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249 Extension of special application procedure for local licences | |
In section 104B(1) of the 1990 Act (special application procedure for local | |
licences for areas with 4.5 million residents or fewer)— | |
(a) the word “and” shall be inserted at the end of paragraph (a); and | |
(b) paragraph (b) (which excludes areas with more than 4.5 million | 5 |
residents) shall cease to have effect. | |
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Provision of simulcast radio services | |
250 Definition of simulcast radio services | |
(1) In section 41 of the 1996 Act (meaning of simulcast radio service), for | 10 |
subsection (2) there shall be substituted— | |
“(2) In this Part, a ‘simulcast radio service’ means a service provided by a | |
person for broadcasting in digital form and corresponding to a service | |
which is a national service within the meaning of Part 3 of the 1990 Act | |
and is provided by that person.” | 15 |
(2) In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3), before | |
the definition of “sound broadcasting service” there shall be inserted— | |
“‘simulcast radio service’ means a simulcast radio | |
service within the meaning given by section 41(2) of | |
the Broadcasting Act 1996 for the purposes of Part 2 of | 20 |
that Act;”. | |
(3) After that subsection there shall be inserted— | |
“(1A) For the purposes of this Part a simulcast radio service corresponds to a | |
national service if, in accordance with section 41(3) of the Broadcasting | |
Act 1996, it falls to be treated as so corresponding for the purposes of | 25 |
Part 2 of that Act.” | |
251 Promotion of simulcast radio services | |
(1) Chapter 2 of Part 3 of the 1990 Act (sound broadcasting services) shall be | |
amended as follows. | |
(2) In section 98(1) (notices of proposals to grant national licences), after paragraph | 30 |
(b)(ii) there shall be inserted— | |
“(iia) the digital capacity that is likely, in their opinion, to be | |
available from the holders of national radio multiplex | |
licences for the broadcasting of a simulcast radio service | |
corresponding to the service;”. | 35 |
(3) In section 98(3) (applications for national licences), after paragraph (a) there | |
shall be inserted— | |
“(aa) the applicant’s proposals (if any) for providing a simulcast | |
radio service corresponding to the service;”. | |
(4) In section 98(7) (construction of section), after “this section” there shall be | 40 |
inserted— | |
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“‘national radio multiplex licence’ has the same meaning as in Part | |
2 of the Broadcasting Act 1996; and”. | |
(5) In section 100 (award of national licence to person submitting highest cash bid), | |
for subsection (2) there shall be substituted— | |
“(1A) If, in a case in which one or more of the applicants has made a proposal | 5 |
to provide a simulcast radio service corresponding to the service to be | |
licensed (a ‘simulcast applicant’), the highest cash bid is made by an | |
applicant who is not a simulcast applicant, OFCOM may— | |
(a) disregard the requirement imposed by subsection (1); and | |
(b) award the licence to the simulcast applicant whose cash bid is | 10 |
the highest of the bids submitted by simulcast applicants. | |
(2) Where— | |
(a) two or more applicants for a licence have submitted cash bids | |
specifying an identical amount and that amount is higher than | |
the amount of every other bid, or | 15 |
(b) two or more simulcast applicants have submitted cash bids | |
specifying an identical amount and that amount is higher than | |
the amount of every other bid submitted by a simulcast | |
applicant, | |
OFCOM must invite those applicants and (in a case falling within | 20 |
paragraph (b)) every applicant who has made a higher bid to submit | |
further cash bids in respect of that licence. | |
(2A) OFCOM may decide not to invite an applicant to submit a further cash | |
bid under subsection (2) if— | |
(a) the applicant is not a simulcast applicant and they propose to | 25 |
exercise their power under subsection (1A); or | |
(b) they propose to exercise their power under subsection (3). | |
(2B) Subsection (2A) is not to be construed as preventing OFCOM from | |
making a decision to exercise their power under subsection (1A) or (3) | |
after they have received further bids in response to invitations under | 30 |
subsection (2). | |
(2C) In this Part references to a person’s cash bid, in relation to a person who | |
has submitted a further cash bid in pursuance of subsection (2), have | |
effect as references to his further bid.” | |
(6) After section 100 there shall be inserted— | 35 |
“100A Licence conditions relating to simulcast radio services | |
Where OFCOM award a national licence to a person whose application | |
for that licence included proposals to provide a simulcast radio service, | |
that licence must include a condition requiring the licence holder— | |
(a) to provide, from a date specified in the licence, a simulcast radio | 40 |
service corresponding to the licensed service; and | |
(b) to do all that he can to secure the broadcasting of that service.” | |
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Multiplexes broadcasting sound programmes | |
252 Radio multiplex services | |
(1) Subject to the following provisions of this section, references in Part 2 of the | |
1996 Act to a radio multiplex service shall have effect as references to any | |
service which— | 5 |
(a) falls within subsection (2); | |
(b) is provided for broadcasting for general reception but otherwise than | |
from a satellite; and | |
(c) is not a television multiplex service. | |
(2) A service falls within this subsection if— | 10 |
(a) it consists in the packaging together (with or without other services) of | |
two or more relevant sound services which are provided for inclusion | |
together in that 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 | 15 |
paragraph (a) but is one in the case of which only one relevant sound | |
service is for the time being comprised in digital form in what is | |
provided. | |
(3) The provision, at a time after the commencement of this section, of a radio | |
