is concerned with its preparation or transmission or the sponsor thereof where such broadcast sponsored

Provision of studio facilities.

14. A licensee who engages in commercial broadcasting shall provide faculties and personnel for the transmission of programmed but the licensee shall not be required to have production personnel for programmed which are transmitted during any period of time that the licensee Is required to reserve for government broadcasts or for transmission by the government of any matter during a national emergency.

Non-Commercial Broadcasting

Application of regulations 10-13 to non-commercial broadcasting.

14A. The provisions of regulations 10, 11 (1) to (5), 12 and 13 shall apply with necessary modifications to a licensee who engages in noncommercial broadcasting.

Subscriber Television Service

Identification code etc, to be used by operator of subscriber television service.

15. A licensee who operates subscriber television service shall -

(a)

use an identifying colour code or other identifying feature approved by the Commission on cables used by him in the provision of such service;

(b)

have an identify log symbol in the form of a logo or an arrangement of letters or letters and numbers which shall be used on all vehicles owned or used by the licensee in the provision of such service and a copy of such identifying symbol shall be deposited with the Commission.

Employee installing or maintaining subscriber television service to have identification.

16. (1) A licensee who operates subscriber television service shall furnish each employee who is responsible for the Installation or maintenance of the service with an identification card.

(2) Each such employee shall, on entering any premises for the purpose of installing or maintaining the service, if required, produce the identification card to the owner or occupier of the premises or other responsible person thereon.

Duties of licensee providing subscriber television service.

17. (1) A licensee who operates subscriber television service shall -

(a)

install a character-generation device capable of providing on-screen information; ensure that adult programmes are transmitted in an encrypted form;

(c)

not carry any local advertising other than advertisements transmitted on channels carrying national broadcasts;

(d)

have standby facilities for the adequate generation of electrical power to transmit the service for a minimum of three hours where there is a failure in the public power supply;

(e)

ensure that -

(i)

at least one employee who is competent in the operation of the service is on duty at the operational centre during the period the service la in operation; and

(ii)

at least one technician who la employed la certified as such by the Post and Telecommunication Department;

(f)

ensure that an automated service is maintained to receive queries concerning the service;

(g)

among the minimum ten channels referred to in regulation 4(2)(c) provide at least -

(i)

two channels for the viewing of any national broadcasting television station; and

(ii)

one channel for public service and educational programmed;

(h)

ensure that the system which is used to operate the service is so designed, installed and operated as to comply with the provision of the Second Schedule;

(i)

notify the Commission -

(i)

at least once per year, of all signals carried in the aeronautical radio frequency bands specify the type of information carried by the signals;

(ii)

before transmitting any signal in the wireless mode, of -

(A)

the community to which the signal is to be transmitted;

(B)

the frequencies and tolerance, type of modulation and the maximum average power levels of all carriers and sub-carriers at any location in the subscriber distribution system;

(C)

the geographical co-ordinates of the transmitter site starting at the designated point near the centre of the subscriber television system, together with the distance from that point to the remotest point in the system which when Joined makes a circle enclosing the system;

(D)

a description of the monitoring procedures to be used to determine compliance with the provisions of these Regulations and the Radio and Telegraph Control Act and Regulations made thereunder;

(E)

where applicable, the cumulative signal leakage index or the results of airspace measurement under the signal Leakage Performance Criteria specified in Part II of the Second Schedule (including a description of the method in complying with such criteria and the method of calibrating any equipment used).

(2)

A licensee shall comply with any request by an authorized person for demonstration of the system to ensure compliance with provisions of the Second Schedule.

(3)

A licensee shall, at intervals of not more than seven months, conduct performance tests on the system used in the operation of subscriber television service.

(4)

A licensee shall maintain for inspection by an authorized person records in respect of-

(a)

logs;

(b)

the channels carried and the schedules of program transmitted on those channels;

(c)

fiat of subscribers;

(d)

reports of teats carried out on the service;

(e)

signal leaks, specifying the date, location, source and cause of and date repaired;

(f)

a list of members of staff and their qualifications.

(5)

The records under paragraph (4) shall be attained for a period of six years.

Cable, property of subscriber.

18. Where a licensee who operates subscriber television service installs such service, any cable which rune from the point of attachment to a building on the subscriber's premises (including any outlets therein} shall become the property of the subscriber so, however, that the licensee shall be entitled to recover from the subscriber the full coat of such cable at the time of installation of the service.

