Règlement de 1996 sur la radiodiffusion télévisée et sonore, Jamaïque

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

(a)	shall be exempt from the provision of paragraph (1)
	(b) (ii); and
ThirdSchedule	(b)	in addition to complying with the provisions of

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

Type Quantity		Manufacturer
1	Signal level Measuring Device
2	Leakage Detector
3	Cable TV Analyzer
4	Remote Line Monitoring and Network Management
5	Frequency Counter
6	Waveform Monitor

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.

Programming Service (a) Reception Method (b)			Service Offering
(c)	Channel or Frequency (d)	Transmission Mode (d)
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)

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

1	$_____________________ _____________________
2	$_____________________ ______________________
3	$_____________________ ______________________

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

Type Quantity		Manufacturer
1	Signal Strength Meter
2	Watt Meter
3	Spectrum Analyser
4	Other

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)

TECHNICAL STANDARDS
PART I
General
Television standards Channel bandwidth Channel configuration	NTSC 6.o HHZ per channel Standard 4.5 HHZ video/audio separation: Audio

15-17 dB below carrier Minimum signal level at TV input O dBmV across 75 ohm termination at the channel Minimum carrier/Noise 30 dBc (below carrier) Visual carrier frequency 1.256 MHZ above channel lower limit Permissible variation of visual carrier level

(a)

over 24 hours 12 dB max

(b)

between two adjacent 3 dB max

(c)

between any two channels 12 dB max Frequency response (each channel) +2 do from 0.75 HHZ to 4 HHZ above visual carrier level Aural frequency deviation 25 KHZ Signal to inter-modulation radio 46 dB min. Radiation level less than 15 microvolts per meter at 30 meters Line amplifier voltage 60 Vac sax

PART II

Cable

This Part applies to the performance of a subscriber television system as measured at any subscriber terminal with a matched impedance at the termination point or at the output of the modulation or processing equipment (generally the head-end) of the subscribe television system and are applicable to each NTSC or similar video downstream subscriber television channel in the system.

1. The subscriber television channels delivered to the subscriber's terminal shall be capable of being received and displayed by TV broadcast receivers used for the off-the-air reception of TV broadcast signals.

(2)

Subscriber television systems shall -

(a)

transmit channels to subscriber premises equipment on frequencies in accordance with the channel allocation plan specified in the Appendix;

(b)

use the channel allocation plan for signals transmitted in the frequency range 54 MHz to 1002 MHz.

1. The aural centre frequency of the aural carrier shall be 4.5 MHz + 5r Hz above the frequency of the visual carrier at the output of the modulating or processing equipment of a subscriber television system and at the subscriber terminal.

2. (1) The visual signal level across a terminating impedance which correctly matches the lateral impedance of the subscriber system as viewed from the subscriber terminal shall -

(a)

not be less than 1 millivolt across an internal impedance at 75 ohms(0dBmV);

(b)

as measured at the end of a 30 metre cable drop that is connected to the subscriber tap, not be less than 1.41 millivolts across an internal impedance of 75 oboe (+ 3 dBmV).

(2)

At other impedance values, the minimum visual signal level as viewed from the subscriber terminal, shall be the square root of 0,0133 (Z) millivolts and, as measured at the end of 30·metre cable drop that is connected to the subscriber tap shall be 2 times the square root o.oo662

(Z)

millivolts, where 'Z' is the appropriate impedance value.

5. The visual signal level on each channel as measured at the end of 30 metre cable drop that 1J Connected to the subscriber tap shall not vary more than 8 decibels within any six-month interval, and shall be maintained within -

(a)

3 decibels (dB) of the visual signal level of any visual carrier within a 6 MHz nominal frequency separation;

(b)

10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of a cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable distribution system upper frequency limit (for example, 11 do for a system at 301-400MHz and 12dB for a system at 401-500 MHz, etc.); and

(c)

a maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur.