multiplex service the provision of which is not authorised by or under a licence | 20 |
under Part 2 of the 1996 Act is not to be an offence under section 97 of the 1990 | |
Act. | |
(4) Accordingly, after the commencement of this section, a licence under Part 2 of | |
the 1996 Act shall be required for the provision of a radio multiplex service | |
only in so far as it is required for the purposes of a limitation falling within | 25 |
subsection (5) which is contained in a wireless telegraphy licence, or is deemed | |
to be so contained. | |
(5) A limitation falls within this subsection, in relation to a wireless telegraphy | |
licence, if it provides that the only radio multiplex services that are authorised | |
to be broadcast using the station or apparatus to which the licence relates are | 30 |
those that are licensed under Part 2 of the 1996 Act. | |
(6) Where immediately before the coming into force of this section— | |
(a) a radio multiplex service is licensed under Part 2 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, | 35 |
that wireless telegraphy licence shall be deemed to contain a limitation falling | |
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 radio multiplex service in question— | 40 |
(a) ceases to be licensed under Part 2 of the 1996 Act in respect of that | |
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 | 45 |
exercisable apart from this section. | |
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(9) In subsection (2) “relevant sound service” means any of the following— | |
(a) a digital sound programme service; | |
(b) a simulcast radio service; and | |
(c) a digital additional sound service. | |
253 Digital sound services for inclusion in non-radio multiplexes | 5 |
(1) In section 60(1)(a) of the 1996 Act (national digital sound programme services | |
defined as services broadcast with a view to being broadcast by means of a | |
national radio multiplex service), after “national radio multiplex service” there | |
shall be inserted “, by means of a television multiplex service or by means of a | |
general multiplex service”. | 10 |
(2) In section 63(1) of the 1996 Act (meaning of digital additional sound service), | |
for paragraph (a) there shall be substituted— | |
“(a) is provided by a person with a view to its being broadcast in | |
digital form (whether by him or some other person) so as to be | |
available for reception by members of the public; | 15 |
(aa) is so provided with a view to the broadcasting being by means | |
of a radio multiplex service or by means of a general multiplex | |
service; and”. | |
(3) After subsection (3) of section 63 of the 1996 Act there shall be inserted— | |
“(3A) In this section ‘available for reception by members of the public’ shall | 20 |
be construed in accordance with section 347 of the Communications | |
Act 2003.” | |
(4) In section 72(1) of the 1996 Act (interpretation of Part 2)— | |
(a) after the definitions of “digital sound programme service” and “digital | |
sound programme licence” there shall be inserted— | 25 |
“‘general multiplex service’ has the same meaning as in Part 3 of | |
the Communications Act 2003;” | |
(b) after the definition of “technical service” there shall be inserted— | |
“‘television multiplex service’ has the meaning given by section | |
235 of the Communications Act 2003.” | 30 |
Access radio | |
254 Access radio | |
(1) The Secretary of State may by order provide for— | |
(a) any of the provisions of this Part (apart from this section and the | |
provisions relating exclusively to television), or | 35 |
(b) any provision of Part 3 of the 1990 Act or of Part 2 of the 1996 Act | |
(regulation of radio services), | |
to have effect, in relation to services of such descriptions as may be set out in | |
an order under this section, with such modifications as he considers necessary | |
or appropriate for services of that description. | 40 |
(2) The Secretary of State is not to make an order under this section in relation to | |
a description of services unless— | |
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(a) the description is of services to be provided primarily for the good of | |
members of the public or of a particular community, rather than for | |
commercial reasons; and | |
(b) he considers that the provision of services of that description confer, or | |
would confer, significant benefits on the public or on the communities | 5 |
for which they are provided. | |
(3) An order under this section in relation to a description of services may, in | |
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. | 10 |
(4) The power, by an order under this section, to make incidental, supplemental or | |
consequential provision in connection with provision authorised by subsection | |
(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. | 15 |
(5) 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 | |
resolution of each House. | |
Chapter 4 | |
Regulatory provisions | 20 |
Application of regulatory regimes | |
255 Application of regulatory regimes | |
(1) It shall be the duty of OFCOM, by exercising— | |
(a) their powers under the 1990 Act and the 1996 Act, and | |
(b) their powers under this Part, | 25 |
to secure that the holder of every Broadcasting Act licence at all times holds his | |
licence on the conditions which are for the time being included, under this | |
Chapter and Chapter 5 of this Part, in the regulatory regime for the licensed | |
service. | |
(2) It shall also be the duty of OFCOM to do all that they can to secure that the | 30 |
holder of every such licence complies, in relation to the licensed service, with | |
the conditions so included in the regulatory regime for that service. | |
(3) Where— | |
(a) the licence for a Channel 3 service, for Channel 4, for Channel 5 or for | |
the public teletext service (“the main service”) authorises or requires a | 35 |
corresponding or additional service to be provided in analogue form, | |
and | |
(b) the regulatory regime for the main service imposes obligations in | |
relation to programmes and other items included in that service, | |
those obligations are to apply equally to programmes that are included in the | 40 |
analogue service without being included in the main service. | |
