Singapore legislation
Clause 31
Clause 31
“Must carry” provision
(1)
Notwithstanding anything in this Act but subject to this section, the Authority may, by a direction in writing, require a broadcasting licensee to provide for transmission and reception any broadcasting service which is —
provided by any other person for such transmission and reception; and
specified in its licence or is of a description so specified.
(2)
Where the Authority gives a direction under this section, the broadcasting licensee to whom it is given shall comply with the requirements of the direction until it is withdrawn.
(3)
Where it is proposed to give a direction under this section, the Authority shall give notice to the broadcasting licensee —
stating that the Authority proposes to give directions in the manner specified in the notice and the compensation payable, if any, for the damage caused thereby; and
specifying the time (being not less than 28 days from the date of service of notice on the broadcasting licensee) within which written representations with respect to the proposed directions may be made.
(4)
After receipt of any written representation referred to in subsection (3)(b), the Authority shall consider the representation and may —
reject the representation; or
amend the proposed direction or compensation payable in accordance with the representation, or otherwise,and in either event, shall thereupon issue a direction in writing to the broadcasting licensee requiring that effect be given to the proposed modifications specified in the notice or to such modifications as subsequently amended by the Authority within a reasonable time.
(5)
Any broadcasting licensee aggrieved by a decision of the Authority under subsection (4) may, within 14 days of the receipt by it of the direction, appeal to the Minister whose decision shall be final.
(6)
The Authority shall not enforce a direction given under subsection (4) —
during the period referred to in subsection (5); and
whilst the appeal of the broadcasting licensee is under consideration by the Minister.
(7)
If no written representation is received by the Authority within the time specified in subsection (3), or if any written representation made under that subsection is withdrawn, the Authority may forthwith give effect to the requirements of the direction given under this section.