Belize Broadcasting & Television Act

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BELIZEBROADCASTING& TELEVISIONACT REVISEDEDITION2000. Amended 2002 (Act #16) Revised Schedule of Terms and Conditions forRadio License (revised as of May 3, 06) The Licensee shall co-ordinate with the Public Utilities Commission (PUC) and obtainits prior writtenconsent forthe importation of any equipment or apparatus tobe usedinthe broadcasting operation. AnewLicensee shall apply for andobtainfrequency approval andassignment for the broadcasting operations from thePUCandthe PUCmayassignuptothree (3) frequencies for countrywide licensees. Licensees prior to 2006 with more than three (3) frequencies are requiredover aperiod of time as specifiedby the Board to upgrade equipment to come in compliance with the newregulation. Licenses are non-transferable and a licensee who intends to cease operation or change ownership MUST inform the Board in writing and advise the new owner to reapply. Recommendation for approval of the license shall not be unnecessarily withheld. Aradio station's format, as statedon its application form , CANNOT be changed WITHOUTpriorwrittenapproval of the Board. The Licensee shall operate only within the frequencies assigned by the PUCand comply with anytechnical specifications ordirectives issued orrequiredbythem . The Licensee is prohibitedfrom increasing its broadcast power output without the Authority's approval inwriting, whether suchincrease is through: ( • (a) upgrade of equipment • (b) retransm issionof LIVE radioprogramm ing onanotherradio station in any area on a sustained basis; that is, of three months durationormore c) Live orRecorded radioprogramm ing is not allowedonCable EXCEPT, if the cable operator sodesires, onthe cable's public access channel, whichis lim itedtoone suchchannel per cable operation. Live orRecordedradioprogramm ing is not allowedon On-air Television unless it reformats its programm ing or the said program to suit themedium of television. The Licensee is required to display a copy of his/her license in a conspicuous manner at the principal place of business. The Licensee shall maintain monitoring devices in its studios to ensure continuous recording of all programs aired (no exceptions) for a period of seven days from the date of first broadcasting. It is mandatory that the Licensee, inthe event that the Authority orany agent thereof sorequires, shall retain andsubm it a copy of any programfor such greater period as the Authority may direct The 1
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Transcript of Belize Broadcasting & Television Act

Page 1: Belize Broadcasting & Television Act

BELIZE BROADCASTING & TELEVISION ACT REVISED EDITION 2000. Amended 2002 (Act #16)

Revised Schedule of Terms and Conditions for Radio License (revised as of May 3, 06)

The Licensee shall co-ordinate with the Public Utilities Commission (PUC) and obtain its prior written consent for the importation of any equipment or apparatus to be used in the broadcasting operation. A new Licensee shall apply for and obtain frequency approval and assignment for the broadcasting operations from the PUC and the PUC may assign up to three (3) frequencies for countrywide licensees. Licensees prior to 2006 with more than three (3) frequencies are required over a period of time as specified by the Board to upgrade equipment to come in compliance with the new regulation. Licenses are non-transferable and a licensee who intends to cease operation or change ownership MUST inform the Board in writing and advise the new owner to reapply. Recommendation for approval of the license shall not be unnecessarily withheld. A radio station's format, as stated on its application form, CANNOT be changed WITHOUT prior written approval of the Board. The Licensee shall operate only within the frequencies assigned by the PUC and comply with any technical specifications or directives issued or required by them. The Licensee is prohibited from increasing its broadcast power output without the Authority's approval in writing, whether such increase is through:

( • (a) upgrade of equipment • (b) retransmission of LIVE radio programming on another radio

station in any area on a sustained basis; that is, of three months duration or more

• c) Live or Recorded radio programming is not allowed on Cable EXCEPT, if the cable operator so desires, on the cable's public access channel, which is limited to one such channel per cable operation. Live or Recorded radio programming is not allowed on On-air Television unless it reformats its programming or the said program to suit the medium of television.

