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(a) the public service remit for any licensed public service channel or for | |
the public teletext service; | |
(b) the purposes of public service television broadcasting in the United | |
Kingdom (within the meaning given by subsection (4) of section 256); | |
(c) the matters to which OFCOM are to have regard under subsections (5) | 5 |
and (6) of that section. | |
(2) The Secretary of State is not to make an order under this section except where— | |
(a) OFCOM have made a recommendation for the making of such an order | |
in their most recent report under section 223 or 256; or | |
(b) subsection (3) applies to the order. | 10 |
(3) This subsection applies to an order if— | |
(a) it is made by the Secretary of State less than twelve months after the | |
date on which he has received a report under section 223; | |
(b) he has considered that report; and | |
(c) he is satisfied that the making of the order is required, notwithstanding | 15 |
the absence of a recommendation by OFCOM, by circumstances or | |
other matters which are dealt with in that report or which (in his | |
opinion) should have been. | |
(4) Before including a recommendation for the making of an order under this | |
section in a report under section 223 or 256, OFCOM must consult— | 20 |
(a) members of the public in the United Kingdom; | |
(b) such public service broadcasters as they consider are likely to be | |
affected if the Secretary of State gives effect to the recommendation | |
they are proposing to make; and | |
(c) such of the other persons providing television and radio services as | 25 |
OFCOM consider appropriate. | |
(5) Before making an order under this section, the Secretary of State must consult | |
the persons mentioned in subsection (6) about its terms (even if the order is the | |
one recommended by OFCOM). | |
(6) Those persons are— | 30 |
(a) OFCOM; | |
(b) such public service broadcasters as they consider are likely to be | |
affected by the order; and | |
(c) such of the other persons providing television and radio services as he | |
considers appropriate. | 35 |
(7) 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. | |
(8) In this section “public service broadcaster” means any of the persons who are | |
public service broadcasters for the purposes of section 256. | 40 |
Must offer obligations etc. affecting public service television | |
264 Must-offer obligations in relation to networks | |
(1) The regulatory regime for— | |
(a) every licensed public service channel, | |
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(b) the public teletext service, and | |
(c) every licensed television service added by order under section 60 to the | |
list of must-carry services, | |
includes the conditions that OFCOM consider appropriate for securing the | |
three objectives set out in this section (so far as they are not secured by | 5 |
provision made under section 237). | |
(2) The first objective is that the channel or other service, so far as it is provided in | |
digital form, is at all times offered as available (subject to the need to agree | |
terms) to be broadcast or distributed by means of every appropriate network. | |
(3) The second objective is that the person providing the channel or other service | 10 |
does his best to secure that arrangements are entered into, and kept in force, | |
that ensure— | |
(a) that the channel or other service, so far as it is provided in digital form, | |
is broadcast or distributed on appropriate networks; and | |
(b) that the broadcasting and distribution of the channel or other service, | 15 |
in accordance with those arrangements, result in its being available for | |
reception, by means of appropriate networks, by as many members of | |
its intended audience as practicable. | |
(4) The third objective is that the arrangements entered into and kept in force for | |
the purpose of securing the second objective prohibit the imposition, for or in | 20 |
connection with the provision of an appropriate network, of any charge that is | |
attributable (whether directly or indirectly) to the conferring of an entitlement | |
to receive the channel or other service in question in an intelligible form by | |
means of that network. | |
(5) The three objectives apply only in relation to times when the channel or other | 25 |
service in its digital form is included in the list of must-carry services in section | |
60. | |
(6) Conditions imposed under this section in relation to a channel or other service | |
must, to such extent as OFCOM consider appropriate— | |
(a) require arrangements made or kept in force for the purpose of securing | 30 |
the second objective to apply in the case of every service which is an | |
ancillary service by reference to the channel or other service in question | |
as they apply to the channel or other service itself; and | |
(b) provide for the channel or other service to which the conditions apply | |
to be treated, in relation to particular appropriate networks, as | 35 |
constituting such services comprised in or provided with that channel | |
or other service as may be determined by OFCOM. | |
(7) In this section— | |
