Belize Cable Television Operators Association

(1) There shall be and is hereby established an Association, to be known as the Belize Cable Television Operators Association (hereinafter referred to as “the Association”), which shall be a body corporate having perpetual succession and a common seal which shall be judicially noticed and which may sue and be sued in its corporate name and may enter into agreements and contracts for the benefit of its members. (2) Every person licensed by the Minister to operate a television station under section 5 of this Act, which offers cable programme services shall be a member of the (3) The functions of the Association are, (a) to negotiate with owners of copyright in cinematograph films, broadcasts and cable programmes and to enter into licensing, assignment or other arrangements with such owners for and on behalf of its members; (b) to make available to its members for broadcasting, on equal terms and conditions, 10 the cinematograph films, broadcasts and cable programmes acquired by it under paragraph (a) of this subsection; (c) to ensure any agreements, and other licensing arrangements entered into by it under paragraph (a), and to report to the Authority, every four months after the commencement of this section, any difficulties existing in negotiating favourable conditions for its members in respect of the copyright material referred to in paragraph (a) of this subsection; (d) to recommend policies and programmes that are beneficial to the business interests of members of the Association and the Belizean public. (4) It shall be a condition of membership of the Association that, (a) each member pays the licence or other fees associated with or relating to an agreement entered into by the Association pursuant to subsection (3)(a) of this section, and in the event of a failure to comply with this paragraph the member shall, upon receipt of a notice from the Association, forthwith, (i) remove the cinematograph films broadcasts or cable programmes for which no fees have been paid, with effect from a date specified in the notice; or (ii) pay the requisite fees; (b) in the event of a failure by a member of the Association to comply with paragraph (a) (i) 11 or (ii) of this subsection, the Association shall, when submitting the report referred to in subsection (3) (c) of this section, recommend to the Authority the suspension of the licence granted to such member under this Act. (5) The Authority may, after hearing the member referred to in subsection (4) (a) for whom recommendation for suspension has been made by the Association pursuant to subsection (4) (b) of this section, suspend the licence of the member of the Association on such terms and conditions as the Authority shall determine. (6) The words “copyright”, “cinematograph film”, “cable programme”, “cable programme service” and “broadcast” have the meanings respectively assigned to each of them in section 3 (1) of the Copyright Act, Cap. 252. (7) It is unlawful for a person who holds a television licence under section 5 and who offers a cable programme service, or for any other person, other than the Association, to be a licensee or assignee of a cinematograph film, cable programme, or broadcast, and in that capacity to offer it to the Association or, to any other person for distribution to members of the Association.