Installation of cable for subscriber television service.

19. (1) Cables which are used for the provision of subscriber television service shall -

(a)

when installed underground -

(i)

be liquid-gel filled;

(ii)

in the case of primary distribution cables, be of a diameter of not less than 12.75 mm; and

(iii) be installed not less than 76.2 mm below the surface of the ground;

(b)

where such cables are attached to a utility pole, be placed not less then 1 metre below any secondary power line and not leas than 6 metres above any road as defined in the Main Roads Act;

(c)

where such cables are placed across a private roadway or a gateway, be placed not less than 5 metros above the highest point on such roadway or gateway.

(2)

All transmission facilities used in offering subscriber television service which utilize utility poles shall comply with technical and safety standards set by the Chief Engineer in the Ministry responsible for utilities.

(3)

No licensee shall install any cables, whether above or under any road, without the permission in writing of the appropriate authority.

Authorized person may enter premises used for operation of subscriber television service.

20. (1) A licensee who operates subscriber television service shall permit an authorized person to enter during business hours any premises from which he operates such service for the purpose of carrying out tests in relation to that service.

(2) Where an authorized person intends to carry out tests at a time outside of business hours he shall give to the licensee notice in writing of that intention not less than twenty-four hours before the time proposed for carrying out such tests.

Extension of time for commencement of subscriber television service.

21. (1) A licensee who operates subscriber television service may, where he is unable to start operating within six Months of being granted a licence, apply to the minister in writing for an extension of time giving reasons therefor.

(2)

Where the Minister is satisfied that the licensee ought to be granted an extension of time he may, in writing, grant such extension.

(3)

Where the Minister is not so satisfied he may refuse the grant of extension and shall notify the licensee in writing, giving reasons therefor.

(4)

The Minister shall notify the Commission in writing of a decision made under paragraph (2) or (3).

(5)

An application under paragraph (1) shall be forwarded to the Commission for transmission to the Minister.

Information to be supplied to subscriber by licensee.

22. (1) A licensee who operates subscriber television service shall, upon the installation or modification of such service or upon a subscriber's request, provide the subscriber with the following information in writing -

(a)

the products and service offered;

(b)

the coat of the programming service, including installation and maintenance;

(c)

the options of programming service available;

(d)

the conditions under which the service is supplied;

(e)

the instructions as to usage of the service;

(f)

the number and allocation of channels carried on the system and the programming available on each channel;

(g)

the billing and complaints procedures;

(h)

the address and telephone number of the licensee's business office.

(2)

The licensee shall notify the subscriber in advance of any change in the programming service or channel allocation in writing addressed and delivered to the subscriber at the premises where the subscriber receives the service so, however, that where there la a breakdown In the service or there is an emergency necessitating a change in the channel allocation which cannot be notified in advance, the licensee shall inform the subscriber by an announcement on the subscriber television service.

Licensee to establish billing procedure.

1. A licensee who operates subscriber television service shall establish procedures for the billing of customers in respect of the provision of that service.

2. (1) A licensee who operates subscriber television service shall establish procedures for the receipt of complaints from subscribers concerning the service received, the quality of the signal delivered, the content of the programming and the resolution of such complaints.

Procedures regarding complaints by subscribers of subscriber television service.

(2)

A licensee shall keep a record of each complaint for a period of not less than one year from the date of resolution thereof and the record shall state -

(a)

the name and address of the subscriber;

(b)

the nature of the complaint;

(c)

the date and time of the complaint;

(d)

the date and manner in which the complaint is resolved.

(3)

Where in a subscriber's opinion a complaint is not dealt with satisfactorily, the subscriber may refer the complaint in writing to the Commission and the Commission shall seek a satisfactory resolution to the matter.

(4)

Records relating to complaints by subscribers shall be made available for inspection by an authorized person.

Duties of licensee regarding interference, etc.

25. (1) A licensee who operates subscriber television service ensure that the head-end or distribution system dose not interfere with or cause to be degraded over-the-air broadcasts on television or radio.

(2)

Where there la interference or degradation the licensee shall -

(a)

take appropriate measures to eliminate the interference or degradation; and

(b)

make a report in writing to the Postmaster General giving details thereof.

Restriction on broadcast of adult programmes.