The Licensee is required to display a copy of his/her license in a conspicuous manner at the principal place of business. The Licensee shall maintain monitoring devices in its studios to ensure continuous recording of all programs aired (no exceptions) for a period of seven days from the date of first broadcasting. It is mandatory that the Licensee, in the event that the Authority or any agent thereof so requires, shall retain and submit a copy of any program for such greater period as the Authority may direct The

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Licensee must ensure he or she identifies the station at least once every half hour; in radio formats where some pre-programmed shows exceed half hour, station ID should occur thereafter.

7. The Licensee shall establish and maintain for review by the Authority a log of all programs, announcements and advertisements broadcast. The time log must be maintained for a period of six months.

8. The Licensee shall use its best efforts to broadcast programs which are varied, comprehensive and of high quality as per its specified format and shall include therein, programs which provide a reasonable and balanced opportunity for the free expression of differing views on matters of public importance.

9. The licensee shall use its best efforts in its broadcasting operations to promote and encourage Belizean music, culture, art and creativity. When specified formats include music programming, airplay shall not be denied to any local music production suitable to the format and quality specifications of the radio station.

10. The Licensee shall in each programming day of the workweek devote not less than three hours, inclusive local music, to original local programming other than news.

11. The Licensee shall in each week broadcast a minimum of two hours of programs produced in or about the Caribbean and Central American regions.

12. The minimum proportions of Belizean and Caribbean programs prescribed in the foregoing conditions may be revised by the Authority in its discretion by providing a minimum of two months written notice to Licensee.

13. The Licensee shall broadcast locally produced news programs or arrange for rebroadcast/syndication of same on a regular and systematic basis. Such programs shall be a minimum of five days per week save that the said minimum shall be reduced accordingly in the event of national holidays during any week.

14. The said news programs shall be prepared and broadcast in a professional, objective and impartial manner with a clear distinction between news reports on the one hand and editorializing and commentaries on the other with due regard to the rights of citizens and protection of children along the guidelines of the National Committee for Families and Children and along any future Broadcast Association/Media Association guidelines or Code of Ethics.

15. If in the process of editorializing or programs or otherwise, the Licensee expresses any views or comments which may be considered uncomplimentary, detrimental or injurious to the character or interest of any person or body, he or she shall promptly provide such person or body on request, a right of reply free of cost.

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16. The Licensee shall broadcast during each programming day a minimum of two and a half hours of educational programs as suitable to its specified format. Such programs may include news debates, panel discussions, interviews, art, philosophy, science, travel, research, history, language and other subject matter which will enhance the knowledge of the public.

17. The Licensee shall exercise care and discretion to ensure that the programs broadcast do not include material which is revoltingly lewd, perverse or sexually explicit, or which promotes, lauds, encourages or incites crime and public disorder, and the Licensee shall generally organize and prepare the programming with a sense of good taste and a desire to positively educate and entertain people of Belize of various ages and cultures as suitable to its specified format. The licensee must display proof of internal station Guidelines for ensuring its announcers, reporters and other on-air staff have specific guidelines on what that station sees as constituting acceptable/unacceptable for on-air broadcast.

18. In the event of any emergency or national disaster arising from hurricane, floods or Acts of God or relating to public safety, defense and/or health, the Licensee shall (if not disabled by such disaster) broadcast emergency information notices and directions provided by the Government of Belize and any agency acting therefore, free of cost.

19. Without prejudice to Clause 18 above, the Licensee shall provide to the Government one hour per week broadcasting time, free of cost, for broadcasting public service messages and programs produced or supplied by the Press Office to be aired at mutually determined times for as wide an audience as possible provided that subject to Clauses 20 and 21 below, the Licensee shall be entitled to broadcast advertisements in the course of such programs.

20. Subject to Clauses 18 and 19 above, the Licensee shall use its best efforts to provide economic broadcast access to recognized civic groups, governmental and non-governmental organizations with due regard to the requirement of quality and availability of space in the schedule of programming.

21. Advertisement broadcast by the Licensee shall be clearly separate from the rest of the program. No more than five minutes of paid advertising may be presented during any single commercial break at any time, inclusive during Election campaign period or special events programming.

22. In any one hour period of broadcast, advertisements shall not exceed an aggregate time of fifteen minutes.

23. In the acceptance of advertisements, the Licensee shall not discriminate unfairly against any particular advertiser.

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24. Advertisements should not contain any scandalous suggestions about a competitor's product.