6. (1) The roe voltage of the aural signal shall be maintained between 10 and 20 decibels below the associated visual signal level and shall be met at the subscriber terminal and at the output of the modulating and processing equipment (generally the head-end).

(2) Subscriber terminal which use equipment which modulate and Demodulate the signal (for example, base band converters), the rats voltage of the aural signal shall be maintained between 6.5 and 17 decibels below the associated visual level at the subscriber terminal.

7. (1) The amplitude characteristic shall be a range of 2 decibels from 0.75MHz to 5.0 MHz above the lower boundary frequency of the cable television channel referenced to the average of the highest and lowest amplitudes within those frequency boundaries.

(2) The amplitude characteristic may be measured after subscriber tap and before a converter which is provided and maintained by the licensee y be measured at the subscriber terminal.

1. The ratio of RF visual signal level to system noise shall not be leas than 40 decibels.

2. The ratio of visual signal level to the systems amplitude of any coherent disturbances (for example, intermodulation products, second and third order distortions or discrete frequency interfering signals not operating on proper offset assignments) -

(a)

shall not be less than 51 decibels for noncoherent channel subscriber television systems, when ensured with modulated carriers and time averaged; and

(b)

which are frequency-coincident with the visual carrier, shall not be le then 47 decibels for current channel subscriber system when measured with modulated carriers and time averaged

10. The terminal isolation provided to each subscriber terminal -

(a)

shall not be less than 18 decibels in lieu of periodic testing, so however, that the licensee any use specifications provided by the

manufacturer for the terminal isolation equipment to meet this standard; and

(b)

shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber terminals from producing visual picture impairments at any other subscriber terminal.

11. (1) The peak-to peak variation In visual signal level caused by undesired low frequency disturbances (hue or repetitive transients) generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the Visual signal level.

(2) Measurements made on a single channel using a single unmodulated Carrier may be used to demonstrate compliance with this parameter at each test location.

12. With effect from January 1, 1997, the following requirements apply to the performance of the subscriber television system as measured at the output of the modulating or processing equipment (generally the head-end) of the system -

(a)

the chrominance-luminance delay inequality (or chrome delay) which is the change in delay tiara of the chrominance component of the signal relative to the luminance component, shall be within 170 nanoseconds;

(b)

the differential gain for the colour subscriber of the television signal which is measured as the difference in amplitude between the largest and Smallest segments of the chrominance signal divided by the largest, shall not exceed 20%; and

(c)

the differential phase for the colour subscriber of the television signal which is measured as the largest phase difference in degrees between each segment of the chrominance signal and reference segment (the segment at the blanking level of 0 IRE) shall not exceed +10 degrees.

13. Signal leakage from a subscriber television systems shall be limited as follows -

Frequencies Signal leakage limit Distance in matte (m)

1. Not exceeding 54 MHz and over 216 MHz 30	15 microvolt/metre
2. Over 54 MHz but not exceeding 216 MHz 3	20 microvolt/metre

The cumulative leakage index (CLI) air based criterion shall not exceed 10 (microvolt/metre) rms at a level of 450 meters above the cable systems average ground level.

Frequency Bands

14. (1) For operation in the frequency bands 108-137 and 225-400 MHz the standards relating to Signal Leakage Performance Criteria and Frequency Separation Standards are applicable to all subscriber television systems transmitting carriers or other signal components carried at an average power level equal to or greater than 10(4) watts across a 25 KHz bandwidth in any 160 microsecond period at any point in the cable distribution system in the frequency bands 108-137 and 225-400 MHz for any purpose.

(2) Before transmitting any carrier or other signal component with an average power level across a 25 Hz bandwidth In any 160 microsecond time period equal to or greater than 10-(4) watts at any point in the subscriber television distribution systems on any new frequency or frequencies the aeronautical radio frequency bands the licensee is to notify the Commission.