26. A licensee who provides subscriber television service shall not transmit adult programmed otherwise than between the hours of 11 o'clock in the night and 4 o'clock the following morning.

Commission may establish zones.

27. The Commission may establish zones in any area for the supply of wired subscriber television service.

General

Licensee to notify Commission of change in ownership, etc.

28. (1) Every licensee shall notify the Commission in writing within fourteen days of -

(a)

the transfer of ownership by him of his business or part thereof stating -

(i)

the date on which ownership or part thereof is transferred;

(ii)

the name and address of the new or part owner:

(b)

any change in the name or address of or business;

(c)

subject to paragraph (2), any change of persons who are in control of the business stating

(i)

the names, nationality and addresses of such persons;

(ii)

the date on which such persons either ceased to be in control or assumed control thereof.

(2)

Where there is to be a transfer of ownership or change of person in control of the business, the licensee shall, before the transfer or change is effected, first obtain the approval of the Commission for such transfer or change, as the case may be.

Employment of chief executive officer and chief technical officer.

29. (1) A licensee shall employ and keep employed at all times a chief executive officer and chief technical officer.

(2)

The chief executive officer shall be responsible to the licensee for the day to day operations of the company.

(3)

The chief technical officer shall be responsible for the operation and maintenance of equipment and plant and, in respect of subscriber television service, for compliance with the technical standards specified in the Second Schedule.

(4)

licensee shall, within seven days of employing a chief executive officer and a chief technical officer, notify the Commission thereof in writing stating the name and qualifications of each such officer.

Prohibition regarding transmission of certain matters.

30. No licensee shall permit to be transmitted -

(a)

any matter in contravention of the Laws of Jamaica;

(b)

any statement concerning or comment upon the race, colour, creed, religion or sex of any person which is abusive or derogatory or any pictorial representation thereof except where such statement, comment or representation is contained in a news report or in a program on matters of public interest or is an objective report thereon;

(c)

any malicious, scandalous or defamatory matter;

(d)

any indecent or profane matter, so, however, that any broadcast to which regulation 26 relates shall be deemed not to be indecent;

(e)

any advertising matter which the licensee knows or has reasonable cause to believe to be false or deceptive in whole or part;

(f)

any news or matter which the licensee or his employee or agent who is concerned in the collection, editing, publication or printing knows or has reasonable cause to know is false or misleading;

(g)

any matter which is offensive in the description of any function or symptomatic result of disturbance of the human body or relief therefrom through the use of any appliance or medicament;

(h)

any offensive description or pictorial representation of the mutilated disfigurement of the human body;

(i)

any advertisement or programme which, in relation to an educational institution or other institution or agency, offers a promise of employment as an inducement for enrolment as a student or client thereof, as the case may be;

(k)

any matter which is likely to incite violence or criminal activity or lead to a breach of the peace;

(n( �/DT >

any portrayal of violence which offends against good taste, decency or public morality.

Commission may issue directives.

1. The Commission may, from time to time, issue to licensees directives in respect of any matter to which the Act and these Regulations relate.

2. The license shall keep, at the registered office of his business and at any place from which he transmits, if that place is different from his registered office -

Licensee to keep regulations and technical standards at registered office.

(a)

a copy of these Regulations which are to be made readily available to the employees; and

(b)

in the case of a licensee who operates television subscriber service, a copy of the technical standards specified in the Second Schedule which are to be readily available to subscribers of that service.

Annual audited accounts.

33. A licensee shall submit to the Commission a copy of the annual audited accounts of his business.

Penalty.

34. Any person who contravenes any provision of these Regulations commits an offence and is liable on conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding twelve months.

FIRST SCHEDULE (Regulation 3)

Application Forms

FORM A

TIIE BROADCASTING AND RADIO RE-DIFFVSION ACT

APPLICATION FOR A COMMERCIAL BROADCASTING LICENCE

(Made Pursuant to regulation 3 (1) (a) of the Television and Sound Broadcasting Regulations, 1996)

NAHE OF APPLICANT: _____________________________________ ADDRESS OF PRINCIPAL PLACE OF BUSINESS: ____________________________ NAME OF CHAIRMAN: __________________________________________________ NAME OP COMPANY SECRRTARY: _______________________________________ NAME OF PERSON IN BUSINESS TO WHOM COMMISSION MAY REFER:

FOR OFFICAL USE ONLY Date application Received: Application Number: Date Licence Granted: Date Licence Refused:

PART 1 Shareholders, Directors and Executive Officers Name of Principal Shareholders Shares Held Nationality

Names of Directors Nationality Name of Chief Executive Officer: _______________________________________ Qualification:

PART 2

Service Information Implementation When do you propose to begin commercial broadcasting?

