|
| |
| |
9 risks that C4C’s other activities will have an adverse effect on the carrying | |
out of their primary functions are— | |
(a) identified; | |
(b) evaluated; and | |
(c) properly managed | 5 |
Interpretation of Schedule | |
10 In this Schedule— | |
“arrangements” means arrangements about the procedures and other | |
practices to be followed by C4C and about other matters connected | |
with the carrying on by them of any of their activities; | 10 |
“licence period” means— | |
(a) the period for which the replacement licence is granted to | |
C4C in accordance with section 225; or | |
(b) any subsequent period for which it is renewed; | |
“primary functions” is to be construed in accordance with section | 15 |
194(2); | |
“relevant licence period”— | |
(a) in relation to the first notification to be given under | |
paragraph 1, the licence period mentioned in paragraph (a) of | |
the definition of that period; and | 20 |
(b) in relation to any other such notification, the first licence | |
period to begin after the giving of the notification; | |
“transparency objectives” is to be construed in accordance with | |
paragraph 2(4). | |
Schedule 10 | 25 |
Section 214 | |
Licensing the public teletext service | |
Part 1 | |
Applications for and award of licence | |
Notice of proposal to grant licence | |
1 (1) Where OFCOM propose to grant a licence to provide the public teletext | 30 |
service they must publish a notice stating that they are proposing to do so. | |
(2) The notice must— | |
(a) specify the digital capacity which is available for the public teletext | |
service on television multiplex services; | |
(b) specify whether the licence will require the public teletext service to | 35 |
comprise a service to be provided for broadcasting in analogue form; | |
(c) invite applications for the licence; | |
(d) specify the closing date for applications; | |
(e) specify the fee payable on the making of an application for the | |
licence; and | 40 |
| |
| |
|
| |
| |
(f) specify the percentage of qualifying revenue for each accounting | |
period of the licence holder which OFCOM have determined to be | |
the percentage of that revenue that will have to be paid to them. | |
(3) Where the licence is to comprise an analogue teletext service the notice must | |
specify— | 5 |
(a) the television broadcasting service or services on whose frequency or | |
frequencies the services are to be provided; and | |
(b) the extent and nature of the spare capacity which is to be allocated by | |
the licence. | |
(4) For the purposes of sub-paragraph (2)(f)— | 10 |
(a) different percentages may be determined and specified for different | |
accounting periods; and | |
(b) the percentages that may be determined and specified for an | |
accounting period include a nil percentage. | |
(5) A notice under this paragraph is to be published in such manner as OFCOM | 15 |
consider appropriate. | |
Guidance as to applications | |
2 (1) When publishing a notice under paragraph 1, OFCOM must publish with it | |
some general guidance to applicants about what is likely to make proposals | |
relating to the matters mentioned in paragraph 3(1)(c) to (e) acceptable to | 20 |
them. | |
(2) Guidance published under this paragraph must include examples. | |
Applications for the licence | |
3 (1) An application made in response to a notice under paragraph 1 must be | |
accompanied by— | 25 |
(a) the fee specified in the notice as payable on the making of the | |
application; | |
(b) a technical plan complying with sub-paragraph (2); | |
(c) the applicant’s proposals for providing, or securing the provision of, | |
a service that fulfils the public service remit for the public teletext | 30 |
service; | |
(d) the applicant’s proposals for including news items in the service and | |
for securing that the news items included in the service are up to date | |
and regularly revised; | |
(e) the applicant’s proposals for the inclusion in the service of material | 35 |
that is of particular interest to persons living in different parts of the | |
United Kingdom; | |
(f) the applicant’s cash bid in respect of the licence; and | |
(g) such information as OFCOM may reasonably require about the | |
matters mentioned in sub-paragraph (3). | 40 |
(2) The technical plan must indicate— | |
(a) the nature of the public teletext service which the applicant is | |
proposing to provide; and | |
(b) the nature of any services the provision of which, in accordance with | |
proposals made by another person, would be secured by the | 45 |
applicant in accordance with provision made under section 215. | |
| |
| |
|
| |
| |
(3) The matters about which OFCOM may require information under sub- | |
paragraph (1)(g) are— | |