Signal Leakage Performance Criteria

1. A licensee shall not provide subscriber television service on any system in the frequency hands 108-137 and 225-400 MHz unless such system meets at least one of the following subscriber television basic signal leakage performance criteria -

(a)

prior to the carriage of signals in the aeronautical radio bands and at least once each calender year, with no acre than 12 months between successive tests based on a sampling of at least 75% of the cable strand and including any portion of the subscriber television system which is known to have or can reasonably be expected to have less leakage integrity than the average of the system, compliance with a cumulative signal leakage index is demonstrated by proving that -

(i)

10 log 1(3000) is equal to or less than -7; or

(ii)

10 log 1 (00)" is equal to or less than 64,

using one of the following formulae -

Where -"E;" means the electric field strength in microvolt per meter V/m; "n" means the number of leaks found of field strength equal to or greater

than 50 uV/m; "0" means the fraction of the subscriber television system cable length actually examined need for leakage sources which is equal to the strand kilometres of plant tested divided by the total strand kilometres in the plant;

"r" means the distance in metres between the leakage source and the centre of the subscriber television system;

"R" means the 4pheet height distance in metres from the leakage a W ace to a point 3000 meters above the centre of the subscriber television system;

(b)

prior to carriage of signals in the aeronautical radio bands and at least Once each calendar year with no more than 12 months between successive tests the subscriber television system operator demonstrates by measurement in the airspace that at no point does the field strength generated by the subscriber television system exceed 10 microvolt per meter (uV/m) rms at an altitude of 450 metres above the average terrain of the subscriber television system;

(c)

the measurement system (including the receiving antenna) shall be calibrated against a known field of 10 uV to rms produced by a well characterized antenna consisting of orthogonal resonant dipoles, both parallel to and one quarter wavelength above the ground plane of a diameter of two entree or more at ground level;

(d)

the dipoles shall have centres colocated and be excited 90 degrees apart;

(e)

the half-power bandwidth of the detector shall be 25KNz;

(f)

an aircraft antenna shall be horizontally polarised;

(g)

calibration shall be made In the community by unit or, if more than one, in any of the community units of the physical system within a

reasonable time period to performing the measurements; and if data is recorded digitally the 90th percentile level of points recorded over the cable system shall not exceed 10 uV/m rms;

(h)

if analog recordings are used the peak values of the curves when smoothed according to good engineering practices shall not exceed 10 uV/m rms.

1. Subscriber television service transmitting carriers in the frequency band 108-137 and 225-400 MHz shall provide a programmes of regular monitoring for signal leakage by substantially covering the plant every three months.

2. Monitoring equipment and procedures utilized by licensees shall be adequate to detect a leakage source which produces a field strength In the bands of 20 uV/m or greater at a distance of 3 Nether and any leakage source which produces such a field strength in the aeronautical radio frequency bands shall be noted and such leakage measures shall be repaired within a reasonable time.

Frequency Separation Standards

All subscriber television systems which operate in the frequency bands 108-137 and 225-400 MHz shall comply with the following frequency separation standards.

1. In the aeronautical radio communication bands 108-137, 225-328.6 and 335.4-400 MHz, the frequency of all carrier signals or signal components carried at an average power level equal to or greater than 10(4) watts in a 25ZHz bandwidth in any 160 microsecond period shall operate at frequencies offset from certain frequencies which may be used by aeronautical radio services and the aeronautical frequencies from which offsets shall be maintained are those frequencies which are within one of the aforementioned aeronautical bands, and when expressed in MHz and divided by 0.025 yield an integer, the offset meeting one of the following criteria -

(a)

all such cable carriers or signal components shall be offset by 12.5hs h a frequency tolerance of + 5K Hz; or

(b)

the fundamental frequency from which the visual carrier frequencies are derived by multiplication by an integer number which shall be 6.0003 MHz with a tolerance of + 1Hz, Harmonically Related Carrier (CRC) comb generators only;

2. In the aeronautical radio navigation bands 108-118 and 328.6-335.4 MHz, the frequency of all carrier signals or signal components carrier at an average power level equal to or greater than 10(-4) watts in a 25 Hz bandwidth in any l60 microsecond period shall be offset by 25 hz with a tolerance of + 5 he and the aeronautical radio-navigation frequencies from which offsets shall be maintained are as follows -

(a)

within the aeronautical band 108-118 MHz when expressed in MHz and divided by 0.025 yield an even integer;

(b)

within the band 328.6-335.4 MHz.