Give either the planned calender date or length of time from the time the licence is granted. Attach detailed implementation plan.

Service Area Map Attach a clearly legible service area map showing precisely, the area to be covered and method of delivery to be used indicating the location of the main studio facility and all transmitter sites.

Attach a diagram showing a propagation plan for the entire area to be served. PART 3

System Information List below the elements of the system indicating precisely details of equipment to be used.

(a)

Studio Equipment.

(b)

Transmitter Equipment Type Amount Manufacturer

Type Amount Manufacturer

NOTE: 1. Attach specifications for all abovementioned equipment and their capabilities.

2. Information on the company supplying equipment la to be provided if the supplier la different from the manufacturer. PART 4

Programming Please indicate the number of hours of broadcasting each day:

(a)

at the commencement of operation:

(b)

in full operation:

List all services to be distributed Time Sun Mon. Tue Wed Thur Fri Sat

NOTE: If it proposed to receive any service for a fee from a programming originator or service distributor enclose a copy of the signed contract or letter of intent from the programme provider respecting the provision of the service. The fees to be paid to the provider of the service should be stated in the contract or letter.

Local content of programmes including content from Caricom Countries is to be stated.

Indicate your programme policy and in particular, your policy in respect to Jamaican and Caricom programming.

PART 5

Financial

Estimate of administrative, transmitting and studio facilities cost including General Consumption Tax where it cannot be claimed as an input tax credit.

Item Estimated Cost

1. Land and building (including access and utilities) $ ______________

2. Receiving and transmitting equipment $ ______________

3. Programme production equipment $ ______________

4. Office and administrative equipment $ ______________

5. Other equipment $ ______________ TOTAL $ ______________

Documents attesting the availability of funds whether provided by an individual or financial institution, are to be submitted.

where an individual is providing funding a letter of commitment of the funds attested to by the financial institution where the funds are held la to be submitted.

Indicated projected income from -

Production $_________________ Advertising $___________________ Other $ ___________________

Please state brief1y any other information which you think may be helpful in the examination of this application.

Signature and Title

Date

THE BROADCASTING AND RADIO RE-DIFFUSI ON ACT APPLICATION FOR A SUBSCRIBER TELEVISION LICENCE - CABLE (Made Pursuant to regulation 3 (1) (a) of the Television and Sound Broadcasting Regulations, 1996)

NAME OF APPLICANT: __________________________________________________ ADDRESS OF PRINCIPAL PLACE OF BUSINESS: ____________________________ TELEPHONE NO.: ________________ FAX NO.: _____________________ NAME OF CHAIRMAN: __________________________________________________ NAME OF COMPANY SECRETARY: _______________________________________ NAME OF PERSON IN BUSINESS TO WHOM COMMISSION MAY REFER:

FOR OFFICE USE ONLY Date application Received: Application Number: Date Licence Granted: Date Licence Refused: Reason for Refusal:

PART 1 Shareholders, Directors, Executive Officers and Other Staff

Names of Principal Shareholders Shares Held Nationality Names of Directors Nationality

Name of Chief Executive Officer:

Qualification:

Name of Chief Technical Officer:

Qualification:

Attach -

(a)

a list specifying the name and qualification of any -

(1)

engineer;

(ii)

pole-line man;

(iii) technician, employed by you; or

(b) a contract for the provision of such services. PART 2

Service Information Implementation

When is it proposed to commence service?

Give either the planned calender date or length of time after the license is granted. Attach detailed implementation plan. State zones in which applicant proposes to operate. Attach -

1. a diagram showing precise boundaries and a distribution plan for the entire service area and indicate on the diagram the location of the head-end facility and re-transmitting sites, if any.

2. attach a diagram showing schematic site layout for head-end facility, which should also show adjacent building, boundaries and rights of way.

3. attach a block and signal level diagram of the entire system. Market Area Indicate population and number of households in the service area. Population Households Source of household data: ____________________________________ State the estimated number of subscribers to be served in the first year of

operation:

PART 3 Systems Information

List details of proposed system.

