CHAPTER
307
TELEVISION REGULATORY AUTHORITY |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Establishment of Authority. |
|
Right of Authority to inspect records of
licensee. |
|
Tampering with wires or equipment. |
Carrying out of works by licensee. |
SCHEDULE. |
CHAPTER 307 |
TELEVISION
REGULATORY AUTHORITY |
An Act to
establish an Authority to advise and oversee the operations of licensed cable
television operators and to make provision with respect to matters ancillary to
those operations. | 27 of 1994
8 of 1998
27 of 1999 |
[Assent 27th
October, 1994]
[Commencement 28th October, 1994] |
1. This Act may be cited as the Television Regulatory
Authority Act, 1994. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Authority"
means the body established under section 3; |
"licensee"
means the holder of a licence issued under section 21 of the Broadcasting Act
authorising the operation of a television or cable-television service; |
"Minister"
means the Minister responsible for relations with the Broadcasting Corporation
of The Bahamas. |
3. (1) There shall be established for the purposes of
this Act a body to be called the Television Regulatory Authority. | Establishment of Authority. |
(2) The provisions
of the
Schedule shall have effect as to the constitution of the Authority and
otherwise in relation thereto. |
4. It shall be the duty of the Authority to- | Functions of Authority. |
(a) oversee on
behalf of the Minister the operations of persons licensed to provide television
or cable television services, the revocation and the suspension of those
licences; |
(b) permit
changes with the approval of the Minister in the rates to be charged to
subscribers to basic cable television services; |
(c) make
recommendations to the Minister on matters relating to the licensing of persons
to provide television services, the revocation and the suspension of those
licences; |
(d) make
recommendations to any public body or agency on any matter which that body or
agency is seized of respecting any aspect of the operation of a licensee; |
(e) make
recommendations to the Minister on the context or form of any regulations which
the Minister proposes to promulgate in respect of licensees. |
5. (1) With a view to the supervision of licensees the
Authority or any person designated under the hand of the chairman of the
Authority may request any licensee to permit the inspection by the Authority of
all books, records, plans, financial statements and other like documents of a
licensee that relate to the operations of the licensee. | Right of Authority to inspect records of licensee. |
(2) The Authority
may make copies of any matter produced to it by a licensee for inspection
pursuant to subsection (1) and any information obtained therefrom may be used
by the Authority in the carrying out of its functions in relation to that
licensee. |
6. Every person who without the permission of a
licensee makes any connection, whether physically, electrically, acoustically,
inductively or otherwise to any part of the cable television system operated by
a licensee for the purpose of enabling himself or others to receive any
television signal, pictures, programs, sounds or any other information or
intelligence transmitted over the cable television system operated by the
licensee is guilty of an offence punishable on summary conviction by a fine not
exceeding ten thousand dollars and to imprisonment for a term not exceeding two
years. | Unlawful connection. |
7. Every person who without the consent of a licensee
or other lawful authority tampers with, removes or injures any cable, wire or
other equipment used by a licensee for the distribution of television signals,
pictures programmes, sounds or other information transmitted over the cable
television system of the licensee is guilty of an offence punishable on summary
conviction by a fine not exceeding ten thousand dollars and to imprisonment for
a term not exceeding two years. | Tampering with wires or equipment. |
8. (1) For the purpose of constructing or installing
any system of distribution of a television or cable television service a
licensee, his agents and servants may at all reasonable times and after
reasonable notice in writing to the Minister charged with responsibility for
Public Works cause to be erected or laid and carried through, along, under, or
over any public way in accordance with the approval of that Minister any posts,
standards or other apparatus as is necessary to effect the distribution. | Carrying out of works by licensee. |
(2) Whenever it is
necessary so to do for the purpose of maintaining or repairing a system or any
part thereof to which subsection (1) applies, the licensee, his agents or
servants may at all reasonable times after reasonable notice in writing to the
Minister charged with responsibility for Public Works enter upon any public way
on, under or over which works have been previously carried out pursuant to
subsection (1) and may carry out there all works necessary for repair or
