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the relevant date is the date of the coming into force of this section. | |
(3) In the case of— | |
(a) a Channel 3 service the provision of which began before the date of the | |
passing of this Act, and | |
(b) Channel 4 and S4C Digital, | 5 |
the relevant date is 1st January 2000. | |
(4) In the case of Channel 5, so far as it consists of a service the provision of which | |
began before the date of the passing of this Act, the relevant date is 1st January | |
1998. | |
(5) OFCOM may determine that a service provided by a person is to be treated for | 10 |
the purposes of section 293 and this section as a continuation of a service | |
previously provided by him. | |
296 Power to modify targets in s. 293 | |
(1) The Secretary of State may by order modify section 293 so as to do one or both | |
of the following— | 15 |
(a) substitute a later anniversary for the anniversary specified in | |
subsection (2) of that section; | |
(b) substitute a different percentage for the percentage for the time being | |
specified in any paragraph of subsection (3) of that section. | |
(2) The provision that may be made by virtue of subsection (1) includes— | 20 |
(a) modifications for requiring the code to set out additional obligations to | |
be fulfilled once the obligations previously required to be set out in the | |
code have been fulfilled; and | |
(b) savings for the obligations previously set out in the code. | |
(3) Before making an order under this section the Secretary of State must consult | 25 |
OFCOM. | |
(4) No order is to be made containing provision authorised by subsection (1) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
297 Observance of code under s. 293 | 30 |
(1) The regulatory regime for every service to which this section applies includes | |
the conditions that OFCOM consider appropriate for securing that the code | |
maintained by them under section 293 is observed in the provision of those | |
services. | |
(2) This section applies to every service to which section 293 applies which is | 35 |
licensed by a Broadcasting Act licence. | |
Programming quotas for digital television programme services | |
298 Quotas for independent programmes | |
(1) The regulatory regime for every digital television programme service that is | |
not comprised in a licensed public service channel includes the conditions that | 40 |
OFCOM consider appropriate for securing that, in each year, not less than 10 | |
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(1) per cent. of the total amount of time allocated to the broadcasting of qualifying | |
programmes included in the service is allocated to the broadcasting of a range | |
and diversity of independent productions. | |
(2) In subsection (1)— | |
(a) the reference to qualifying programmes is a reference to programmes | 5 |
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 | |
of such description as the Secretary of State may by order specify as | 10 |
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 | |
terms of the types of programme involved. | 15 |
(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 | |
OFCOM. | 20 |
(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. | |
Regulation of electronic programme guides | 25 |
299 Code of practice for electronic programme guides | |
(1) It shall be the duty of OFCOM to draw up, and from time to time to review and | |
revise, a code giving guidance as to the practices to be followed in the | |
provision of electronic programme guides. | |
(2) The practices required by the code must include the giving, in the manner | 30 |
provided for in the code, of such degree of prominence as OFCOM consider | |
appropriate to— | |
(a) the listing or promotion, or both the listing and promotion, of the | |
programmes included in the public service channels; and | |
(b) the facilities for selecting or accessing those programmes. | 35 |
(3) Subject to subsection (4), in subsection (2) the reference to the public service | |
channels is a reference to any of the following— | |
(a) any service of television programmes provided by the BBC in digital | |
form so as to be available for reception by members of the public; | |
(b) any Channel 3 service in digital form; | 40 |
(c) Channel 4 in digital form; | |
(d) Channel 5 in digital form; | |
(e) S4C Digital; | |
(f) the digital public teletext service. | |
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(4) The Secretary of State may by order— | |
(a) add any programme service to the services for the time being specified | |
in subsection (3) as public service channels; or | |
(b) delete a service from that subsection. | |
(5) Before making an order under subsection (4) the Secretary of State must | 5 |
consult OFCOM. | |
(6) In this section “electronic programme guide” means a service which— | |
(a) is or is included in a television licensable content service, a digital | |
television programme service or a digital additional television service; | |
and | 10 |
(b) consists of— | |
(i) the listing or promotion, or both the listing and the promotion, | |
of some or all of the programmes included in any one or more | |
programme services the providers of which are or include | |
persons other than the provider of the guide; and | 15 |
(ii) a facility for obtaining access, in whole or in part, to the | |
programme service or services listed or promoted in the guide. | |
(7) In this section “text service” has the same meaning as in section 226. | |
300 Conditions to comply with code under s. 299 | |
(1) The regulatory regime for every service consisting in or including an electronic | 20 |
programme guide includes whatever conditions (if any) OFCOM consider | |
appropriate for securing that the code maintained by them under section 299 is | |
observed in the provision of those services. | |
(2) In this section “electronic programme guide” has the same meaning as in | |
section 299. | 25 |
Character and coverage of radio services | |
301 Character and coverage of sound broadcasting services | |
(1) Section 106 of the 1990 Act (requirements as to character and coverage of local | |
and national radio services) shall be amended as follows. | |
(2) In subsection (1), the words from “except” onwards shall be omitted. | 30 |
(3) After subsection (1) (duty to ensure character preserved subject to departures | |