(a)

Central Receiving Equipment ((TVRO), Head-end Equipment, etc.) Type Quantity Manufacturer

(b)

Distribution Equipment (cable, amplifier etc. - Cable).

(b)

Distribution Equipment (cable, amplifier etc. - Cable). Type Quantity Manufacturer

(c)

Subscriber-receiving Equipment

(Set top boxes, distribution cables, antennas, down-converters, decipher or decoder). Type Quantity manufacturer

(d)

Standby Power Equipment

(Standby system must be capable of providing a minimum of 3 hours of continuous power supply without degradation.) Type Quantity manufacturer

(e) Test Equipment

NOTE: The applicant is to own items 1 and 2 and may own, or have firm

contractual arrangements for access to items 3, 4, 5, and 6. Manufacturers' Specification for all equipment and their capabilities should be attached.

Please provide information on company supplying equipment if different

from manufacturer. List the communication arrangements or devices (e.g. Telephone, Cellular Phone, Pager, Two-Way Radios, Fax, E-Mail, Voice Mail, etc).

PART 4 Service Distribution List all services to be distributed.

NOTE:

(a)

Programming Service - Indicate the name of the programming channel. If it is a station indicate the call letters, location and channel or frequency.

(b)

Reception Method - Indicate 'satellite', 'off-air', 'microwave' or other. If other, specify.

(c)

Service Offering - Indicate whether channel is basic or optional.

(d)

Transmission Mode - Indicate 'E for Encrypted' or 'N-E' for 'Non-Encrypted'

(e)

Channel or Frequency - For television indicate the channel number.

If it is proposed to receive any service for a fee from a programme originator (e.g. a pay television service) or service distributor, enclose a copy of the signed contract or a letter from the programme provider attesting the provision of the service. m e fees to be paid to the provider of the service should be stated in the contract or letter.

PART 5

Financial

Estimated Administrative, transmitting and studio facilities costs.

Item Estimated Cost

1. Land and Buildings (including access and utilities) $_________________________

2. Receiving and Transmitting Equipment $_________________________

3. Signal Encryption Equipment $_________________________

4. Office and Administrative Equipment $_________________________

5. Other Equipment $_________________________ TOTAL $_________________________

For the facilities indicated, provide the costs of all equipment installed and in place and ready for operation which should include General Consumption Tax (GCT) where it cannot be claimed as In lupus tax credit.

Indicate the cost of the distribution equipment (cable).

Item Estimated Cost

1. Cable Plant (cable, amplifiers, splitters etc.) $

2. Cable support - (bracket, guy , etc $ _________________________

3. Poles and stanchions $ _________________________

4. Receiver and decoder $ _________________________

5. Installation and Labour $ _________________________

6. Other $ _________________________ TOTAL $ _________________________

Where costs are to be shared please attach a breakdown of such costs.

Installation Fee for customers receiving facility $____________

If a deposit is required, please indicate the terms under which the deposit is to be held. State whether the deposit is to be refunded upon return of the equipment and interest paid on the deposit.

Specify any equipment for which rental fees may be charged.

Subscriber Fees Specify the -

(a)

proposed installation lee (excluding GCT). $_____________________

(b)

monthly fee for the basic programme service which should not include equipment rental. $_____________________

Specify the monthly fees for service offered on a optional basis. Package or Channel Monthly FeeProgrammes included In the Package

Other $_____________________ ______________________

A balance sheet for the company or division of the company in respect of the proposed STV operations as of the anticipated date for commencement of operations and one year thereafter is to be attached.

Document attesting the availability of funds, whether provided by an individual or financial institution are to be submitted. Where an individual is providing funding a letter of commitment of the funds attested to by the financial institution where the funds are held is to be submitted.

Complete a table for each zone for which application is made attaching additional tables where necessary.

Zone _____________________________________

Projected Subscriber Base (at year end) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 1 Households 2 Subscriber 3 Penetration (% of household)

ZONE _____________________________________________________________

Projected Subscriber Base (at year end) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 1 Households 2 Subscriber 3 Penetration (% of household)

ZONE __________________________________________________________________

Projected Subscriber Base (at year end) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 1 Households 2 Subscriber 3 Penetration (% of household)

A summary of all zones applied for and details of the basis for all assumptions used for projections is to be attached NOTE: In respect of each zone a projected pre-tax income statement is to be completed.

