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(4) It shall be the duty of OFCOM to exercise their power under section 3 of the | |
1990 Act to make such variations of any licence having effect in accordance | |
with subsection (3) of this section as (after complying with subsection (4)(b) of | |
that section) they consider appropriate for the purpose of performing their | |
duty under section 255 of this Act. | 5 |
(5) In this section— | |
“formerly regulated television service” means a service mentioned in | |
subsection (1); and | |
“relevant existing licence”, means any licence which— | |
(a) was granted by the Independent Television Commission under | 10 |
Part 1 of the 1990 Act before the television transfer date; and | |
(b) is in force immediately before the television transfer date as a | |
licence authorising the provision of a formerly regulated | |
service. | |
Television multiplex services | 15 |
235 Television multiplex services | |
(1) Subject to the following provisions of this section, references in Part 1 of the | |
1996 Act to a multiplex service, other than those comprised in express | |
references to a general multiplex service, shall have effect as references to any | |
service (“a television multiplex service”) which— | 20 |
(a) falls within subsection (2); | |
(b) is provided for broadcasting for general reception but otherwise than | |
from a satellite. | |
(2) A service falls within this subsection if— | |
(a) it consists in the packaging together of two or more services which | 25 |
include at least one relevant television service and are provided for | |
inclusion together in the service by a combination of the relevant | |
information in digital form; or | |
(b) it is a service provided with a view to its being a service falling within | |
paragraph (a) but is one in the case of which only one service is for the | 30 |
time being comprised in digital form in what is provided. | |
(3) The provision, at a time after the commencement of this section, of a television | |
multiplex service the provision of which is not authorised by or under a licence | |
under Part 1 of the 1996 Act is not to be an offence under section 13 of the 1990 | |
Act. | 35 |
(4) Accordingly, after the commencement of this section, a licence under Part 1 of | |
the 1996 Act shall be required for the provision of a television multiplex service | |
only in so far as it is required for the purposes of a limitation falling within | |
subsection (5) that is contained in a wireless telegraphy licence, or is deemed | |
to be so contained. | 40 |
(5) A limitation falls within this subsection, in relation to a wireless telegraphy | |
licence, if it provides that the only television multiplex services that are | |
authorised to be broadcast using the station or apparatus to which the licence | |
relates are those that are licensed under Part 1 of the 1996 Act. | |
(6) Where immediately before the coming into force of this section— | 45 |
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(a) a television multiplex service is licensed under Part 1 of the 1996 Act; | |
and | |
(b) that service is one broadcast using a station or apparatus the use of | |
which is authorised by a wireless telegraphy licence, | |
that wireless telegraphy licence shall be deemed to contain a limitation falling | 5 |
within subsection (5). | |
(7) In any case where a wireless telegraphy licence is deemed by virtue of | |
subsection (6) to contain a limitation falling within subsection (5) and the | |
person providing the television multiplex service in question— | |
(a) ceases to be licensed under Part 1 of the 1996 Act in respect of that | 10 |
service, or | |
(b) ceases to exist, | |
OFCOM may revoke the wireless telegraphy licence. | |
(8) Subsection (7) is not to be construed as restricting the powers of revocation | |
exercisable apart from this section. | 15 |
(9) In subsection (2) “relevant television service” means any of the following— | |
(a) any Channel 3 service in digital form; | |
(b) Channel 4 in digital form; | |
(c) Channel 5 in digital form; | |
(d) S4C Digital; | 20 |
(e) any digital television programme service; | |
(f) the digital public teletext service. | |
236 Composition of services in television multiplexes | |
(1) In subsection (1) of section 12 of the 1996 Act— | |
(a) in paragraph (c), (digital programmes services included in multiplex | 25 |
must be provided by a licence holder or EEA broadcaster), after | |
“section 18” there shall be inserted “, by the BBC”; | |
(b) in paragraph (d), (digital additional services included in multiplex | |
must be provided by a licence holder or EEA broadcaster), after | |
“section 25” there shall be inserted “, by the BBC”; | 30 |
(c) after that paragraph there shall be inserted— | |
“(da) that the only digital sound programme services | |
