Subsection (2) allows for the possibility that the High Court may not have sufficient time to make a final decision in relation to the terms upon which rights are to be given. This subsection provides that the High Court may direct that rights be given to a qualifying broadcaster even though the terms, including price, have not yet been fixed. It is important that the High Court be given this flexibility. If faced with a very short period to make a decision, the court might not have sufficient time to make an informed decision as to what would constitute "reasonable market rates". This should not stop the court from taking steps to protect the public interest by determining that a qualifying broadcaster may secure rights to the event.