ZONE __________________________________________________________________

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Projected Revenue1. Installations2. Basic Service3. Discretionary Service4. Equipment Rental5. Other (Specify)

TOTAL REVENUE

Projected Operating Expenses1. Payments to programme distributor(s). (State name of each distributor) _______________________________________________________________2. Pole Access Fees3. Installations (non-capital coats)4. Equipment maintenance

5. Customer service6. Licence Fees (5%)7. Other costs (specify)

TOTAL COSTS Projected operating income by zone ZONE NO.: ZONE NAME:

ZONE __________________________________________________________________

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Projected Revenue1. Installations2. Basic Service3. Discretionary Service

4. Equipment Rental5. Other (Specify)

TOTAL REVENUE Projected Operating Expenses1. Payments to programme distributor(s). (State name of each distributor) ____________________________________________________________2. Pole Access Fees3. Installations (non-capital coats)4. Equipment maintenance5. Customer service6. Licence Fees (5%)7. Other costs (specify) _______________

TOTAL COSTS

Projected operating income by zone

ZONE NO.:ZONE NAME:

Year 1 Year 2 Year 3 Year 4 Year 5 Year

Projected Revenue1. Installations2. Basic Service3. Discretionary Service4. Equipment Rental5. Other (Specify)

TOTAL REVENUE

Projected Operating Expenses1. Payments to programme distributor(s). (State name of each distributor) _________________________________________________________2. Pole Access Fees3. Installations (non-capital coats)4. Equipment maintenance5. Customer service6. Licence Fees (5%)7. Other costs (specify)

TOTAL COSTS Projected operating income by zone ZONE NO.:ZONE NAME:

FINANCIAL STATEMENT FOR ALL ZONES Year 1 Year 2 Year 3 Year 4 Year 5 Year

TOTAL REVENUES TOTAL COSTS

PROJECTED OPERATING INCOME Projected Expenses Establishment Costs Rent Utilities Other (Specify)

Administration Costs Salaries and Wages Professional fees Promotion Other (Specify)

TOTAL EXPENSES

Projected operating profit/loss Depreciation (give details) Profit/Loss before f financial charges FINANCIAL CIIARCES (give details)

Projected pre-tax profit or loss

Please state briefly any additional information you think will be helpful in the examination of this application.

I hereby declare that the information contained herein is true. SIGNED } for and on behalf of } ___________________________________ }

by ___________________________________ } ______________________________________ (Title) } on the _____ day of __________________ 19_____ } in the presence of } __________________________________________ (Justice of the Peace/Attorney-at-Law) }

FORM B2

THE BROADCASTING AND RADIO RE-DIFFUSION ACT APPLICATION FOR A SUDSCRIDER TELEVISION LICENCE - WIRELESS (Made Pursuant to regulation 3 (1)(a) of the Television and Sound

Broadcasting Regulation", 1996) NAME OF APPLICANT: __________________________________________________ ADDRESS OF PRINCIPAL PLACE OF BUSINESS:

TELEPHONE NO.: ________________ FAX NO.: _______________________ NAME OF CIIAIRMAN: __________________________________________________ NAME OF COMPANY SECRETARY: _______________________________________ NAME OF PERSON IN BUSINESS TO WHOM COMMISSION MAY REFER:

FOR OFFICE USE ONLY

Date application Received: Application Number: Date Licence Granted: Date Licence Refused: Reason for Refusal:

PART 1 Shareholders, Directors, Executive Officers and Other Staff

Names of Principal Shareholders Shares Held Nationality

Names of Principal Shareholders Shares Held Nationality Name of Chief Technical Officer:

Qualification:

Attach -

(a)

a list specifying the name and qualification of any -

(i)

engineer;

(ii)

technician, employed by you; or

(b)

a contract for the provision of such services. PART 2

Service Information Implementation When is it proposed to commence delivery of service?

Give either the planned calender date or length of time after the license la granted. Attach detailed implementation plan.

State zones in which applicant proposes to operate

Attach -

1. A service area diagram showing proposal coverage which shall include mast or tower located, retransmission sites and headband sites which are to be clearly shown on labelled map.

2. A diagram showing schematic site layout for head-end faculty which should also show adjacent buildings, boundries and rights of way.

3. A block and signal level diagram for each transmission site. Market Area

Indicate population and number of households in the service area. Population Households Source of household data: ______________________________________________ State the estimated number of subscribers to be served in the first year of

operation.