broadcast under the licence are services provided by the | |
holder of a national digital sound programme licence | |
(within the meaning of section 60) or by the BBC;” | 35 |
(d) in paragraph (e), after “digital programme services” there shall be | |
inserted “, digital sound programme services”; | |
(e) in paragraph (f), after “digital programme service” there shall be | |
inserted “, a digital sound programme service”; and | |
(f) for paragraph (h) (conditions as to composition of multiplex service), | 40 |
there shall be substituted— | |
“(h) that, while the licence is in force, at least the required | |
percentage of the digital capacity on the frequency or | |
frequencies on which the service is broadcast is used, or | |
left available to be used, for the broadcasting of services | 45 |
falling within subsection (1A).” | |
(2) After that subsection there shall be inserted— | |
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“(1A) The services falling within this subsection are— | |
(a) qualifying services; | |
(b) digital programme services licensed under this Part or | |
provided by the BBC; | |
(c) digital sound programme services provided by the BBC; | 5 |
(d) programme-related services; and | |
(e) relevant technical services.” | |
(3) In subsection (3) of that section— | |
(a) after the words “digital programme services”, in the first place where | |
they occur, there shall be inserted “or digital sound programme | 10 |
services”; and | |
(b) for “digital programme services broadcast under the licence” there | |
shall be substituted “so much of what is broadcast under the licence as | |
consists of digital programme services, or of such services together | |
with digital sound programme services,”. | 15 |
(4) In subsection (4) of that section (interpretation of subsection (1)(h))— | |
(a) for “(1)(h)” there shall be substituted “(1A)”; | |
(b) in paragraph (a), for “the qualifying teletext service” there shall be | |
substituted “the digital public teletext service”; | |
(c) in paragraph (b)(i), after “the 1990 Act)” there shall be inserted “, or in | 20 |
one or more digital sound programme services provided by the BBC,” | |
(d) in paragraph (c), for “digital programme services” there shall be | |
substituted “services falling within subsection (1A) which are | |
comprised in the multiplex in question”. | |
(5) After that subsection there shall be inserted— | 25 |
“(4A) In subsection (1)(h), the reference to the required percentage is a | |
reference to such percentage equal to or more than 90 per cent. as | |
OFCOM— | |
(a) consider appropriate; and | |
(b) specify in the condition.” | 30 |
(6) In subsection (5) of that section (power to change percentage in subsection | |
(1)(h)), for “(1)(h)” there shall be substituted “(4A)”. | |
237 Powers where frequencies reserved for qualifying services | |
(1) The Secretary of State may by order provide, in relation to the matters | |
mentioned in subsection (2)— | 35 |
(a) for any or all of the provisions of sections 7 to 16 and of sections 18 and | |
19 of the 1996 Act to have effect with the modifications specified in the | |
order; and | |
(b) for provision made by the order to have effect in place of any or all of | |
those provisions. | 40 |
(2) Those matters are— | |
(a) licences under Part 1 of the 1996 Act, and | |
(b) the awarding and grant of such licences, | |
in a case in which the licence is, or is to be, a licence to provide a service for | |
broadcasting on any one or more reserved frequencies. | 45 |
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(3) An order under this section may require OFCOM to include conditions falling | |
within subsection (4) in any Broadcasting Act licence to provide a television | |
multiplex service to be broadcast on a reserved frequency. | |
(4) Conditions falling within this subsection are conditions that OFCOM consider | |
appropriate for securing that, in consideration for the making by any relevant | 5 |
public service broadcaster of such payments as are from time to time— | |
(a) agreed between the broadcaster and the holder of the licence to provide | |
the television multiplex service, or | |
(b) in default of agreement, determined by OFCOM in accordance with the | |
order, | 10 |
the holder of that licence will use digital capacity reserved in accordance with | |
conditions imposed under section 12 of the 1996 Act or any order under this | |
section for the broadcasting of services provided by that broadcaster. | |
(5) Subsection (3) is not to be construed as restricting the provision that may be | |
made under subsection (1). | 15 |
(6) A frequency is a reserved frequency for the purposes of this section if it is one | |
as respects which OFCOM have made a determination, in exercise of their | |
functions under the enactments relating to the management of the radio | |
spectrum, that the frequency should be reserved for the broadcasting of | |
