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2016 Broadcasting Amendment No. 7
SAMOA
Arrangement of Provisions
1. Short title and commencement 10. Functions and duties of the
2. Interpretation Regulator regarding
3. Objectives of this Act competition
4. Insertion of new provision 11. Repeal of sections
5. Appointment of Regulator 12. Determination of abuse of
6. Office of the Broadcasting dominance and anti-
Regulator competitive practices
7. Part III on Broadcasting 13. Remedies for abuse of
Tribunal dominance and anti-
8. Appeal of orders of the competitive practices
Regulator to the Broadcasting 14. Transfers of control of service
Tribunal providers
9. Broadcasting policies 15. Appeal against surcharge
16. Consequential amendments
2016, No. 7
AN ACT to amend the Broadcasting Act 2010 (“the Principal
Act”). [09 th
February 2016]
BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
1. Short title and commencement-(1) This Act may be cited
as the Broadcasting Amendment Act 2016.
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(2) This Act commences on the date of assent by the Head of
State.
2. Interpretation - In section 2 of the Principal Act:
(a) for the definition of “broadcasting service” substitute:
““broadcasting service” means a service that delivers
television programs or radio programs to a person
having equipment appropriate for receiving that service,
whether the delivery uses the radio frequency spectrum,
cable, optical fibre, satellite or any other means of a
combination of those means, but does not include:
(a) a service (including a teletext service) that provides
no more than data, or no more than text (with or
without associated still images); or
(b) a service that makes programs available on demand
on a point-to-point basis, including a dial-up
service;”; and
(b) insert in alphabetical order:
““Broadcasting Tribunal” means the Telecommunications
Tribunal established under the Telecommunications Act
2005;”.
3. Objectives of this Act - Section 3 of the Principal Act is
amended as follows:
(a) repeal paragraphs (b) and (h); and
(b) after paragraph (o) insert:
“(p) encourage and preserve cultural diversity; and
(q) establish measures for the control of broadcasting
content to protect vulnerable sectors of the
public such as children and to reflect
community standards.”.
4. Insertion of new provision - After section 4 of the Principal
Act under Part II, insert:
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“4A. The Regulator and Office of the Regulator - The
Regulator under the Telecommunications Act 2005 shall be ex
officio the Broadcasting Regulator and the Office of the
Regulator established under the Telecommunications Act 2005
shall function as the Office of the Broadcasting Regulator in
accordance with the Telecommunications Act 2005 unless and
until separately appointed and administered according to this
Part.”.
5. Appointment of Regulator - Section 5 of the Principal Act
is amended as follows:
(a) for subsections (1), (2) and (3) substitute:
“(1) The Head of State, acting on the advice of Cabinet,
may appoint a person as Regulator for a term of up to three (3)
years, who shall have and exercise the responsibilities,
functions and powers conferred by this Act and any applicable
law.
(2) The appointment of a Regulator may be renewed by the
Head of State, acting on the advice of Cabinet.
(3) Cabinet may appoint a suitable regulatory body within
or outside Samoa to act as Regulator for the purposes of this
Act on such terms and for such period as Cabinet approves, and
if the arrangement is no longer required or considered to be
unsatisfactory in meeting the objectives of this Act, Cabinet
may revoke such appointment.”;
(b) subsections (4), (7)(a) and (10) are repealed;
(c) in subsections (8) and (9), for “subsection (4)”,
substitute “subsection (3)”.
6. Office of the Broadcasting Regulator - In section 8,
subsection (15) of the Principal Act is repealed.
7. Part III on Broadcasting Tribunal - Part III of the
Principal Act is repealed.
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8. Appeal of orders of the Regulator to the Broadcasting
Tribunal - In section 10(1) of the Principal Act omit “established
under section 11”.
9. Broadcasting policies-(1) Section 29 of the Principal Act is
amended as follows:
(a) in subsection (1), for “The Ministry shall propose, and
the” substitute “The”;
(b) subsection (4) of the Principal Act is repealed;
(c) in subsection (9), after “consult with” insert “the
Regulator and other”.
10. Functions and duties of the Regulator regarding
competition - Section 31 of the Principal Act is amended as
follows:
(a) in subsection (1), paragraphs (c), (d) and (e) are
repealed;
(b) for subsection (2), substitute:
“(2) Wherever a conflict arises between the provisions of
this Act and the provisions of any other legislation regulating
competition in broadcasting markets in Samoa, the provisions
of this Part shall prevail except in relation to the
Telecommunications Act 2005 in which case the latter shall
prevail.”.
11. Repeal of sections - Sections 32 and 33 of the Principal
Act are repealed.
12. Determination of abuse of dominance and anti-
competitive practices - For section 35 of the Principal Act,
substitute:
“35. Determination of service provider’s anti-
competitive practices - The Regulator may, on application by
any person, or on the Regulator’s own initiative, determine:
(a) whether or not the actions or activities of a service
provider amount to an anti-competitive practice
within the meaning of section 34; or
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(b) that an action or activity of a service provider under
sections 34 is authorized and does not
contravene this Act, on the grounds that such
activities are in the public interest and otherwise
consistent with the objectives set out in section
3.”.
13. Remedies for abuse of dominance and anti-competitive
practices - Section 36 of the Principal Act is amended as follows:
(a) in the section title, omit “abuse of dominance and”;
(b) omit, “an abuse of the service provider’s dominant
position or”.
14. Transfers of control of service providers - In section 37,
subsection (2) of the Principal Act substitute:
“(2) No transfer of control of an individual licensee shall be
effected without the prior approval of the Regulator if as a
result of the transfer, a person, alone or with affiliates, would
control service providers whose gross revenues in a specific
broadcasting market constitutes 40% or more of the total gross
revenues of all service providers in that market.”.
15. Appeal against surcharge - In section 40(2) of the
Principal Act omit “established under section 11”.
16. Consequential amendments-(1) In the Principal Act, omit
“dominant” wherever occurring.
(2) In section 2 of the Principal Act omit “universal access
policy” and meaning from interpretation.
(3) Section 30(1)(a) of the Principal Act is repealed.
The Broadcasting Amendment Act 2016 is administered by the
Ministry of Communications and Information Technology.
Printed by the Clerk of the Legislative Assembly,
by authority of the Legislative Assembly.