PART 3 System Information List details of proposed system.

(a)

Central Receiving Equipment (TVRO, Head-end Equipment, etc.) Type Quantity Manufacturer

(b)

Distribution Equipment (transmitter, repeater etc. - wireless). Type Quantity Manufacturer

(c)

Customer Receiving Equipment (Set top boxes, cables, antennas, down-converters, decipher/decoder.

Type Quantity Manufacturer

(d)

Standby Power Equipment Type Quantity Manufacturer

Standby system must be capable of providing a minimum of 3 hours of continuous power supply without degradation.

(e)

Test Equipment

NOTE: The applicant is to own items 1 and 2 and may own, or have firm contractual arrangements for access to items 3 and 4.

Attach specifications for the equipment and their capabilities.

Please provide information on company supplying equipment if different from manufacturer.

(f) Telecommunication Facilities List the telecommunication arrangements or devices (e.g. Telephone, Cellular Phone, Pager, Two-Way Radio, Fax, E-Mail, Voice Hail, etc).

PART 4 Service Distribution List all services to be distributed.

Programming Service(a) Reception Method (b) Service Offering

(c) Transmission Mode(d) Channel or Frequency (e) Power (Watts) (f)

1 2 3 4 5 6 7 8 9 10

NOTE:

(a)

Programming Service - Indicate the name of the programming channel. If it is a station indicate the call letters, location and channel or frequency.

(b)

Reception Method - Indicate 'satellite', 'off-air', 'microwave' or other. If other, specify.

(c)

Services Offered - Indicate whether channel is basic or optional.

(d)

Transmission Mode - Indicate 'E' for 'Encrypted' or 'N-E' for 'Non-Encrypted'.

(e)

Channel or Frequency - For television indicate the channel number.

If it is proposed to receive any service for a fee from a programme originator (e.g. a pay television service) or service distributor, enclose a copy of the signed contract or a letter from the programme provider attesting the provision of the service. The fees to be paid to the provider of the service should be stated in the contract or letter.

PART 5

Transmitting Facility Indicate the geographic coordinates of the transmitting site. _ ° _ ' _ " North Latitude _ ° _ ' _ " West Longitude. Mean height above sea level Describe the location of the transmitting facility.

Is it proposed to locate the transmitting facility at a site not owned by you.

[ ] Yes [ ] No If yes attach a copy of the lease agreement or memorandum of understanding from the owner of the site. The amount payable under the lease is to be stated in the agreement or memorandum of understanding.

PART 6 Financial Estimated Administrative, transmitting and studio facilities costs.

Item Estimated Cost

l. Land and Buildings (including access and utilities) $

1. Receiving and Transmitting Equipment $ __________________

2. Signal Encryption Equipment $ __________________

3. Programme Production Equipment (e.g. character generators, studio facilities where applicable) $ __________________

4. Office and Administrative Equipment $ __________________

5. Other Equipment $ __________________ TOTAL $ __________________

For the facilities indicated, provide the costs of all equipment installed and in place and ready for operation which should include General Consumption Tax (GCT) where It cannot be claimed as in input tax credit.

State the estimated cost of the customer wireless equipment used in a typical receiving installation.

Item Estimated Cost

1. Antenna, down-converter, cable $ __________________

2. Receiver or decoder $ __________________

3. Installation-labour $ __________________

4. Other $ __________________ TOTAL $ __________________

Indicate which equipment will be owned -

(a) by you (b) by the subscriber

Installation fee for customers receiving facility $_____________________________

Other $

If a deposit is required, please indicate the terms under which the deposit is to be held. State whether the deposit la to be refunded upon return of the equipment and interest paid on the deposit.

Specify any equipment for which rental fees may be charged. Subscriber Fees Specify the -

(a)

proposed subscriber Fee (excluding GCT). $ ______________________

(b)

monthly fee for the basic programme service which should not include equipment rental. $

Package or Channel Monthly FeeProgrammes included in the Package

A balance sheet for the company or division of the company in respect of the proposed STV operations anticipated startup date for operations and one year thereafter.

Document attesting the availability of funds, whether provided by an individual or financial institution are to be submitted. Where an individual is providing funding a letter of commitment of the funds attested to by the financial institution where the funds are held 1J to be submitted.

Projected Subscriber Base (at year end) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

1. Households

2. Subscriber

3. Penetration (% of household)

Details of the basis for all assumptions used for projections are to be attached.

