BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) Minister may reserve capacity for national broadcasters or community broadcasters 9.(1) The Minister may notify the Authority in writing that capacity in the broadcasting service bands is to be reserved for a specified number of⎯ (a) national broadcasting services; or (b) community broadcasting services; or (c) commercial broadcasting services; or (d) broadcasting services provided by a public broadcaster; but such a notice must not affect the provision of services in accordance with a licence already issued under this Act, or services already being provided by a public broadcaster. (2) The Authority shall not allow the provision of broadcasting services (other than services provided by public broadcasters or community broadcasting licensees) which would make use of reserved capacity in the broadcasting service bands. (3) The Minister may direct the Authority to allocate any broadcasting service bands reserved in terms of subparagraph (1)(d) to a public broadcaster. Alternative uses of broadcasting service bands 10.(1) If⎯ (a) the Authority has advertised under this Act for applications for the allocation of one or more commercial broadcasting service licences and that licence is not allocated or not all of those licences are allocated; or (b) broadcasting service bands are available in a licence area but have not been made available for commercial television broadcasting licences or commercial radio broadcasting licences; or (c) broadcasting service bands have been reserved under paragraph 9 but have not been made available for the purpose for which they were reserved; or (d) broadcasting service bands are available but the Authority has not commenced or completed planning and allocation processes in relation to those bands; the Authority may, by notice published in the Gazette, determine that the band or bands concerned is or are available for allocation, for a period specified by the Authority⎯ (i) for the temporary transmission or the re-transmission of programmes; or (ii) to community broadcasting licensees; or (iii) to providers of subscription broadcasting services, subscription narrowcasting services or open narrowcasting services; or (iv) for the transmission of datacasting services; or (v) for other broadcasting purposes. (2) In making a determination under subparagraph (1), the Authority shall have regard to⎯ (a) the possible future demand for the use of the broadcasting service bands concerned; and (b) such other matters as the Authority considers relevant. (3) The Authority may, by notice published in the Gazette, determine that broadcasting service bands are available for allocation for the purposes of the transmission of datacasting services. (4) In making a determination under subparagraph (3), the Authority shall have regard to⎯ (a) the possible future demand for the use of that part of the broadcasting service bands - 44 -