television multiplex services. | 20 |
(7) In this section “relevant public service broadcaster” means any of the | |
following— | |
(a) the holder of a licence to provide a Channel 3 service; | |
(b) C4C; | |
(c) the holder of a licence to provide Channel 5; | 25 |
(d) the Welsh Authority; | |
(e) the public teletext provider. | |
Local digital television services | |
238 Local digital television services | |
(1) The Secretary of State may by order provide for— | 30 |
(a) any of the provisions of this Part (apart from this section and the | |
provisions relating exclusively to sound services), or | |
(b) any provision of Part 1 of the 1990 Act or of Part 1 of the 1996 Act | |
(regulation of television services), | |
to have effect, in relation to services of such descriptions as may be set out in | 35 |
an order under this section, with such modifications as he considers necessary | |
or appropriate for services of that description. | |
(2) The Secretary of State is not to make an order under this section in relation to | |
a description of services except where— | |
(a) the description is of services to be provided in digital form with a view | 40 |
to their being included in a television multiplex service; | |
(b) the description is confined to services falling within one or both of | |
subsections (3) and (4); and | |
(c) the Secretary of State is satisfied that the making of an order under this | |
section in relation to that description of services will make possible, | 45 |
facilitate or encourage the provision of services so falling. | |
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(3) Services fall within this subsection if they are— | |
(a) intended for reception only at a particular establishment or otherwise | |
on particular premises; or | |
(b) provided for the purposes only of a particular event. | |
(4) Services fall within this subsection if the Secretary of State considers that they | 5 |
are services in relation to which all the following conditions are satisfied— | |
(a) they are intended for reception only within a particular area or locality; | |
(b) their provision meets, or would meet, the needs of the area or locality | |
where they are received; | |
(c) their provision is or would be likely to broaden the range of television | 10 |
programmes available for viewing by persons living or working in that | |
area or locality; and | |
(d) their provision is or or would be likely to increase the number and | |
range of the programmes about that area or locality that are available | |
for such viewing, or to increase the number of programmes made in | 15 |
that area or locality that would be so available. | |
(5) Services shall be taken for the purposes of subsection (4) to meet the needs of | |
an area or locality if, and only if— | |
(a) their provision brings social or economic benefits to the area or locality, | |
or to different categories of persons living or working in that area or | 20 |
locality; or | |
(b) they cater for the tastes, interests and needs of some or all of the | |
different descriptions of people living or working in the area or locality | |
(including, in particular, tastes, interests and needs that are of special | |
relevance in the light of the descriptions of people who do so live and | 25 |
work). | |
(6) In subsections (4) and (5), the references to persons living or working in an area | |
or locality include references to persons undergoing education or training in | |
that area or locality. | |
(7) An order under this section in relation to a description of services may, in | 30 |
particular, impose prohibitions or limitations on the inclusion of | |
advertisements in services of that description and on the sponsorship of | |
programmes included in the services. | |
(8) The power, by an order under this section, to make incidental, supplemental or | |
consequential provision in connection with provision authorised by subsection | 35 |
(1) includes power to make incidental, supplemental or consequential | |
provision modifying provisions of the 1990 Act, the 1996 Act or this Act that | |
are not mentioned in that subsection. | |
(9) No order is to be made containing provision authorised by this section unless | |
a draft of the order has been laid before Parliament and approved by a | 40 |
resolution of each House. | |
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Chapter 3 | |
Regulatory Structure for Independent Radio Services | |
Preliminary | |
239 Regulation of independent radio services | |
(1) It shall be a function of OFCOM to regulate the following services in | 5 |
accordance with this Act, the 1990 Act and the 1996 Act— | |
(a) services specified in subsection (2) that are provided from places in the | |
United Kingdom and otherwise than by the BBC; | |
(b) services so specified that do not fall within paragraph (a) but are | |
