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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    257

 

            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,

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            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

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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—

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           (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—

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           (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

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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

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     (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

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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

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OFCOM consider appropriate for securing that, in each year, not less than 10

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    258

 

     (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

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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

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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.

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     (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.

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     (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

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 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

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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.

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     (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;

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           (c)           Channel 4 in digital form;

           (d)           Channel 5 in digital form;

           (e)           S4C Digital;

           (f)           the digital public teletext service.

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    259

 

     (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

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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

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           (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

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                  (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

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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.

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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.

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     (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—

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                  (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

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licensed to be provided;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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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

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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

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(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

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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—

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                  (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

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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

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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.

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     (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.

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     (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

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are included in the services;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    261

 

           (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

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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

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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

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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

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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

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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

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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

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                  (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.

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     (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

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licence affecting service characteristics) there shall be substituted—

 

 

 
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