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Broadcasting Act 1989 - Broadcasting Regulations 1989

NIUE


BROADCASTING REGULATIONS 1989


PURSUANT to the Broadcasting Act 1989, the Cabinet of Ministers makes the following regulations:


ANALYSIS


1. Title and commencement
2. Interpretation


SITTING ALLOWANCES


3. Sitting allowances for Directors


REGISTRATION


4. Registration of owners of television installations
5. Register to be kept
6. Effect of registration


FEES


7. Annual fee for television
8. Payment of annual fee
9. Default in payment
10. Fees for other services


UNLAWFUL USE


11. Unregistered users
12. Offence for unlawful use


POWERS OF CORPORATION


13. Powers of Corporation to contact inquiries
14. Powers of Corporation to take legal proceedings


Schedule


________


REGULATIONS


1. Title and commencement - (1) These regulations may be cited as the Broadcasting Regulations 1989.


(2) These regulations shall come into force or be deemed to have come into force on the 1st day of July 1989.


2. Interpretation - (1) In these regulations, unless the context otherwise requires -


"The Act" means the Broadcasting Act 1989:


"Director" means a Director of the Corporation appointed under section 10 of the Act:


"Person" includes any company, or business or organisation, or other statutory body but does not include the Crown in right of the Government of Niue or any department or office of the Government:


"Television installation" means an apparatus designed to receive by means of electric or electromagnetic energy, either with or without artificial guide, sounds and visual images.


(2) Subject to the foregoing provisions of this regulation, the expressions defined in the Act have the meanings so defined.


SITTING ALLOWANCES


3. Sittings allowances for Directors - (1) Every Director of the Corporation shall be paid an allowance of $40 per meeting for every meeting that Director attends.


(2) The allowances payable to the Directors shall be a charge upon the funds of the Corporation.


REGISTRATION


4. Registration of owners of television installations - (1) Every person who, as from the coming into force of these regulations, is an owner or user of a television installation which receives or is being used to receive transmissions from Television Niue shall, no later than the 18th day of August 1989, inform the Corporation of that fact, for the purposes of having his name registered as a person to which these regulations apply.


(2) Any person who, after the 18th day of August 1989, becomes an owner or user of a television installation which receives or is being used to receive transmissions from Television Niue shall, as soon as practicable and in no case later than 21 days after the date he receives transmission from Television Niue, inform the Corporation of that fact for the purposes of having his name registered as a person to which these regulations apply.


5. Register to be kept - For the purposes of regulation 4 of these regulations, the Corporation shall keep a register of all persons receiving transmissions from Television Niue.


6. Effect of registration - (1) Every person registered under the foregoing regulations shall, upon due registration but subject to the provisions of regulations 7 and 8 of these regulations, acquire the rights to receive transmissions from Television Niue.


(2) A person falling under sub-regulation (1) of this regulation is, hereinafter referred to as a 'registered user'.


FEES


7. Annual fee for television - (1) Every registered user shall, in respect of acquiring rights to receive television transmissions from television Niue, be charged an annual fee by the Corporation.


(2) The amount of the annual fee shall be $260.


8. Payment of annual fee - (1) The annual fee shall be paid to the Corporation on a quarterly basis, falling due on the 1st day of the months of January, April, July, and October in each year.


(2) Except for the payment for the first quarter as provided in sub-regulation (3) of this regulation after these regulations come into force, every payment shall be made no later than 14 days after the day it is due.


(3) On the coming into force of these regulations, every registered user shall pay the first instalment for the quarter commencing on 1 July 1989, as soon as practicable, and in no case later than the 25th day of August 1989.


(4) Any registered user who fails to pay the fee on or before the time provided under the provisions of this regulation shall, as from the date of such default, be regarded as a person in default to whom regulation 9 of these regulations apply.


(5) Notwithstanding sub-regulation (1) of this regulation, any registered user may pay the full annual fee in one instalment.