25. The Licensee shall ensure that party political broadcasts are clearly identified as such and the name of the political sponsor shall be broadcast either immediately before of after the advertisement.

26. The Licensee shall charge the same advertisement rate to all political parties or candidates.

27. During any pre-designated pre-election period the Licensee shall provide the political parties with the prescribed minutes of subsidized political broadcasts on each day in such period and the parties shall be dealt with in a fair and impartial manner provided that, should any party choose not to utilize the prescribed subsidized broadcast time or any portion thereof, the Licensee shall not be deemed to have violated this condition. The pre-election period and discount rate shall be such as designated by the Authority. Providing candidates not affiliated with a political party with equal subsidized minutes shall be at the discretion of the Licensee. No airing of political advertisements or messages nor advertisements for alcoholic beverages shall occur on any Election Day, from midnight of the preceding day through to the time the polls close on Election Day. No exit polls may be reported on Election Day until after the close of the polls.

28. The Licensee shall lodge with the Authority, at the time of each annual renewal of application, its general plan for programming if it varies from that last indicated; failing that, the licensee shall send to the Authority not later than the middle of each month a report stating the programs aired, time aired and lengths thereof of the preceding month.

29. The Chairperson, and/or designated members of the Authority and/or a designated member of the Public Utilities Commission shall have the right to visit and inspect the office, station, premises and installations of the Licensee during working hours.

30. The Licensee shall obtain all other permits, approvals and licenses for its transmission and broadcasts and shall indemnify and keep indemnified by the Authority, the Government of Belize and all officers, agents, thereof, including any authorized telecommunications provider and the PUC against all rights of actions and claims including breach of copyright, whether such claims or rights are made or held by citizens, persons or residents of Belize, or any other country or jurisdiction, and the Licensee shall, where so required by the Authority, execute a bond in favor of the Authority to cover such indemnification.

31. The Minister reserves the right to amend any conditions herein upon providing a minimum of ninety days notice, provided that any such amended conditions shall

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equally apply to all Licensees in the same category without discrimination and provided further that before amending any condition, the Minister shall use his or her best endeavors to secure the agreement of the affected Licensee (s) to such amendment.

32. Failure to comply with any or all terms of conditions can result in fines and/or non-renewal of license as per Section 10 of the Belize Broadcasting and Television Act.

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BELIZE BROADCASTING & TELEVISION ACT REVISED EDITION 2000, Amended 2002 (Act #16)

Revised Schedule of Terms and Conditions for Cable License (revised as of May. 3, 06)

1. The Licensee shall commence operations within 4 months of the date of the letter notifying him/her/the company of the license and the licensee shall so inform the BBA in writing. Licensees who do not become operational within this period must request an extension for up to 2 additional months or risk forfeiture of license. Licenses are non-transferable and a licensee who intends to cease operation or change ownership MUST inform the Board in writing and advise the new owner to reapply. Recommendation for approval of the license shall not be unnecessarily withheld.

2. The Licensee is required to display a copy of his/her/its license in a conspicuous manner at his/her/its principal place of business.

3. The maximum number of channels to be provided to subscribers shall be determined by the cable operator and his/her/its copyright agreement/s.

4. A minimum of 2 or 10% (whichever is higher) of the channels provided shall be educational. News channels shall be included in the term "educational."

5. If there is a local on-air television signal available in the Licensee's area of cable operations, the Licensee must cause that signal to be carried (Must Carry Rule) on a cable channel. If this is not available, the Licensee shall use his/her/its best efforts to obtain the existing on-air and independent local television program/s (news and current affairs) by the most efficient and timely fashion as possible. In the case where there may be content which causes a conflict of interest between the on-air TV operator and the cable operator, the cable operator has the option to appeal to the BBA for consideration of waiver of the MUST CARRY rule with that particular operator.