provided by a person, other than the BBC, whose principal place of | 10 |
business is in the United Kingdom. | |
(2) The services referred to in subsection (1)(a) are— | |
(a) sound broadcasting services to which subsection (3) applies; | |
(b) radio licensable content services; | |
(c) additional radio services; | 15 |
(d) radio multiplex services; | |
(e) digital sound programme services; | |
(f) digital additional sound services. | |
(3) This subsection applies to a sound broadcasting service which— | |
(a) is provided with a view to its being broadcast otherwise than only from | 20 |
a satellite; and | |
(b) is a national service, local service or restricted service. | |
(4) For the purposes of this section— | |
(a) a service is a national service if it is a sound broadcasting service | |
provided as mentioned in subsection (3)(a) with a view to its being | 25 |
broadcast for reception in any such minimum area of the United | |
Kingdom as may be determined in accordance with section 98(2) of the | |
1990 Act; | |
(b) a service is a local service if it is a sound broadcasting service which | |
(without being a national service) is provided as mentioned in | 30 |
subsection (3)(a) with a view to its being broadcast for reception in a | |
particular area or locality in the United Kingdom; and | |
(c) a service is a restricted service if it is a sound broadcasting service | |
provided as mentioned in subsection (3)(a) with a view to its being | |
broadcast for reception— | 35 |
(i) within a particular establishment in the United Kingdom or at | |
another defined location in the United Kingdom; or | |
(ii) for the purposes of a particular event taking place within the | |
United Kingdom. | |
(5) The services that are to be treated for the purposes of this section as provided | 40 |
from places in the United Kingdom include every radio licensable content | |
service which would not fall to be so treated apart from this subsection but | |
which— | |
(a) is provided with a view to its being broadcast from a satellite; | |
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(b) is a service the broadcasting of which involves its transmission to the | |
satellite by means of an electronic communications network from a | |
place in the United Kingdom; and | |
(c) is not a service the provision of which is licensed or otherwise | |
authorised under the laws of another EEA State. | 5 |
(6) The services that are to be treated as so provided also include every service | |
provided by a BBC company, a C4 company or an S4C company. | |
(7) A reference in subsection (4)(b) to an area of the United Kingdom does not | |
include an area which comprises or includes the whole of England. | |
240 Abolition of function of assigning radio frequencies | 10 |
The Secretary of State shall cease to have any function under the 1990 Act or | |
the 1996 Act of assigning frequencies— | |
(a) for any of the purposes of Part 3 of the 1990 Act (regulation of radio | |
services); or | |
(b) for the purposes of the provision of any radio multiplex services. | 15 |
Radio licensable content services | |
241 Meaning of “radio licensable content services” | |
(1) In this Part “radio licensable content service” means (subject to section 242) any | |
service falling within subsection (2) in so far as it is provided with a view to its | |
availability for reception by members of the public being secured by one or | 20 |
both of the following means— | |
(a) the broadcasting of the service (whether by the person providing it or | |
by another) from a satellite; or | |
(b) the distribution of the service (whether by that person or by another) by | |
any means involving the use of an electronic communications network | 25 |
to places in any of the EEA States. | |
(2) A service falls within this subsection if it— | |
(a) consists of sound programmes; and | |
(b) is provided (whether in digital or in analogue form) primarily as a | |
service that is to be made available for reception by members of the | 30 |
public. | |
242 Services that are not radio licensable content services | |
(1) A service is not a radio licensable content service to the extent that— | |
(a) it is provided with a view to its being broadcast by means of a multiplex | |
service; or | 35 |
(b) it is a sound broadcasting service to which subsection (3) of section 239 | |
applies. | |
(2) A service is not a radio licensable content service to the extent that it is | |
provided by means of an electronic communications service if— | |
(a) it forms part only of a service provided by means of that electronic | 40 |
communications service; and | |
(b) the purposes for which the service of which it forms a part is provided | |
do not consist wholly or mainly in making available services of radio | |
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