that do not restrict service) there shall be inserted— | |
“(1A) Conditions included in a licence for the purposes of subsection (1) may | |
provide that OFCOM may consent to a departure from the character of | |
the licensed service if, and only if, they are satisfied— | 35 |
(a) that the departure would not substantially alter the character of | |
the service; | |
(b) that the departure would not narrow the range of programmes | |
available by way of relevant independent radio services to | |
persons living in the area or locality for which the service is | 40 |
licensed to be provided; | |
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(c) that, in the case of a local licence, the departure would be | |
conducive to the maintenance or promotion of fair and effective | |
competition in that area or locality; or | |
(d) that, in the case of a local licence, there is evidence that, amongst | |
persons living in that area or locality, there is a significant | 5 |
demand for, or significant support for, the change that would | |
result from the departure.” | |
(4) For subsection (5) (restriction on power to extend licence to new area or | |
locality) there shall be substituted— | |
“(5) OFCOM shall only exercise the power conferred on them by subsection | 10 |
(4) if it appears to them— | |
(a) that to do so would not result in a significant increase of the area | |
or locality for which the service in question is licensed to be | |
provided; or | |
(b) that the increase that would result is justifiable in the | 15 |
exceptional circumstances of the case.” | |
(5) After subsection (6) of that section there shall be inserted— | |
“(7) In this section ‘relevant independent radio services’ means the | |
following services so far as they are services falling to be regulated | |
under section 239 of the Communications Act 2003— | 20 |
(a) sound broadcasting services; | |
(b) radio licensable content services; | |
(c) additional services; | |
but, in relation to a departure from the character of a service provided | |
under a local licence, does not include a service that is provided | 25 |
otherwise than wholly or mainly for reception by persons living and | |
working in the area or locality in question.” | |
302 Local content and character of local sound broadcasting services | |
(1) It shall be the duty of OFCOM to carry out their functions in relation to local | |
sound broadcasting services in the manner that they consider is best calculated | 30 |
to secure— | |
(a) that programmes consisting of or including local material are included | |
in such services; and | |
(b) that other connections between each such service and the area or | |
locality for which it is provided are established and maintained. | 35 |
(2) OFCOM must— | |
(a) draw up a code giving guidance as to how they consider the | |
requirements of subsection (1)(a) and (b) should be satisfied; and | |
(b) have regard to that code in carrying out their functions in relation to | |
local sound broadcasting services. | 40 |
(3) The code may, in particular, include guidance as to the relevance for the | |
purposes of subsection (1)(a) and (b) of— | |
(a) different descriptions of local material included in local sound | |
broadcasting services; | |
(b) the extent to which locally-made programmes and local advertisements | 45 |
are included in the services; | |
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(c) the extent to which use is made of some or all of the factors specified in | |
subsection (4) for establishing and maintaining connections between | |
such a service and an area or locality. | |
(4) Those factors are— | |
(a) the employment or other use for the purposes of the service of persons | 5 |
living in, or otherwise having connections with, the area or locality; | |
(b) the provision to such persons, in connection with the provision of the | |
service, of opportunities for training and development; | |
(c) the use of premises within the area or locality as the premises from | |
which the service is provided, or as the premises from which | 10 |
management or control over the provision of the service is exercised. | |
(5) The code may make different provision for different descriptions of services. | |
(6) OFCOM may revise the code from time to time. | |
(7) Before drawing up or revising the code, OFCOM must consult— | |
(a) such persons as appear to them to represent the interests of persons for | 15 |
whom local sound broadcasting services are or would be provided; | |
(b) persons holding licences to provide local sound broadcasting services | |
or persons appearing to represent such persons, or both; and | |
(c) such other persons as they consider appropriate. | |
(8) OFCOM must publish the code and every revision of the code in such manner | 20 |
as they consider appropriate. | |
(9) In this section— | |
“local advertisement”, in relation to a local sound broadcasting service, | |
means an advertisement for— | |
(a) goods or services manufactured or supplied by a person whose | 25 |
business is carried on from premises in the area or locality for | |
which the service is provided; or | |
(b) goods or services which are supplied primarily to persons | |
living or working in that area or locality; | |
“local material”, in relation to a local sound broadcasting service, means | 30 |
material (including news) which is of particular interest— | |
(a) to persons living or working within the area or locality for | |
which the service is provided; | |
(b) to persons living or working within a part of that area or | |
locality; or | 35 |
(c) to particular communities living or working within that area or | |
locality; | |
“locally-made”, in relation to programmes included in a local sound | |
broadcasting service, means made wholly or partly at premises in the | |
area or locality for which that service is provided. | 40 |
(10) References in this section to persons living or working in an area or locality | |
include references to persons undergoing education or training in that area or | |
locality. | |
303 Variations of radio multiplex licences affecting service characteristics | |
For subsection (6) of section 54 of the 1996 Act (variations of radio multiplex | 45 |
licence affecting service characteristics) there shall be substituted— | |
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