6. Live or Recorded radio programming is not allowed on Cable EXCEPT, if the cable operator so desires, on the cable's public access channel, which is limited to one such channel per cable operation: that is, a cable operator may elect to designate only ONE of his/her/its channels as a public access channel. The cable operator is not authorized to solicit commercial advertising for its public access channel, EXCEPT in such cases as the cable operator chooses to cause localized events to be shown on its public access channel if such localized events are not on-air accessible or are not being covered by on-air accessible stations. Cable operators also cannot solicit advertising for any other cable channel; thus, advertisements/messages on other cable channels must be a part of the programming that is being carried.

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7. The cable operator is liable for all content carried on its public access channel if he/she/it so chooses to have a public access channel and the cable operator shall maintain monitoring devices in its studios to ensure continuous recording of all programs aired (no exceptions) for a period of fifteen days from the date of first broadcasting. The on-air TV operator is liable for all content carried on cable via the Must Carry rule in (5) above.

8. The Licensee shall obtain an importation permit from the Public Utilities Commission for the importation of any equipment or apparatus to be utilized in the cable broadcasting operation. Frequency authorization needs to be applied for each receive-only earth station (dish) the operator acquires. The Licensee shall comply with all other relevant laws and regulations in the conduct of his/her/its operations including (without limitation) obtaining all such permits as are required for the importation and operation of fixtures, machinery and equipment.

9. The Licensee shall obtain from all relevant authorities, persons or entities for the use of their facilities and shall comply with all conditions- and covenants stipulated by such authorities, persons or entities as agreed upon by all parties.

10. The Licensee shall exercise care and discretion to ensure that subscribers have the option of blocking channels which include material that may be construed as lewd, perverse or sexually explicit, or which promotes lauds, encourages or incites crime and public disorder. R and N-rated (whether by way of violence, language or nudity) movies and programs shall be restricted to the hours 8:00 p.m. - 6:00 a.m. The Licensee should therefore make parental control boxes available to subscribers and encourage their use or provide the service of showing subscribers how to program their V-chip until such time as the industry may allow for cable package options.

11. The Licensee shall maintain a register of all subscribers including date of commencement of subscription. Any access to such information shall be released through the Belize Cable Television Operators Association.

12. The Licensee shall maintain at his/hers/its office a current listing of all television channels used, noting carriers and sub-carriers, types of modulation and maximum peak power which occurs at any location within the distribution system. The maximum peak power shall be tested and noted at least once every calendar year.

13. The Licensee shall ensure that all technical specifications of his/her/its equipment remain within the manufacturers prescribed limits of tolerance so as to deliver the highest quality reception to subscribers. Signal levels shall be maintained between 0 and +10 DBMV at the premises of the Subscriber.

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14. The Licensee shall ensure that harmful interference due to leakage in the Cable System is removed or kept to a minimum in order to avoid degradation of the system.

15. Having regard to the objective of promoting harmony and fair competition in the industry the Licensee shall be prohibited from damaging or in any way interfering with the fixtures, equipment, materials or connections of any other Licensee.

16. Upon termination by a subscriber of his subscription in accordance with paragraph 12, the Licensee could remove at the discretion of the licensee or request of the subscriber the cable and other equipment or materials installed between the subscribers premises and the Licensee's cable system.

17. Subscription fees shall be at such rates as are prescribed from time to time by the Authority in compliance with the Belize Cable Television operators Association.

18. The Chairperson, other members of the Belize Broadcasting Authority and the Administrative Secretary, thereof, shall have the right to visit and inspect the Licensee's premises of operation at any time during normal working hours with a 48 hour notice.

19. The Licensee shall observe the copyright laws in force in Belize. 20. Cable operators, through their association, must contribute to the development

of local programming. The minimum contribution at this point in the industry's development is the Must carry Rule (see #5), and this minimum may be revised at the Board's discretion.

21. The Minister reserves the right to amend any conditions herein upon providing a minimum of ninety days notice, provided that any such amended conditions shall equally apply to all Licensees in the same category without discrimination and provided further that before amending any condition, the Minister shall use his or her best endeavors to secure the agreement of the affected Licensee(s) to such amendment.

22. Failure to comply with any or all Terms and Conditions can result in fines and/or non-renewal of license as per Section 10 of the Belize Broadcasting and Television Act.