maintenance, including the felling or lopping of trees, the removal of
vegetation, the digging up of any street. |
(3) Nothing in
subsection (1) shall be construed as- |
(a) exempting
the licensee from the requirement to obtain the prior agreement of the owner of
any property affected by any work to be carried out pursuant to subsections (1)
and (2) or from the liability to pay any compensation to a person for any
injury or damage to that person or to or for the use of, his property; |
(b) conferring
upon a licensee the right to pursue the erection of poles along a public way
where there already exists in the opinion of the Minister responsible for
Public Works a sufficient number of poles available for use to the licensee on
reasonable terms. |
(4) Any works
carried out by a licensee under this section shall be done in a manner and by a
method that causes as little damage or inconvenience as possible and the
licensee shall restore the land, public way or site upon which the works were
carried out to its former condition or to as near that condition as is
possible. |
SCHEDULE (Section 3) |
1. (1) The
Authority shall consist of not less than five and not more than seven persons to
be appointed by the Governor-General, being persons appearing to the
Governor-General to be qualified as having had experience of, and shown
capacity in, matters relating to industry, finance, economics, engineering,
accountancy, commerce or law, or being members of the general public. | Appointment of Authority. |
(2) Two of the
appointments to be made pursuant to subparagraph (1), shall be made after
consultation with the Leader of the Opposition. |
2. (1) A
person shall not be qualified for appointment as a member of the Authority who
is a member of either House of Parliament or the holder of any office of
emolument under the Crown. | Disqualification for membership of Authority. |
(2) The office of
a member of the Authority shall become vacant if any circumstances arise that,
if he were not a member of the Authority, would cause him to be disqualified
for appointment as such by virtue of subparagraph (1). |
3. The
Governor-General may appoint any person qualified for appointment as a member
of the Authority to act temporarily in the place of any member of the Authority
in the case of the absence or inability to act of such member. | Temporary appointment. |
4. (1) The
appointment of a member of the Authority shall subject to the provisions of
this Schedule, be for a period of not more than three years and such member
shall be eligible for reappointment. | Tenure of office. |
(2) The
Governor-General may at any time revoke the appointment of any member of the
Authority if in the opinion of the Governor-General the member is guilty of
neglect of duty, inefficiency, incompetence, misconduct or malfeasance. |
5. (1) The
Governor-General shall appoint one of the members of the Authority to be
chairman thereof and in the case of the absence or inability to act of the
chairman, may appoint any other member of the Authority to perform the
functions of the chairman. | Chairman. |
(2) In the case of
the absence or inability to act, at any meeting, of the chairman, the remaining
members of the Authority may elect one of their number to preside at that meeting. |
6. (1) Any
member of the Authority other than the chairman may at any time resign his
office by instrument in writing addressed to the Governor-General and
transmitted through the chairman and from the date of receipt by the
Governor-General of such instrument such member shall cease to be a member of
the Authority | Resignation. |
(2) The chairman
may at any time resign his office by instrument in writing addressed to the
Governor-General and such resignation shall take effect as from the date of the
receipt of such instrument by the Governor-General. |
7. The
names of all members of the Authority as first constituted and every change of
the membership thereof shall be published in the Gazette. | Publication of membership. |
8. (1) The
Authority shall be a body corporate having perpetual succession and a common
seal and with power to acquire, hold and dispose of land and other property of
whatever kind. | Incorporation. |
(2) The seal of
the Authority shall be authenticated by the signatures of the chairman or one
member of the Authority authorized to act in that behalf and the secretary of
the Authority and shall be judicially noticed. |
(3) All documents,
other than those required by law to be under seal, made by, and all decisions
of, the Authority may be signified under the hand of the chairman or any member
authorized to act in that behalf or the secretary of the Authority. |
(4) The Authority
may sue and be sued in its corporate name and may for all purposes be described
by that name. |
9. (1) The
Authority shall meet at such times as may be necessary or expedient for the
transaction of business and such meetings shall be held at such places and
