Sub-Title B - Public Corporations, Etc
| Author | Ralph Hone |
| Pages | #1 |
17 Bahamas Broadcasting And Television Commission
CHAPTER 17.
BAHAMAS BROADCASTING AND TELEVISION COMMISSION.
ARRANGEMENT OF SECTIONS.
SECTION.
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SHORT TITLE.
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INTERPRETATION.
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THE COMMISSION.
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MEMBERSHIP OF THE COMMISSION.
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MEETINGS AND PROCEEDINGS.
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RELATIONS OF MINISTER WITH COMMISSION.
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APPOINTMENT AND DUTIES OF OFFICERS AND SERVANTS.
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DUTY OF COMMISSION.
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POWERS OF COMMISSION.
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ADVERTISING.
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PROVISION OF SERVICES BY TELECOMMUNICATIONS DEPARTMENT.
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PROVISION OF TIME FREE OF CHARGE TO MINISTER.
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BORROWING POWERS.
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COMMISSION TO ADMINISTER FUNDS.
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COMMISSION TO RETAIN MONEYS RECEIVED.
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ASSETS AND LIABILITIES OF BROADCASTING BRANCH OF TELECOMMUNICATIONS DEPARTMENT.
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PROCEEDINGS TO BE TAKEN SUMMARILY.
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RULES.
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POWERS OF MINISTER TO PROHIBIT BROADCASTING OF PARTICULAR MATTER.
SCHEDULE.
EQUIPMENT FOR BROADCASTING.
CHAPTER 17.
BAHAMAS BROADCASTING AND TELEVISION COMMISSION.
AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A COMMISSION TO CARRY ON A BROADCASTING.AND TELEVISION SERVICE IN THE COLONY AND FOR MATTERS CONNECTED THEREWITH.
18 of 1956.
4 of 1957.
35 of 1958.
20 of 1959.
27 of 1961.
5 of 1963.
48 of 1963.
43 of 1964.
[17th May 1956.1
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This Act may be cited as The Bahamas Broadcasting and Television Commission Act.
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In this Act, unless the context otherwise requires'broadcasting' means the sending out by radio of any message or other matter for the information, education or entertainment of the public or any section of the public;
'Commission' means the Bahamas Broadcasting and Television Commission established by section 3 of this Act;
'Minister' means the Minister charged with the responsibility for the administration of this Act;
'radio' means the transmission over any distance without connecting wires of programmes of television or sound, or both, by means of Hertzian waves and includes the reception of such programmes;
'Standard Broadcast Band' means that portion of the radio spectrum between 540 kilocycles and 1600 kilocycles;
'television' means the instant production at a distance of a transient visible image of an actual or recorded scene by means of any electrical system of telecommunication;
'televising' means the process of television.
Short title.
Interpretation.
48 of 1963, s. 2.
The Commission.
48 of 1963, s. 3.
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For the purposes of this Act there shall be established a Commission to be called the Bahamas Broadcasting and Television Commission which shall be a body corporate with perpetual succession and a common seal, having capacity to acquire, hold and dispose of property to contract and to sue and be sued in its corporate name:
Provided that, subject to any existing contractual obligations, the Commission shall not(a) mortgage, charge or demise any of its immovable property without the approval of the Governor; or (b) sell or otherwise alienate any of its immovable property in fee simple without the approval of both Houses of the Legislature signified by resolution.
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-(1) The Commission shall consist of five members appointed by the Governor by notice in the Gazette. The members of the Commission shall hold office at the Governor's pleasure and subject to this, shall be appointed for such period, not exceeding three years nor less than one year, as the Governor may fix in relation to each member at the time of his appointment:
Provided that no person shall be qualified to be appointed or to hold office as a member of the Commission under this section if he is(a) a member of either House of the Legislature; or (b) a member of the public service.
Membership of the Commission.
48 of 1963, s. 4.
(2) The Governor shall appoint one of the members of the Commission to be Chairman and anothier member to be Vice-Chairman.
(3) In the exercise of the powers conferred upon him by this section, the Governor shall act after consultation with the Premier.
Meetings and 5.-(1) A quorum at all the meetings of the Comproceedings. mission shall be three members.
(2) At all meetings of the Commission the Chairman or in his absence the Vice-Chairman shall preside.
(3) All questions coming or arising before a meeting of the Commission shall be decided by a majority of the members present and voting thereon at the meeting and in the case of an equality in votes the person presiding shall have a second or casting vote.