“appropriate network” means (subject to subsection (8)) an electronic | |
communications network by means of which public electronic | 40 |
communications services are provided that are used by a significant | |
number of end-users as their principal means of receiving television | |
programmes; | |
“intended audience”, in relation to a channel or other service, means— | |
(a) if the channel or other service is one provided only for a | 45 |
particular area or locality of the United Kingdom, members of | |
the public in that area or locality; | |
(b) if the channel or other service is one provided for members of a | |
particular community, members of that community; and | |
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(c) in any other case, members of the public in the United | |
Kingdom; | |
“licensed television service” means a service falling to be licensed under | |
Part 1 of the 1990 Act or Part 1 of the 1996 Act. | |
(8) For the purposes of this section an electronic communications network is not | 5 |
an appropriate network in relation to so much of a channel or other service as | |
is provided only for a particular area or locality of the United Kingdom unless | |
it is a network by means of which electronic communications services are | |
provided to persons in that area or locality | |
(9) In subsection (7) “public electronic communications service” and “end-user” | 10 |
each has the same meaning as in Part 2. | |
(10) An order under section 395 must not appoint a day for provisions of this | |
section to come into force that falls less than six months after the day on which | |
the order is made. | |
265 Must-offer obligations in relation to satellite services | 15 |
(1) The regulatory regime for— | |
(a) every licensed public service channel, | |
(b) the public teletext service, and | |
(c) every other licensed television service specified for the purposes of this | |
section in an order made by the Secretary of State, | 20 |
includes the conditions that OFCOM consider appropriate for securing the | |
three objectives set out in this section (so far as they are not secured by | |
conditions imposed under section 264). | |
(2) The first objective is that the channel or other service, so far as it is provided in | |
digital form, is at all times offered as available (subject to the need to agree | 25 |
terms) to be broadcast by means of every satellite television service that is | |
available for reception by members of the public in the whole or a part of the | |
United Kingdom. | |
(3) The second objective is that the person providing the channel or other service | |
does his best to secure that arrangements are entered into, and kept in force, | 30 |
that ensure— | |
(a) that the channel or other service, so far as it is provided in digital form, | |
is broadcast by means of satellite television services that are broadcast | |
so as to be available for reception by members of the public in the | |
United Kingdom; and | 35 |
(b) that the broadcasting, in accordance with those arrangements, of the | |
channel or other service by means of those satellite television services | |
results in its being available for reception in an intelligible form and by | |
means of those services by as many members of its intended audience | |
as practicable. | 40 |
(4) The third objective is that the arrangements entered into and kept in force for | |
the purpose of securing the second objective prohibit the imposition, for or in | |
connection with the provision of a satellite television service, of any charge that | |
is attributable (whether directly or indirectly) to the conferring of an | |
entitlement to receive the channel or other service in question in an intelligible | 45 |
form by means of that service. | |
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(5) The three objectives apply only in relation to a time when the channel or service | |
is included, in its digital form, in the list of services that are must-provide | |
services for the purposes of section 266. | |
(6) Conditions imposed under this section in relation to a channel or other service | |
must, to such extent as OFCOM consider appropriate— | 5 |
(a) require arrangements made or kept in force for the purpose of securing | |
the second objective to apply in the case of every service which is an | |
ancillary service by reference to the channel or other service in question | |
as they apply to the channel or other service itself; and | |
(b) provide for the channel or other service to which the conditions apply | 10 |
to be treated, in relation to particular satellite television services, as | |
constituting such services comprised in or provided with the channel | |
or other service as may be determined by OFCOM. | |
(7) In this section— | |
“intended audience”, in relation to a channel or other service, means— | 15 |
(a) if the channel or other service is one provided only for a | |
particular area or locality of the United Kingdom, members of | |
the public in that area or locality; | |
(b) if the channel or other service is one provided for members of a | |
particular community, members of that community; and | 20 |
(c) in any other case, members of the public in the United | |