NOTE: She Harmonically Related Carrier (HRC) system shall meet the requirement in the 328.5-335.4 RHz navigation glide path band, those incrementally Related Carriers (IC) system with comb generator reference frequencies set at certain odd multiples equal to or greater than 3 times the 0.0125 MHz aeronautical communications band offset (for example 6n 1.250 + 0.0375 MHz may also meet the 25 hz offset requirement in the navigation glide path band).

APPENDIX

CHANNEL ALLOCATION PLAN FOR SUBSCRIBER TELEVISION

No allocation shall be made by a licensee who operates subscriber television service for operations over the standard VHF Channels chic are in use for over the air television broadcasting operations in the zone served by the licensee, that is to any, channels 2 to 13.

Sub low Band Channel

Frequency Band (MHz) Visual Carrier

5.75 - 11.7511.75 - 11.7511.75 - 23.7523.75 - 29.7529.75 - 35.7535.75 - 41.7541.75 - 47.75 7.00 MHz13.0019.0025.0031.0037.0042.00

Mid Band Channels

Channel Frequency Band Standard Visual Carrier 12 108 - 114 109.25 13 114 - 120 115.25 14 120 - 126 121.25 15 126 - 132 127.25 16 142 - 138 133.25 17 138 - 144 139.25 18 144 - 150 145.25 19 150 - 156 151.25 20 156 - 162 157.25 21 162 - 168 163.25 22 168 - 174 169.25 Super Band channels 23 216 - 222 217.25 24 222 - 228 223.25 25 228 - 234 229.25 26 234 - 240 235.25 27 240 - 246 241.25 28 246 - 252 247.25 29 252 - 258 253.25

30 258 - 264 259.25 31 3264 - 270 265.25

32 270 - 276 33 276 - 282 34 282 - 288 35 288 - 294 36 294 - 300 Hyper Band 37 300 - 306 38 306 - 312 39 312 - 318 40 318 - 324 41 324 - 330 42 330 - 336 43 336 - 342 44 342 - 348 45 348 - 354 46 354 - 360 47 360 - 366 48 366 - 372 49 372 - 378 50 378 - 384 51 384 - 390 52 390 - 396 53 396 - 402 54 402 - 408 55 408 - 414 56 414 - 420 57 420 - 426 58 426 - 432 59 432 - 438 60 438 - 433 61 444 - 450 62 450 - 456 63 456 - 462

271.25

227.25

283.25

287.25

295.25

301.25

107.25

313.25

319.25

325.25

331.25

337.25

343.25

349.25

355.25

361.25

367.25

373.25

379.25

385.25

391.25

497.25

403.25

409.25

415.25

412.25

427.25

433.25

439.25

445.25

451.25

457.25

64 462 - 468 463.25 65 468 - 467 469.25

THIRD SCHEDULE(Regulation 4 (3) (b))

TECHNICAL STANDARDS, NON-COMMERCIAL BROADCASTING

PART I

FM STANDARDS

1. Frequency modulated (FM) Stations shall utilize the band 88 MHz to 108 MHz.

2. The occupied bandwidth shall be 200 kHz.

3. The maximum frequency deviation for stations not employing a sub-carrier shall be + 75 kHz or 100% modulation.

4. Distance between stations broadcasting on the same channel shall be separated by 115 Km.

5. For 1st adjacent channel the distance shall be 72 Km.

6. For 2nd adjacent channel the distance shall be 31 Km.

7. Polarization shall be the standard Horizontal Polarization except were required circular or elliptical polarization may be employed.

