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Recording of Radio & Television Broadcasts in formats other than tapes, Continuing Budget Authority FY 2011, RPPL 8-38 2011

PALAU

EIGHTH OLBIIL ERA KELULAU
RPPL NO. 8-38
Sixteenth Special Session, March 2011
(Introduced as House Bill No. 8-137-16S,HD1, SD3)

AN ACT

To amend Section 131 of Title 15 of the Palau National Code to allow for the recording of radio and television broadcasts in formats other than tapes, and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings. The Olbiil Era Kelulau finds that with the ever-evolving technology, it is appropriate to revisit our laws and update them accordingly. The Republic=s current laws on communications require television and radio licensees to record all of their live broadcasts on tapes. Today there are numerous forms of recording broadcasts such as CDs, and DVDs. Live broadcasts can also be kept in computers in other forms of electronic recording formats such as mp3 and wav files. Therefore, the Olbiil Era Kelulau finds that it is necessary to allow for licensees to maintain their records of live broadcasts in these now-available formats instead of allowing for a legal loophole of having the plain language of the law refer to audio and video tapes.

Section 2. Amendment. Section 131 of Title 15 of the Palau National Code is hereby amended as follows:

A' 131: License required; maintenance of records of broadcast.

(a) . . .

(b) All locally produced AM or FM radio or cable television programs, the substance of which is broadcast live, shall be recorded in full by the person or entity that produces the program on audio or video tape, CD, DVD, or other tangible form of electronic recording, as the case may be, at the time of broadcast, and recordings of such programs shall be retained by the person or entity that produces the program and made available to the Division for inspection for not less than 15 days after the date of broadcast. . . .

(c) Any person aggrieved by any AM or FM radio or cable television broadcast may request that the Division obtain a tape, CD, DVD, or other tangible form of electronic recording, of the recording from the broadcast for that person=s review. . . .

(d) . . .@

Section 3. Continuing budget authority. Continuing budget authority for fiscal year 2012 is hereby enacted, pursuant to 40 PNC ' 327, for all budget activities. Continuing budget authority shall provide funding at the level of appropriations of the Fiscal Year 2011 Annual National Budget Authorization and Appropriation Act, RPPL No. 8-18, as amended and supplemented, until an annual budget for Fiscal Year 2012 is enacted.

Section 4. Effective Date. This Act shall take effect upon its approval by the President of the Republic of Palau or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: December 30, 2011

Approved this 30th day of December , 2011.

/s/
His Excellency Johnson Toribiong
President
Republic of Palau