Kingdom; | |
“licensed television service” means a service falling to be licensed under | |
Part 1 of the 1990 Act or Part 1 of the 1996 Act; and | |
“satellite television service” means a service which— | 25 |
(a) consists in or involves the broadcasting of television | |
programme services from a satellite; and | |
(b) is used by a significant number of the persons by whom the | |
broadcasts are received in an intelligible form as their principal | |
means of receiving television programmes. | 30 |
(8) An order under section 395 must not appoint a day for provisions of this | |
section to come into force that falls less than six months after the day on which | |
the order is made. | |
266 Securing reception of must-provide services in certain areas | |
(1) The regulatory regime for— | 35 |
(a) every licensed public service channel, | |
(b) the public teletext service, and | |
(c) every licensed television service added by order under section 267 to | |
the list of must-provide services, | |
includes the conditions that OFCOM consider appropriate for securing that | 40 |
arrangements satisfying the requirements of this section are entered into and | |
maintained by all the persons who provide must-provide services. | |
(2) The conditions imposed on a person under this section may include the | |
conditions that OFCOM consider appropriate for securing, in a case where— | |
(a) the persons providing must-provide services fail to enter into or | 45 |
maintain arrangements satisfying the requirements of this section, and | |
(b) OFCOM make and impose arrangements of their own instead, | |
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that the person bound by the conditions is required to act in accordance with | |
arrangements imposed by OFCOM. | |
(3) The arrangements that are to be entered into, or may be imposed, are | |
arrangements that secure— | |
(a) that a facility for receiving each must-provide service is made available | 5 |
to every member of the intended audience for that service who is | |
unable, without the use of that facility, to receive it an intelligible form | |
and free of charge; | |
(b) that the facility is one under which every such member of the intended | |
audience for a must-provide service is entitled, free of charge, to receive | 10 |
in an intelligible form so much of a service broadcast from a satellite as | |
includes that must-provide service; | |
(c) that the cost of making that facility available is shared, in appropriate | |
proportions, by all the persons providing must-provide services; | |
(d) that procedures are established and maintained for dealing with | 15 |
complaints from persons claiming to be entitled, in accordance with the | |
arrangements, to receive a service free of charge, and for resolving | |
disputes about the existence or extent of such an entitlement; | |
(e) that the availability of those procedures is adequately publicised in | |
accordance with guidance given from time to time by OFCOM. | 20 |
(4) Arrangements entered into by the providers of must-provide services for the | |
purposes of subsection (3), and any modifications of such arrangements made | |
by the parties to them, are to have effect only if approved by OFCOM. | |
(5) Before imposing any arrangements for the purposes of a condition under | |
subsection (2), OFCOM must consult all the persons who provide must- | 25 |
provide services. | |
(6) For the purposes of this section the reception of a service is not free of charge— | |
(a) if reception of the service is made conditional on the acceptance of an | |
entitlement to receive another service in relation to which a charge is | |
imposed (whether directly or indirectly); | 30 |
(b) if a charge is made for or in connection with the provision of a service | |
which is an ancillary service in relation to the service in question; | |
(c) if any consideration is required from the persons to whom it is made | |
available for the provision of assistance for disabled people in respect | |
of programmes included in the service; or | 35 |
(d) if any other consideration is required to be given, by the person entitled | |
to receive it, for or in connection with its provision or availability. | |
(7) A service is not prevented from being free of charge by a requirement to pay | |
sums in accordance with regulations under section 351. | |
(8) The quality of reception that is required before someone is to be treated for the | 40 |
purposes of any conditions imposed under this section as able to receive a | |
service in an intelligible form is to be determined by OFCOM. | |
(9) References in this section to a facility for receiving a must-provide service | |
include references to— | |
(a) software to be used in giving effect to the entitlement to receive a must- | 45 |
provide service in an intelligible form, and | |
(b) apparatus to be used in associating apparatus capable of being used for | |
receiving such a service, or for putting it into an intelligible form, with | |
a person having such an entitlement, | |
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but do not otherwise include references to apparatus. | |
(10) In this section— | |
