The reference in (i) above to programmes and matter distributed from the distribution station is a reference only to outside broadcasts (vide comments of R.T.V. on first draft of
licence). This approach is supported by the use of "at" in conjunction with "originated". Had paragraph (b) of the licence referred to programmes and matter originated by R.T.V. the position might have been different.
(c) The right to relay conferred by paragraph (a) of the licence is supplementary to R.T.V.'s right to operate its own wired service. It enables R.T.V. to relay the programme of a
wireless broadcasting station as part of its own wired service - subject to suitable acknowledgments (clause 4(3) of the licence) and to a provision that advertising matter shall not be included or associated with any relayed programme without the permission of the broadcasting station (clause 4(2) of the licence).
It is conceded that there is no restriction on the number of
programmes which R.T.V. may relay under the licence and that the whole of a broadcasting station's programmes could be relayed under paragraph (c) of the licence, interrupted perhaps only by advertisements and announcements originated by R.T.V. But, if this were done, the programme would still have to be distributed as R.T.V.'s wired service, because it is permitted under its
licence to provide only one service. If R.T.V. were to choose to do this, they would cease to be in competition with broad- casting stations (it seems unlikely that they would secure
advertising contracts of their own if the only programmes were those of other broadcasting stations) and would have taken on
the function solely of a relay company.
Paragraph (c) of the licence does not authorize R.T.V. to operate, as they propose to, a continuous relay on a separate channel of another broadcasting station's programmes.
If the immediately preceding paragraph correctly sums up the position, the only right of R.T.V. with which clause 4(2) could be said to interfere is the limited right to "borrow" a broad- casting station's programmes.
(a) R.T.V. does not, I believe, intend to exercise its "right" to "borrow" T.V.B.'s programmes or any of them, so that if this "right" were abrogated by clause 4(2) of the draft Bill R.T.V.
has in practise lost nothing.
(e) As I have said, what R.T.V. proposes to do is to provide a continuous relay, on a separate channel, of T.V.B.'s programme. (f) The remaining questions (if paragraphs (a), (b) and (c) above state correctly the strict legal position) are -
/(1)
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