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SCHEDULE IV BELIZE BROADCASTING & TELEVISION ACT

REVISED EDITION 2000, Amended 2002 (Act #16) Revised Schedule of Terms and Conditions for ON AIR Television License

(revised as of May.3, 06)

1. The Licensee shall coordinate with the Public Utilities Commission and obtain its prior written consent for the importation of any equipment or apparatus to be utilized in the broadcasting operation. The Licensee shall apply for and obtain frequency approval and assignment for the broadcasting operations from Public Utilities Commission and the Director may assign different frequencies for different areas or locations as may be deemed fit and proper. 2. The Licensee shall commence operations within 4 months of the date of the letter notifying him/her/the company of the licence and licensee shall so inform the BBA in writing. Licensees who do not become operational within this period must request an extension for up to 2 additional months or risk forfeiture of license. Licenses are non-transferable and a licensee who intends to cease operation or change ownership MUST inform the Board in writing and advise the new owner to reapply. The new owner shall not commence operation until such time as he has obtained a licence from the Belize Broadcasting Authority. Recommendation for approval of the license shall not be unnecessarily withheld.

3. The licensee shall operate only within the frequencies assigned by the director of Public Utilities Commission and comply with any technical specifications or directives issued or required by him or her. 4. The Licensee shall establish and maintain for review by the Authority a log of all programs, announcements and commercials broadcast. The time log must be maintained for a minimum period of six months. 5. The Licensee shall maintain monitoring devices in its studios to ensure continuous recording of all programs aired (no exceptions) for a period of fifteen days from the date of first broadcasting. It is mandatory that the Licensee SUBMIT and forward to the Authority any such recording/s upon request either in writing or via telephone, and in the event that the Authority or any agent thereof so requires, and the Licensee shall RETAIN and SUBMIT a copy of any program for such greater period as the Authority may direct.

6. The Licensee is required to display a copy of his/her license in a conspicuous manner at the principal place of business. 7. The Licensee is prohibited from increasing its broadcasting power output in any area or mast antenna height without the Authority's approval in writing.

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8. The Licensee shall use its best efforts to broadcast programs which are varied, comprehensive and of high quality and shall include therein, programs which provide a reasonable and balanced opportunity for the free expression of differing views on matters of public importance. Live or Recorded radio programming is not allowed on On-air Television unless the programming or the said program is reformatted to suit the medium of television.

9. The Licensee shall use its best efforts to promote and encourage Belizean culture, art and creativity, either through its own productions, or in collaboration with an independent producer. No local production, suitable to the Licensee's format and quality requirements, shall be turned away as long as the Licensee has available program time and the producer is fulfilling the proper requirements. Local production of a partisan or religious nature shall be accepted at the discretion of the Licensee.

10. The Licensee shall aim for primarily local programming in its day of broadcast, but in any event the following minimum in local programming is required: the Licensee shall in each programming day of the workweek devote not less than half-hour to programs produced in or about Belize, in addition to the required local news production as per Clause 13. The Licensee shall broadcast a minimum of one-hour locally produced programming during each weekend.

11. The Licensee shall in each week broadcast a minimum of two hours of programs produced in or about the Caribbean and Central America regions. 12. The minimum proportions of Belizean, Caribbean and Central American programs prescribed in the foregoing conditions may be revised by the Authority in its discretion by providing a minimum of two months written notice to the Licensee. 13. The Licensee shall broadcast locally produced news programs on a regular and systematic basis. Such programs shall be on a minimum of five days per week save that the said minimum shall be reduced accordingly in the event of national holidays during t he week. 14. The said news programs shall be broadcast in a professional, objective and impartial manner with a clear distinction between news reports on the one hand and editorializing and commentaries on the other with due regard to the rights of citizens and protection of children.

15. If in the process of editorializing of programs or otherwise the Licensee expresses any views or comments which may be considered uncomplimentary, detrimental or injurious to the character or interest of any person or body, he or she shall promptly provide such person or body on request a right of reply free of cost.