“intended audience”, in relation to a must-provide service, means— | |
(a) if the service is one provided only for a particular area or | |
locality of the United Kingdom, members of the public in that | 5 |
area or locality; | |
(b) if the service is one provided for members of a particular | |
community, members of that community; and | |
(c) in any other case, members of the public in the United | |
Kingdom; | 10 |
“licensed television service” means a service falling to be licensed under | |
Part 1 of the 1990 Act or Part 1 of the 1996 Act; | |
“must-provide service” means a service for the time being included in the | |
list of must-provide services in section 267. | |
(11) An order under section 395 must not appoint a day for provisions of this | 15 |
section to come into force that falls less than six months after the day on which | |
the order is made. | |
267 Must-provide services for the purposes of s. 266 | |
(1) For the purposes of section 266 the list of must-provide services is as follows— | |
(a) every service of television programmes provided by the BBC so far as | 20 |
it is provided in digital form and is a service in relation to which | |
OFCOM have functions; | |
(b) the Channel 3 services so far as provided in digital form; | |
(c) Channel 4 so far as provided in digital form; | |
(d) Channel 5 so far as provided in digital form; | 25 |
(e) S4C Digital; | |
(f) the digital public teletext service. | |
(2) The Secretary of State may by order modify the list of must-provide services in | |
subsection (1). | |
268 Co-operation with the public teletext provider | 30 |
(1) The regulatory regime for every Channel 3 service and for Channel 4 includes | |
the conditions that OFCOM consider appropriate for securing that the | |
provider of the service or channel grants access to the facilities mentioned in | |
subsection (2)— | |
(a) to the public teletext provider; and | 35 |
(b) to any person authorised by virtue of section 215 to provide the whole | |
or a part of the public teletext service on his behalf. | |
(2) Those facilities are the facilities that are reasonably required by the public | |
teletext provider or the authorised person for the purposes of, or in connection | |
with, the provision of the public teletext service. | 40 |
(3) A licence holder granting access to facilities in pursuance of a condition | |
imposed under this section may require the public teletext provider or | |
authorised person to pay a reasonable charge in respect of the facilities. | |
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(4) In the the event of a dispute, the amount of the charge is to be determined by | |
OFCOM. | |
Programming quotas for public service television | |
269 Programming quotas for independent productions | |
(1) The regulatory regime for every licensed public service channel includes the | 5 |
conditions that OFCOM consider appropriate for securing that, in each year, | |
not less than 25 per cent. of the total amount of time allocated to the | |
broadcasting of qualifying programmes included in the channel is allocated to | |
the broadcasting of a range and diversity of independent productions. | |
(2) In subsection (1)— | 10 |
(a) the reference to qualifying programmes is a reference to programmes | |
of such description as the Secretary of State may by order specify as | |
describing the programmes that are to be qualifying programmes for | |
the purposes of that subsection; | |
(b) the reference to independent productions is a reference to programmes | 15 |
of such description as the Secretary of State may by order specify as | |
describing the programmes that are to be independent productions for | |
the purposes of that subsection; and | |
(c) the reference to a range of independent productions is a reference to a | |
range of such productions in terms of cost of acquisition as well as in | 20 |
terms of the types of programme involved. | |
(3) The Secretary of State may by order amend subsection (1) by substituting a | |
different percentage for the percentage for the time being specified in that | |
subsection. | |
(4) Before making an order under this section the Secretary of State must consult | 25 |
OFCOM, the BBC and the Welsh Authority. | |
(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. | |
(6) In this section “programme” does not include an advertisement. | 30 |
270 Programming quotas for original productions | |
(1) The regulatory regime for every licensed public service channel includes the | |
conditions that OFCOM consider appropriate for securing— | |
(a) that the time allocated, in each year, to the broadcasting of original | |
productions included in that channel is no less than what appears to | 35 |
them to be an appropriate proportion of the total amount of time | |
allocated to the broadcasting of all the programmes included in the | |
channel; and | |
(b) that the time allocated to the broadcasting of original productions is | |
split in what appears to them to be an appropriate manner between | 40 |
peak viewing times and other times. | |
(2) The proportion determined by OFCOM for the purposes of subsection (1)— | |
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