(4) Subject as aforesaid the Commission may 48 of 1963, s. 5.
make standing orders governing its own procedure and that of its committees.
(5) The common seal of the Commission shall be authenticated by the signatures of the Chairman of the Commission, or, if he is absent or unable to act, of the Vice-Chairman in his stead in that behalf, and of the secretary to the Commission or some other person authorized by the Commission to act in his stead in that behalf.
(6) Every document purporting to be an instrument issued by the Commission and to be sealed with the seal of the Commission and authenticated in manner provided by this section or to be signed by the secretary to the Commission or by a person authorized by the Commission to act in his stead in that behalf, as the case may be, shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.
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-(1) The Minister may, after consultation with gei^ons of Minister with the Commission, give to the Commission, such direc- Commission.
tions of a general character as to the exercise and 48 of 1963, s. 6.
performance of its functions under this Act as appear to the Minister to be requisite in the public interest and the Commission shall give effect to any such directions.
(2) The Commission shall afford to the Minister facilities for obtaining information with respect to the property, activities or the accounts of the Commission as the Minister may reasonably require for the proper exercise of the powers vested in him by subsection (1) of this section.
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-(1) The Commission, subject to the approval Appointment and duties of of the Governor shall appoint- officers and (a) a general manager who shall be the chief servants.
executive officer and adviser of the Commission and who shall be empowered to enter into advertising contracts on behalf of the Commission; and (b) a secretary and such other officers and servants as the Commission may determine.
35 of 1958, s. 2.
(2) Subject to the provisions of this Act there shall be paid to the general manager, secretary and other officers and servants of the Commission such salaries and remuneration as the Commission may from time to time determine.
(3) The secretary and other officers and servants of the Commission referred to in paragraph (b) of subsection (1) of this section shall have such powers and duties as the Commission may from time to time determine.
Duty of 8.-(1) It shall be the duty of the Commission, and Commission. it shall have the exclusive right, to maintain broadcasting and televising services as a means of information, education and entertainment and to develop the services to the best advantage and interest of the Colony subject to such directions as the Minister may from time to time lay down.
Commission shall not dispose of its franchise without consent.
48 of 1963, s. 7.
Commission shall not compete with Telecommunications Department.
Powers of Commission.
48 of 1963, s. 8.
(2) The Commission shall not by lease, sale or otherwise dispose of the exclusive right contained in subsection (1) of this section or any other rights conferred by this Act, except with the consent of the Governor.
(3) The Commission shall not enter into competition with any of the services performed by the Telecommunications Department.
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-(1) Subject to the provisions of this Act, the Commission may do all things necessary and convenient for the carrying out of its duties under this Act.
(2) Without prejudice to the generality of the pro-.
visions of subsection (1) of this section, the Commission may(a) purchase or otherwise acquire and hold any personal property required for the purposes of this Act and may dispose of any such personal property no longer required for such purposes;
(b) subject to the approval of the Governor, purchase or otherwise acquire and hold and may take on lease any real property and any interest therein required for the purposes of this Act;
(c) erect, equip and maintain plant, buildings, stations and equipment necessary for broadcasting and televising;
(d) provide broadcasting and televising facilities for commercial and social activities including the broadcasting and televising of advertisements and make charges therefor;
(e) compile and prepare, print, publish, issue, circulate and distribute, whether gratis or otherwise, such papers, magazines, periodicals, books and other literary matter as may seem conducive to the objects of the Commission;
(f) collect news and information in any part of the world and in any manner that may be 'thought fit and to establish and subscribe to news agencies;
(g) acquire by registration, purchase or otherwise copyrights in any matter whatsoever, including literary, musical and artistic works, plays, songs, gramophone and other records, and news, and any trademarks and trade names, and to use, exercise, develop, grant licences in respect of, or otherwise turn to account the same with a view to the furtherance of any of the objects of the Commission;
(h) produce, manufacture, purchase or otherwise acquire films, gramophone and other records, and material and apparatus for use in connection with films and such records, and to employ such films, records, material and apparatus in connection with the broadcasting and televising services of the Commission or for any'purpose incidental thereto and to sell, rent or otherwise dispose of such films and records:
Provided that nothing herein contained shall be deemed to authorize the Commission to display films or play records for the entertainment of the public except as aforesaid.
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