times and on such days as the Authority shall determine. | Procedure and meetings. |
(2) The chairman
may at any time call a special meeting of the Authority and shall call a
special meeting to be held within seven days of a written request for that
purpose addressed to him by any member of the Authority. |
(3) The chairman
or, in the absence or inability to act of the chairman, the person elected in
accordance with the provisions of subparagraph (2) of paragraph 5 shall preside
at the meetings of the Authority and when so presiding the chairman, or the
person elected as aforesaid as the case may be, shall have an original and a
casting vote. |
(4) The quorum of
the Authority shall be such number as the Authority may fix from time to time,
not being less than one half of the total members of the Authority. |
(5) Subject to the
provisions of this Act the Authority may regulate its own proceedings. |
(6) The validity
of any proceedings of the Authority shall not be affected by any vacancy
amongst the members thereof or by any defect in the appointment of a member
thereof. |
10. There
shall be paid to the chairman and other members of the Authority such
remuneration, if any (whether by way of salaries or travelling or other
allowances) as the Governor-General may determine. | Remuneration of members. |
11. The
funds of the Authority shall consist of such moneys as may from time to time be
placed at its disposal for the purposes of this Act by Parliament and such
other moneys as may lawfully be paid to the Authority under this Act. | Funds of the Authority. |
12. The
Authority shall appoint and employ at such remuneration and on such terms and
conditions as it thinks fit a secretary and such other officers and servants as
it thinks necessary for the proper carrying out of its functions: | Powers to appoint officers, agents. |
Provided that- |
(a) no salary
in excess of the rate of $5,000 per annum shall be assigned to any post without
the prior approval of the Governor-General; |
(b) no
provision shall be made for the payment of any pension, gratuity or other like
benefit to, or in respect of the service of, any officer or servant without the
prior approval of the Governor-General. |
13. A
member of the Authority who is interested in any company or undertaking which
is an interested party in any proceedings before the Authority affecting a
licensee shall disclose to the Authority the fact and nature of his interest
and shall not take part in any deliberation or any decision of the Authority
relating to such matter, and such a disclosure shall forthwith be recorded in
the records of the Authority. | Disclosure of interest. |
14. (1) The
Authority shall keep proper accounts and other records in relation to the
business of the Authority and shall prepare annually a statement of accounts in
a form satisfactory to the Minister, being a form which shall conform with the
best commercial standards. | Accounts and audit. |
(2) The accounts
of the Authority shall be audited by an auditor or auditors appointed annually
by the Authority and approved by the Minister. |
(3) Within four
months after the end of each financial year or within such further time as may
in special circumstances be allowed by the Minister, the Authority shall send a
statement of its accounts referred to in subparagraph (1) to the Minister,
together with a copy of any report made by the auditor on that statement or on
the accounts of the Authority. |
(4) The auditor's
fees and any expenses of the audit shall be paid by the Authority. |
(5) The
Auditor-General shall be entitled, on the direction of the Governor-General, at
all reasonable times to examine the accounts and other records in relation to
the business of the Authority. |
15. (1) The
Authority shall, within three months after the end of each financial year or
within such further time as may in special circumstances be allowed by the
Governor-General, cause to be made and transmitted to the Governor-General and
the Minister a report dealing generally with the activities of the Authority
during the financial year. | Annual report. |
(2) The Minister
shall cause a copy of the report together with the annual statement of accounts
and the auditor's report thereon to be laid on the table of the House of
Assembly and of the Senate. |
(3) Copies of the
Authority's report together with the annual statement of accounts and the
auditor's report on that statement and on the accounts of the Authority shall
be published in such manner as the Minister may direct. |
16. (1) No
action, suit, prosecution or other proceedings shall be brought or instituted
personally against any member of the Authority in respect of any act done bona
fide in pursuance or execution or intended execution of this Act. | Protection of members. |
(2) Where any
member of the Authority is exempt from liability by reason only of the
provisions of this paragraph, the Authority shall be liable to the extent that
it would be if the said member was a servant or agent of the Authority. |