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The Television & 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 -

1. engaging in commercial broadcasting or offering subscriber television service shall make an application form set out in the first schedule;
2. 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 or to establish, maintain or operate a radio re-diffusion system shall -

1. comply with the relevant provisions of the Radio and Telegraph Control Act and the Regulations made thereunder;
2. (b) satisfy the commission that it has -

1. the ability to adequately staff the business, technically and administratively;
2. a business plan for the viable operation of the business;
3. the capability to offer the service for at eight continuous hours per day;
4. secured the relevant permission or has entered into agreements or arrangements necessary for the operation of the business;
5. an implementation plan and timetable for the provision of service in the area for which application is made;

3. 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.

Licensee fees.

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

1. a licence fee of -

1. fifty thousand dollars in respect of a licence to engage in commercial broadcasting;
2. fifty thousand dollars in respect of a licence to establish, maintain or operate a radio re-diffusion system;

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

 

1. two hundred and fifty thousand dollars in respect of a wireless local multipoint distribution system; or
2. five hundred thousand dollars In respect of a wireless multichannel multipoint distribution system; or
3. fifty thousand dollars in respect of a wired system.

(2) A licensee who operates subscriber television service shall, upon the anniversary of the grant of the licence or within thirty days before the anniversary thereof, pay to the Commission an annual licence fee of five per cent of "gross subscriber fees received in the preceding year.

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 Commission for the renewal thereof in such manner as the Commission may determine.

An application for renewal of a licence shall be accompanied by a renewal fee of ten 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.

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 -

1. 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;
2. any advertisement in respect of any drug, medicament or similar article complies with the relevant provision Of the Food and
3. 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 -

1. 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;
2. the advertising content of any program shall be -

1. one and one-half minutes, in the case of a programme lasting five minutes;
2. two minutes, in the case of a programme lasting ten minutes;
3. three minutes, in the case of a programme lasting fifteen minutes;
4. 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.

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.

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

Procedures regarding complaints by
subscribers of subscriber television service.

24. (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.

(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 bellev6 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;

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

Commission may issue directives.

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

Licensee to keep regulations and technical standards at registered office.

32. 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 -

(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.

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