8. Emission on Frequency removed from the carrier by 12 kHz to 240 kHz shall be attenuated at least 25dB below the level of the unmodulated carrier.

9. Emission on Frequency removed from the carrier by greater than 240 kHz and up 600 kHz shall be attenuated by 35dB below the level of the unmodulated carrier.

PART II

FM STEREOPHONIC SOUND TRANSMISSION STANDARD

1. A FM broadcast station shall not use 19 kHz ± 20 Hz, except as the stereophonic pilot frequency in a transmission system meeting the following parameters-

(a)

the modulating signal for the main channel consists of the sum of the right and left signals;

(b)

the pilot subscriber at 19 kHz + 2 Hz shall frequency modulate the main carrier between the limits of 8 and 10 per cent;

(c)

one stereophonic subcarrier shall be the second harmonic of the pilot subcarrier (that is, 38 kHz) and shall cross the time axis with a positive slope simultaneously with each crossing of the time axis by the pilot subcarriers which are not precluded;

(d)

double sideband, suppressed-carrier amplitude modulation of the stereophonic subcarrier at 38 kHz shall be used;

(e)

the stereophonic subcarrier at 38 kHz shall be suppressed to a level less than 1 % of the main carrier;

(f)

the modulating signal for the required stereophonic subcarrier shall be equal to the difference of the left and right signal;

(g)

the applicable modulating levels-

(i)

when a signal exists in only one channel of a two channel (biphonic) sound transmission, modulation of the carrier by audio components within the base band range of 50 Hz to 15 kHz shall not exceed 45%, and modulation of the carrier by the sum of the amplitude modulated subcarrier in the base band range of 23 kHz to 53 kHz shall not exceed 45%;

(ii)

when a signal exists in only one channel of a stereophonic sound transmission having more than one stereophonic subcarrier in the base band, the modulation of the carrier by audio components within the audio base band range of 23 kHz to 99 kHz shall not exceed 53% with total modulation not to exceed 90%;

(iii) a station not transmitting stereo with a method described above shall limit the main carrier deviation caused by any modulating originals to occupying the band 19 kHz + 20 Hz to 125 Hz.

2. All stations, regardless of the stereophonic transmission shall not exceed the maximum modulation limits of 100% on peaks on frequent recurrence referenced to 75 kHz deviation. Stations providing subsidiary communications services using subcarrier standards concurrently with the broadcasting of stereophonic or monophonic programmes may increase the peak modulation deviation as follows-

(a)

the total peak modulation may be increased 0.5 per cent for each per cent subcarrier injection modulation;

(b)

the modulation shall not exceed 110 per cent (82.5 kHz peak deviation).

FOURTH SCHEDULERegulation 5 (2) (b))

THE BROADCASTING AND RADIO RE-DIFFUSION ACT

Subscriber Television Quarterly Return pursuant to regulation 5 (2) (b) of the Television and Sound Broadcasting Regulations, 1996

Return Period

From To

Name of licensee Business address of licensee Business telephone No. Facsimile E-mail Name of Chief Executive Officer

Detail of Revenue Collected for Payment of Licence Fee

Licence fee (5% of Total subscription fee collected for quarter) $..............................................

The information requested below should only be given if different from the information submitted for the previous quarter.

Industry Information No. of employees................................................................................................. .......…… No. of households served...........................................................................................…… No. of television sets connected..................................................................................…... No. of channels offered................................................................................................….. No. of packages offered..............................................................................................…...

Fees Charged

Type Amount

Subscription Basic....................................................... Packages.................................................

(Please specify type)

Installation.......................................................... .... Reconnection....................................................... .... Other................................................................... ....

(Please specify)

Please indicate, by placing an “X” in the relevant box, other services offered and technological devices being utilized by your company.

ô Internet service ô Telephony service ô Addressable system ô Other (Please specify)

Signature................................................................................ Date..............................

Chief Executive Officer

NOTE: The information submitted on this Return is subject to verification by the Broadcasting Commission's auditors.