Projected Revenue Year 6 Year 1 Year 2 Year 3 Year 4 Year5

1. Installations2. Basic Service 3. Discretionary 4. Equipment Rentals5. Other (Specify)

TOTAL REVENUE

Projected Operating Expenses1. Payments to programme distributor(s). (State name of each distributor) __________________________________________ 2. Installations (non-capital Costs)3. Equipment maintenance4. Customer service Costs5. Licence Fees (5%)6. Other Costs (specify) ______________________

TOTAL COSTS Projected operating income

FINANCIAL STATEMENT

Year 1 Year 2 Year 3 Year 4 Year5 Year6

TOTAL REVENUES

TOTAL COSTS

Projected operating income

Projected Expenses Establishment Cost Utilities Other (Specify) ____________________________________________________________________Ad ministration Costs Salaries and wages Professional fees Promotion Other (Specify)

TOTAL EXPENSES Projected operating profit/loss Depreciation (give details) Profit/Loss before financial charges FINANCIAL CHARGES (give details) Projected pre-tax profit or loss

Please state briefly any additional information you think will be helpful in the examination of this application.

_______________________________________________________________________.

I hereby declare that the information contained herein is true.

SIGNED }

} for and on behalf of }

} }

} by ________________________________________ } __________________________________________ (Title) } on the _____ day of __________________ 19_____ } in the presence of } __________________________________________ (Justice of the Peace/Attorney-at-Law) }

FORM C

THE BROADCASTING AND RADIO RE-DIFFUSION ACT

APPLICATION FOR A NON-COMMERCIAL BROADCASTING LICENCE (Made pursuant to regulation 3 (1) (a) of the Television and Sound Broadcasting Regulations, 1996)

Name of Applicant:____________________________________________________

Address of principal place of business:_____________________________________ _____________________________________

Telephone No: Fax No:

E-Mail Address: __________________________ Name of Chairman:

Name of Company Secretary:____________________________________________

Name of Local Contact person to whom commission may refer:

FOR OFFICE USE ONLY Date application received: ______________________________________________ Application number: ___________________________________________________ Date licence granted: __________________________________________________ Date licence refused: __________________________________________________ Reason for refusal: ____________________________________________________

PART 1 Shareholders, Directors and Executive Officers

Names of Board or Council members (where applicable):

Name of Chief Executive Officer: Qualification: __________________________________________________________

Name of Chief Technical Officer: Qualification:

PART 2 Service Information Implementation Type of service to be implemented

When do you propose to begin providing service?

Give either the planned calendar date or length of time from the time the licence is granted. Attach detailed implementation plan.

Service Area Map Attach a clearly legible service area map showing precisely the area to be covered and the method of delivery to be used indicating the location of the main studio facility and all transmitter sites.

Attach a diagram showing a propagation plan for the entire area to be served.

PART 3

System Information

List below elements of the system indicating precisely details of equipment to be used.

(a) Studio Equipment

(b) Transmitter Equipment

NOTE: 1. Attach specifications for all the abovementioned equipment and their capabilities.

1. Information on the company supplying equipment is to be provided if the supplier is different from the manufacturer.

2. Attach proof of permission to set up operations in Jamaica (where applicable). PART 4

Programming Please indicate the number of hours of broadcasting each day

(a)

at the commencement of the operation:

(b)

in full operation:

List of services to be distributed

NOTE: If permission has to be obtained in order to set up operations in Jamaica enclose a copy of the document granting such permission.

PART 5

Financial

Estimate of administrative, transmitting and studio facilities costs including General Consumption Tax where it cannot be claimed as an input tax credit.

Item Estimated Cost

1. Land and building (including access and utilities) $_______________

2. Receiving and transmitting equipment $_______________

3. Programme production equipment $_______________

4. Office and administrative equipment $_______________

5. Other equipment $_______________

TOTAL $_______________

The following documents are to be submitted-

(a)

Documents attesting to the availability of funds, whether provided by an individual or financial institution.

(b)

Annual returns for the last three years.

(c)

Where an individual is providing funding, a letter of commitment of the funds attested to by the financial institution where the funds are held.

Please state briefly any other information which you think may be helpful in the examination of this application.

Signature and Title Date

SECOND SCHEDULE (Regulations 4, 17, 29 and 32)