9. Default in payment - Any registered user who defaults in payment under the provisions of regulation 8 of these regulations, shall for every day of such default be charged a penalty interest of 2% on the amount due:


Provided that any person who defaults in excess of 21 days shall, on the day immediately after that 21 days no longer be regarded as a registered user, and thereupon, becomes a person to whom regulations 11 and 12 of these regulations, apply.


10. Fees for other services - For the purposes of advertisements, notices, or other services to be provided by the Corporation, the rates to be charged by the Corporation are those as set out in the Schedule to these regulations.


UNLAWFUL USE


11. Unregistered users - No person, other than a registered user under the provisions of these regulations shall have any rights to receive, abstract, or use any television transmission from Television Niue.


12. Offence for unlawful use - (1) For the purposes of section 188 of the Niue Act 1966, it is hereby declared that television transmission is a thing capable of being stolen.


(2) Any person who is not a registered user or who is a person to whom the proviso under regulation 9 of these regulations apply, who knowingly or fraudulently receives, abstracts, or uses television transmission from Television Niue commits theft and upon conviction is liable to punishment as provided under section 192 of the Niue Act 1966.


POWERS OF CORPORATION


13. Powers of Corporation to conduct inquiries - (1) The Corporation shall have the power to conduct inquiries as may be necessary to ensure compliance with the provisions of these regulations.


(2) Without limiting the powers of the Corporation under sub-regulation (1) of this regulation, the Corporation shall have the power to authorise any of its officers to -


(a) enter any place, premises or building;


(b) obtain information from any person or occupant of such place, premises or building;


(c) conduct any tests to ascertain whether or not any television installation in such place, premises, or building is receiving transmissions from Television Niue:


Provided that no officer shall enter any place, premises or building without first giving notice to the Owner or occupier of any such place, premises, or building.


(3) In the exercise of the powers under this regulation, the Corporation shall ensure that as little inconvenience is caused to the owners or occupants of any place, premises or building.


14. Powers of Corporation to take legal proceedings - (1) For the purposes of these regulations the Corporation may take legal proceedings in its own motion through its officers, or through an appointed agent or attorney, or through the Niue Police.


(2) Any proceedings under regulation 12 of these regulations may include proceedings for the recovery of any fees due to the Corporation under regulation 7 or 10 of these regulations.


________


SCHEDULES


Reg. 10


SCHEDULE OR CHARGES


(A) TELEVISION


(a) Advertising - Daily Rates



-Sponsorship:
$25 per programme


-From commencement of transmission up to 15 minutes before news time:
$5 for up to 30 seconds


-From 15 minutes before the news and during breaks in the news:
$10 for up to 30 seconds


-After news to close of transmission:
$8 for up to 30 seconds


(b) Advertising – Weekly Rates



-From commencement to news time: One each day
$15 for up to 30 seconds


-After news to close of transmission: One each day
$20 for up to 30 seconds


(c) Other Services



-Filming of special functions or occasions Eg hair cutting, weddings etc:
$250


-Production of commercials:
$50

(B) RADIO


(a) Advertising



Morning:



-One call
$3 for up to 30 seconds
-Three calls
$5 for up to 30 seconds
-Weekly rate for two calls each day, Monday to Friday
$12 for up to 30 seconds


Lunch hour:



-One call
$2 for 30 seconds
-Three calls
$4 for up to 30 seconds
-Weekly rate for two calls each day, Monday to Friday
$10 for up to 30 seconds


Evening:



-One call
$3 for up to 30 seconds
-Two calls
$4 for up to 30 seconds
-Weekly rate for two calls each day, Monday to Friday
$6 for up to 30 seconds


(b) Public Notices



-One call
$3 for up to 30 seconds
-Three calls
$5 for up to 30 seconds


(c) Buy, Sell or Swap (Private not business)



-One call
$3 for up to 30 seconds
-Three calls
$5 for up to 30 seconds


(d) Entertainment/Fundraising



-One call
$3 for up to 30 seconds
-Three calls
$5 for up to 30 seconds


(e) Birthday Calls



-One call
$3

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