(1) Either:
(a) a satellite BSA licensee; or
(b) a person (the copyright owner ) who is, or will be, the owner of the copyright in the broadcast of an eligible program;
may apply to the Tribunal for an order determining the amount payable by the satellite BSA licensee to the copyright owner for the re - broadcast by the satellite BSA licensee, during the period specified in the application, of eligible programs, where the copyright owner owns the copyright in the broadcast of the eligible programs.
(2) The parties to an application under subsection (1) are:
(a) the satellite BSA licensee; and
(3) On an application to the Tribunal under subsection (1), the Tribunal must consider the application and, after giving the parties an opportunity to present their cases, make an order determining the amount that it considers to be equitable remuneration for re - broadcasts of eligible programs during the period specified in the order, where the copyright owner owns the copyright in the broadcast of the eligible programs.
(4) In this section:
"eligible program" has the same meaning as in Part VD.