16. The Licensee shall broadcast during each programming day a minimum of two and a half hours of educational programs; the broadcaster shall do his or her best to create or facilitate the airing of local educational programming or localized educational

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programming; such programs may include news, debates, panel discussions, interviews, art, philosophy, science, travel, research, history, language and other subject matter which will enhance the knowledge of the public.

17. The Licensee shall exercise care and discretion to ensure that the programs broadcast do not include material which is revoltingly lewd, perverse or sexually explicit, or which promotes, lauds, encourages or incites crime and public disorder, and the Licensee shall generally organize and prepare programming with a sense of good taste and a desire to positively educate and entertain people of Belize of various ages and cultures. R & X-rated movies are totally prohibited.

18. In the event of any emergency or national disaster arising from hurricane, flood or Acts of God or relating to public safety, defense and/or health, the Licensee shall (if not disabled by such disaster) broadcast emergency information notices and directions provided by the Government of Belize and any agency acting thereof free of cost.

19. Without prejudice to Clause 18 above, the Licensee shall provide to the Government one hour per week broadcasting time, free of cost for broadcasting public service messages and programs produced by or channeled through the Ministry of Information. The allocation of such free time shall be determined by the Ministry of Information; actual time of broadcast shall be determined in consultation with the Licensee provided that subject to Clause 20 below the Licensee shall be entitled to broadcast advertisements in the course of such programs.

20. Subject to Clauses 18 and 19 above, the Licensee shall use its best efforts to provide economic broadcast access to recognized civic groups, governmental and non-governmental organizations with due regard to the requirement of quality and availability of space in the schedule of programming.

21. Advertisements broadcast by the Licensee shall be clearly separate from the rest of the program. No more than five minutes of paid advertising may be presented during any single commercial break. (This does not prohibit printed messages during a program). 22. In any one-hour period of broadcast, advertisements shall not exceed an aggregate time of fifteen minutes. 23. In the acceptance of advertisements, the Licensee shall not discriminate unfairly against any particular advertiser. 24. Advertisements should not contain any scandalous suggestions about a competitor's product.

25. The Licensee shall ensure that party political broadcasts are clearly identified as such and the name of the political sponsor shall be broadcast immediately before or after the advertisement or/and as a graphic message appended.

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26. The Licensee shall charge the same advertisement rate to all political parties or candidates. 27. During any pre-designated pre-election period the Licensee shall provide the political parties with the prescribed minutes of subsidized political broadcasts on each day in such period and the parties shall be dealt with in a fair and impartial manner provided that, should any party choose not to utilize the prescribed subsidized broadcast time or any portion thereof, the Licensee shall not be deemed to have violated this condition. The pre-election period and discount rate shall be such as designated by the Authority. Providing candidates not affiliated with a political party with equal subsidized minutes shall be at the discretion of the Licensee. No airing of political advertisements or messages nor advertisements for alcoholic beverages shall occur on any Election Day, from midnight of the preceding day through to the time the polls close on Election Day. No exit polls may be reported on Election Day until after the close of the polls.

28. The Licensee shall observe the copyright laws in force in Belize. 29. The Chairperson, and/or designated members of the Authority and/or a designated member of the Public Utilities Commission shall have the right to visit and inspect the office, station, premises and installations of the Licensee during working hours.

30. The Licensee shall obtain all other permits, approvals and licenses for its transmission and broadcasts and shall indemnify and keep indemnified by the Authority, the Government of Belize and all officers, agents, thereof, including any authorized telecommunications provider and the Public Utilities Commission against all rights of actions and claims including breach of copyright, whether such claims or rights are made or held by citizens, persons or residents of Belize, or any other country or jurisdiction, and the Licensee shall, where so required by the Authority, execute a bond in favor of the Authority to cover such indemnification.

31. The Minister reserves the right to amend any conditions herein upon providing a minimum of ninety days notice, provided that any such amended conditions shall equally apply to all Licensees in the same category without discrimination and provided further that before amending any condition, the Minister shall use his or her best endeavors to secure the agreement of the affected Licencee(s) to such amendment. 32. Failure to comply with any or all terms of conditions can result in fines and/or non-renewal of license as per Section 10 of the Belize Broadcasting and Television Act.

(ENDS)

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