(a) the applicant’s present financial position; and | |
(b) his projected financial position during the period for which the | |
licence would be in force. | 5 |
(4) At any time after receiving an application under this Schedule and before | |
disposing of it, OFCOM may require the applicant to furnish additional | |
information about any one or more of the following— | |
(a) the matters that must be indicated in the technical plan; | |
(b) the applicant’s proposals with respect to the matters mentioned in | 10 |
sub-paragraph (1)(c) to (e); and | |
(c) the matters mentioned in sub-paragraph (3). | |
(5) Any information to be furnished to OFCOM under this paragraph must be | |
in such form, and must be verified, in such manner as they may require. | |
Notice inviting public representations | 15 |
4 (1) As soon as reasonably practicable after the date specified in a notice under | |
paragraph 1 as the closing date for applications, OFCOM must publish— | |
(a) the name of every person who has made an application to them in | |
response to their notice; | |
(b) particulars of the technical plan submitted by each applicant; | 20 |
(c) the proposals submitted by each applicant with respect to the | |
matters mentioned in paragraph 3(1)(c) to (e); | |
(d) such other information connected with each application as OFCOM | |
consider appropriate; and | |
(e) a notice under sub-paragraph (2). | 25 |
(2) The notice required by this paragraph is one that— | |
(a) invites representations to be made to OFCOM with respect to the | |
other matters published under this paragraph; and | |
(b) specifies the manner in which, and the time by which, such | |
representations have to be made. | 30 |
(3) Publication of any information or notice under this paragraph is to be in | |
such manner as OFCOM consider appropriate. | |
Determination of applications | |
5 (1) This paragraph applies where, in response to a notice under paragraph 1, a | |
person has made an application for a licence to provide the public teletext | 35 |
service. | |
(2) OFCOM must not proceed to consider whether to award the applicant the | |
licence in accordance with the following provisions of this paragraph unless | |
it appears to them— | |
(a) that the applicant’s technical plan, in so far as it involves the use of | 40 |
an electronic communications network, contains proposals that are | |
acceptable to them; | |
(b) that the applicant’s proposals with respect to the matters mentioned | |
in paragraph 3(1)(c) to (e) are acceptable to them; and | |
| |
| |
|
| |
| |
(c) that the services proposed to be provided under the licence would be | |
capable of being maintained throughout the period for which the | |
licence would be in force. | |
(3) In determining whether it appears to them as mentioned in sub-paragraph | |
(2), OFCOM must take account of any representations made to them in | 5 |
response to the invitation published under paragraph 4. | |
(4) Sections 17 and 17A of the 1990 Act (award of licence to highest cash bidder | |
and financial conditions) apply in relation to a licence to provide the public | |
teletext service as they apply in relation to a Channel 3 licence, but with the | |
modifications set out in sub-paragraphs (5) and (6). | 10 |
(5) In the application of section 17 of the 1990 Act in accordance with sub- | |
paragraph (4)— | |
(a) any reference to an applicant is to be construed as a reference to an | |
applicant in whose case it appears to OFCOM as mentioned in sub- | |
paragraph (2); | 15 |
(b) the provisions of subsection (4) down to the end of paragraph (b) are | |
to be omitted; | |
(c) in subsection (7)(a), the reference to section 19(1) of the 1990 Act is to | |
be construed as a reference to paragraph 7 of this Schedule; | |
(d) subsection (12) shall have effect with the substitution of the | 20 |
following paragraph for paragraph (b)— | |
“(b) the name of every other applicant in whose case it | |
appeared to OFCOM as mentioned in paragraph 5(2) | |
of Schedule 10 to the Communications Act 2003;” | |
(e) in subsection (14), the references to a notice under section 15(1) of the | 25 |
1990 Act and a notice under Part 1 of that Act shall each have effect | |
as a reference to a notice under paragraph 1 of this Schedule. | |
(6) In the application of section 17A of the 1990 Act in accordance with sub- | |
paragraph (4)— | |
(a) the reference in subsection (1)(b) to section 15(3)(g) of the 1990 Act | 30 |
shall have effect as a reference to paragraph 3(1)(g) of this Schedule; | |
and | |
(b) the reference in subsection (3) to a notice under section 15(1) of the | |
1990 Act shall have effect as a reference to a notice under paragraph | |
1 of this Schedule. | 35 |