(4) The Secretary of State may by order provide for conditions which are included | |
by virtue of a provision of this Act in the regulatory regime for any service to | |
cease to be so included. | |
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(5) No order is to be made containing provision authorised by subsection (4) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
(6) This section does not restrict OFCOM’s powers and duties apart from this | |
section to impose obligations by means of the inclusion of conditions in a | 5 |
Broadcasting Act licence. | |
The public service remit for television | |
256 OFCOM reports on the fulfilment of the public service remit | |
(1) It shall be the duty of OFCOM— | |
(a) as soon as practicable after the end of the period of twelve months | 10 |
beginning with the commencement of this section, and | |
(b) as soon as practicable after the end of each such subsequent period as | |
may be selected by OFCOM for the purposes of this section, | |
to satisfy, for that period, the review and reporting obligations of | |
subsection (3). | 15 |
(2) The period selected by OFCOM for the purposes of subsection (1)(b) must be a | |
period of not more than five years beginning with the end of the previous | |
period for which OFCOM have satisfied those review and reporting | |
obligations. | |
(3) The review and reporting obligations for a period are— | 20 |
(a) an obligation to carry out a review of the extent to which the public | |
service broadcasters have, during that period, provided relevant | |
television services which (taking them all together over the period as a | |
whole) fulfil the purposes of public service television broadcasting in | |
the United Kingdom; and | 25 |
(b) an obligation, with a view to maintaining and strengthening the quality | |
of public service television broadcasting in the United Kingdom, to | |
prepare a report on the matters found on the review. | |
(4) The purposes of public service television broadcasting in the United Kingdom | |
are— | 30 |
(a) the provision of relevant television services which secure that | |
programmes dealing with a wide range of subject-matters are made | |
available for viewing; | |
(b) the provision of relevant television services in a manner which (having | |
regard to the days on which they are shown and the times of day at | 35 |
which they are shown) is likely to meet the needs and satisfy the | |
interests of as many different audiences as practicable; | |
(c) the provision of relevant television services which (taken together and | |
having regard to the same matters) are properly balanced, so far as their | |
nature and subject-matters are concerned, for meeting the needs and | 40 |
satisfying the interests of the available audiences; and | |
(d) the provision of relevant television services which (taken together) | |
maintain high general standards with respect to the programmes | |
included in them, and, in particular with respect to— | |
(i) the contents of the programmes; | 45 |
(ii) the quality of the programme making; and | |
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(iii) the professional skill and editorial integrity applied in the | |
making of the programmes. | |
(5) When— | |
(a) determining the extent to which any of the purposes of public service | |
television broadcasting in the United Kingdom are fulfilled, and | 5 |
(b) reviewing and reporting on that matter, | |
OFCOM must have regard to the desirability of those purposes being fulfilled | |
in a manner that is compatible with subsection (6). | |
(6) A manner of fulfilling the purposes of public service television broadcasting in | |
the United Kingdom is compatible with this subsection if it ensures— | 10 |
(a) that the relevant television services (taken together) comprise a public | |
service for the dissemination of information and for the provision of | |
education and entertainment; | |
(b) that cultural activity in the United Kingdom, and its diversity, are | |
reflected, supported and stimulated by the representation in those | 15 |
services (taken together) of drama, comedy and music and by the | |
treatment of other visual and performing arts; | |
(c) that those services (taken together) provide, to the extent that is | |
appropriate for facilitating fair and well-informed debate on news and | |
current affairs, a comprehensive and authoritative coverage of news | 20 |
and current affairs in, and in the different parts of, the United Kingdom | |
and from around the world; | |
(d) that those services (taken together) satisfy a wide range of different | |
sporting and other leisure interests; | |
(e) that those services (taken together) include what appears to OFCOM to | 25 |
be a suitable quantity and range of programmes on educational | |
matters; | |
(f) that those services (taken together) include what appears to OFCOM to | |
be a suitable quantity and range of programmes dealing with each of | |
the following, science, religion, social issues, matters of international | 30 |
significance or interest and matters of specialist interest; | |
(g) that those services (taken together) include what appears to OFCOM to | |
be a suitable quantity of high quality and original programmes for | |
children and young people; | |
(h) that those services (taken together) include what appears to OFCOM to | 35 |
be a sufficient quantity of programmes that reflect the lives and | |
concerns of different communities and cultural interests and traditions | |
within the United Kingdom, and locally in different parts of the United | |
Kingdom; | |
(i) that those services (taken together), so far as they include programmes | 40 |
made in the United Kingdom, include what appears to OFCOM to be | |
an appropriate range and proportion of programmes made outside the | |
M25 area. | |
(7) In carrying out a review under this section OFCOM must consider— | |
(a) the costs to persons providing relevant television services of the | 45 |
fulfilment of the purposes of public service television broadcasting in a | |
manner compatible with subsection (6); and | |
(b) the sources of income available to each of them for meeting those costs. | |
(8) Every report under this section must— | |
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