Revocation of award | |
6 (1) This paragraph applies if, at any time after a licence to provide the public | |
teletext service has been awarded to a person, but before it has come into | |
force— | |
(a) that person indicates to OFCOM that he does not intend to provide, | 40 |
or secure the provision of, the licensed service; or | |
(b) OFCOM have, for any other reason, reasonable grounds for | |
believing that the licensed service will not be provided once the | |
licence has come into force. | |
(2) OFCOM must revoke the licence by serving a notice of revocation on the | 45 |
person to whom it was awarded. | |
| |
| |
|
| |
| |
(3) OFCOM may then award the licence again in accordance with section 17 of | |
the 1990 Act (as applied by paragraph 5 of this Schedule) as if the person | |
whose licence is revoked had not made an application. | |
(4) Sub-paragraph (3) has effect subject to subsection (14) of section 17 of the | |
1990 Act (as so applied) (re-publication of invitation to make applications) | 5 |
as if the reference in that subsection to the following provisions of Part 1 of | |
that Act included a reference to that sub-paragraph. | |
(5) Before acting under sub-paragraphs (2) and (3) in a case falling within sub- | |
paragraph (1)(b), OFCOM must serve a notice on the person awarded the | |
licence stating their grounds for believing that the licensed service will not | 10 |
be provided once the licence has come into force. | |
(6) Where such a notice is required to be given, OFCOM must not revoke the | |
licence unless they have given the person to whom it was awarded a | |
reasonable opportunity of making representations to them about the matters | |
by reference to which they are proposing to revoke it. | 15 |
(7) In the case of a licence to provide a service that must comprise both— | |
(a) an analogue teletext service, and | |
(b) a teletext service provided in digital form, | |
the references in sub-paragraphs (1) and (5) to the licensed service are | |
references to one or both of those services. | 20 |
Part 2 | |
Conditions and enforcement of licence | |
Payments to be made in respect of the public teletext service | |
7 (1) A licence to provide the public teletext service must include conditions requiring the | |
licence holder to pay the following amounts to OFCOM (in addition to any fees | 25 |
required to be so paid by virtue of section 4(1)(b) of the 1990 Act)— | |
(a) a specified amount in respect of the first complete calendar year falling | |
within the the licence period; | |
(b) in respect of each subsequent year falling wholly or partly within the licence | |
period, that amount increased by the appropriate percentage; | 30 |
(c) in respect of each accounting period of his falling within the licence period, | |
an amount representing a specified percentage of qualifying revenue for that | |
accounting period. | |
(2) The amount specified for the purposes of sub-paragraph (1)(a) must be— | |
(a) in the case of the replacement licence under section 216, the amount | 35 |
proposed in accordance with subsection (5)(a)of that section; | |
(b) in the case of a licence renewed under section 217, the amount determined | |
under section 218(1)(a); and | |
(c) in any other case, the amount specified in the licence holder’s cash bid. | |
(3) The percentage specified for the purposes of sub-paragraph (1)(c) in respect | 40 |
of an accounting period must be— | |
(a) in the case of the replacement licence under section 216, nil; | |
(b) in the case of a licence renewed under section 217, the percentage | |
determined under section 218(1)(b); and | |
(c) in any other case, the amount determined and specified for the | 45 |
purposes of paragraph 1(2)(f) of this Schedule. | |
| |
| |
|
| |
| |
(4) A licence to provide the public teletext service may also include | |
conditions— | |
(a) enabling OFCOM to estimate before the beginning of an accounting | |
period the amount due for that period by virtue of any condition | |
imposed under this paragraph; and | 5 |
(b) requiring the licence holder to pay the estimated amount by monthly | |
instalments throughout that period. | |
(5) Such a licence may, in particular, include conditions— | |
(a) authorising OFCOM to revise an estimate on one or more occasions; | |
(b) requiring them to alter the amounts of the instalments payable by the | 10 |
licence holder to take account of the revised estimate; | |
(c) providing for the adjustment of an overpayment or underpayment. | |
(6) This paragraph has effect subject to sections 219 and 220 and to the | |
requirement in section 216(5)(b). | |
(7) In this paragraph “the appropriate percentage” has the same meaning as in | 15 |
section 19 of the 1990 Act. | |
Corrections and statements of findings by the public teletext provider | |
8 (1) Section 40 of the 1990 Act (power to direct correction or a statement of | |
findings) shall have effect in relation to the public teletext service as it has | |
effect in relation to a Channel 3 service but as if the references in subsection | 20 |
(4) to a programme were references to an item. | |
(2) OFCOM’s powers by virtue of this paragraph in relation to any matter are | |
not affected by any prior exercise by them in relation to that matter of their | |
powers under either or both of paragraphs 9 and 10. | |
Enforcement of the licence for the public teletext service | 25 |
9 (1) If OFCOM are satisfied that the holder of the licence to provide the public | |
teletext service has— | |
(a) contravened a condition of the licence, or | |
(b) failed to comply with a direction given to him by OFCOM under or | |
by virtue of a provision of the 1990 Act, the 1996 Act or Part 3 of this | 30 |
Act, | |
they may serve on him a notice requiring him to pay a specified financial | |
penalty to them. | |
(2) The maximum amount which a person may be required to pay by way of a | |
penalty under this paragraph is 5 per cent. of the qualifying revenue for his | 35 |
last complete accounting period. | |
(3) Where an accounting period by reference to which the maximum amount of | |
a penalty falls to be calculated has not ended when the penalty is imposed, | |
the amount taken into account in respect of that period is to be the amount | |
estimated by OFCOM. | 40 |
(4) OFCOM are not to serve a notice under this paragraph on any person unless | |
they have given him a reasonable opportunity of making representations to | |
them about the matters complained of. | |
(5) A notice requiring a person to pay a penalty under this paragraph must | |
specify the period within which it is to be paid. | 45 |
| |
| |
|
| |
| |
Power to shorten licence period | |
10 (1) If OFCOM are satisfied that the holder of the licence to provide the public | |
teletext service has— | |
(a) contravened a condition of the licence, or | |
(b) failed to comply with a direction given to him by OFCOM under or | 5 |
by virtue of any provision of the 1990 Act, the 1996 Act or Part 3 of | |
this Act, | |
they may serve on him a notice reducing the period for which the licence is | |
to be in force by a specified period not exceeding two years. | |
(2) OFCOM are not to serve a notice under this paragraph on any person unless | 10 |
they have given him a reasonable opportunity of making representations to | |
them about the matters in respect of which it is served. | |
(3) Where a licence is due to expire on a particular date by virtue of a notice | |
served on a person under this paragraph, OFCOM may, on the application | |
of that person, revoke that notice by a further notice served on him at any | 15 |
time before that date. | |
(4) OFCOM may exercise their power under sub-paragraph (3) only if they are | |
satisfied that, since the date of the earlier notice, the conduct of the licence | |
holder in relation to the operation of the licensed service has been such as to | |
justify the revocation of that notice. | 20 |
Revocation for contravention of condition or direction | |
11 Section 42 of the 1990 Act (revocation for contravention) shall apply in | |
relation to the licence to provide the public teletext service as it applies in | |
relation to a licence to provide a Channel 3 service. | |
Penalty on revocation | 25 |
12 (1) Where OFCOM revoke the licence to provide the public teletext service | |
(whether under paragraph 6 or a provision of the 1990 Act or 1996 Act), they | |
must serve on the licence holder a notice requiring him to pay a specified | |
financial penalty to them. | |
(2) The maximum amount which a person may be required to pay by way of a | 30 |
penalty under this paragraph is the maximum given by sub-paragraphs (3) | |
and (4). | |
(3) In a case where the licence is revoked under paragraph 6 or the penalty is | |
imposed before the end of the first complete accounting period of the licence | |
holder to begin in the licence period, the maximum penalty is whichever is | 35 |
the greater of— | |
(a) £500,000; and | |
(b) 7 per cent. of the amount which OFCOM estimate would have been | |
the qualifying revenue for the first complete accounting period of the | |
licence holder falling within the period for which the licence would | 40 |
have been in force. | |
(4) In any other case, the maximum penalty is whichever is the greater of— | |
(a) £500,000; and | |
(b) 7 per cent. of the qualifying revenue for the last complete accounting | |
period of the licence holder falling within the licence period. | 45 |
| |
| |
|
