|
| |
| |
“(5B) Section 15(2) and (3) applies for determining or estimating the share | |
of multiplex revenue attributable to a person for the purposes of | |
subsection (2A) or (5) above.” | |
(6) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | 5 |
paragraph. | |
Digital additional television services licences | |
15 (1) In subsection (2) of section 27 (penalty for failure by holder of digital | |
additional services licence to comply with licence conditions or directions), | |
for the words from “whichever is the greater” onwards there shall be | 10 |
substituted “the maximum penalty given by subsection (2A).” | |
(2) For subsection (3) of that section (maximum penalties) there shall be | |
substituted— | |
“(2A) The maximum penalty is whichever is the greater of— | |
(a) £250,000; and | 15 |
(b) 5 per cent. of the aggregate amount of the shares of multiplex | |
revenue attributable to him in relation to multiplex services | |
in respect of relevant accounting periods.” | |
(3) In subsection (4) of that section (meaning of “relevant accounting period”), | |
for “subsection (3)(a)” there shall be substituted “subsection (2A)”. | 20 |
(4) In subsection (5) of that section, for “not yet ended, then for the purposes of | |
subsection (3)” there shall be substituted “not ended when the penalty is | |
imposed, then for the purposes of this section”. | |
(5) Before subsection (6) of that section there shall be inserted— | |
“(5B) Section 15(2) and (3) applies for determining or estimating the share | 25 |
of multiplex revenue attributable to a person for the purposes of | |
subsection (2A) or (5) above.” | |
(6) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | 30 |
Power to amend digital television penalties | |
16 For section 36(2) and (3) (provisions that may be amended and negative | |
resolution procedure) there shall be substituted— | |
“(2) The provisions referred to in subsection (1) are— | |
(a) section 11(5B)(a) and (5C)(a); | 35 |
(b) section 17(2A)(a); | |
(c) section 23(2A)(a); and | |
(d) section 27(2A)(a). | |
(3) No order is to be made under subsection (1) unless a draft of the | |
order has been laid before Parliament and approved by a resolution | 40 |
of each House.” | |
| |
| |
|
| |
| |
Revocation of radio multiplex licences | |
17 (1) In section 53(5) (maximum penalty on revocation of radio multiplex licence), | |
for “£50,000”, in both places, there shall be substituted “£250,000”. | |
(2) This paragraph applies only in a case of a revocation in relation to which— | |
(a) the notice required by section 53(2) of the 1996 Act, or | 5 |
(b) the notice revoking the licence, | |
is served after the commencement of this paragraph. | |
Attribution of radio multiplex revenue | |
18 (1) In subsection (1) of section 57 (attribution of multiplex revenue for the | |
purposes of sections 59(3)), for “59(3)” there shall be substituted “59(2A) and | 10 |
(2B)”. | |
(2) In subsection (2) of that section, (attribution for the purposes of sections | |
62(3) and 66(3)), for “section 62(3) or section 66(3)” there shall be substituted | |
“sections 62(2A) to (5) and 66(2A) to (5)”. | |
(3) This paragraph has effect in relation only to cases in which section 59, 62 or | 15 |
66 applies as amended by this Schedule. | |
Contraventions of conditions of radio multiplex licences | |
19 (1) In subsection (2) of section 59 (penalty for failure by holder of radio | |
multiplex licence licence to comply with licence conditions or directions), for | |
the words from “whichever is the greater” onwards there shall be | 20 |
substituted “the maximum penalty given by subsection (2A).” | |
(2) For subsection (3) of that section (maximum penalties) there shall be | |
substituted— | |
“(2A) The maximum penalty is whichever is the greater of— | |
(a) £250,000; and | 25 |
(b) 5 per cent. of the aggregate amount of the share of multiplex | |
revenue attributable to him for his last complete accounting | |
period falling within a period for which his licence has been | |
in force (‘the relevant period’). | |
(2B) In relation to a person whose first complete accounting period falling | 30 |
within the relevant period has not ended when the penalty is | |
imposed, subsection (2A)(b) is to be construed as referring to 5 per | |
cent. of the amount which OFCOM estimate to be the share of | |
multiplex revenue attributable to him for that accounting period. | |
(2C) Section 57(1) and (3) applies for determining or estimating the share | 35 |
of multiplex revenue attributable to a person for the purposes of | |
subsection (2A) or (2B) above.” | |
(3) In subsection (4) of that section (maximum penalty to be imposed on holder | |
of local radio multiplex licences for failure to comply with conditions or | |
directions), for “£50,000” there shall be substituted “£250,000”. | 40 |
(4) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | |
| |
| |
|
| |
| |
Digital sound programme licences | |
20 (1) In subsection (2) of section 62 (penalty for failure by holder of digital sound | |
programme licence to comply with licence conditions or directions), for the | |
words from “whichever is the greater” onwards there shall be substituted | |
“the maximum penalty given by subsection (2A).” | 5 |
(2) For subsection (3) of that section (maximum penalties) there shall be | |
substituted— | |
“(2A) The maximum penalty is whichever is the greater of— | |
(a) £250,000; and | |
(b) 5 per cent. of the aggregate amount of the shares of multiplex | 10 |
revenue attributable to him in relation to national radio | |
multiplex revenue in respect of relevant accounting periods.” | |
(3) In subsection (4) of that section (meaning of “relevant accounting period”), | |
for “subsection (3)” there shall be substituted “subsection (2A)”. | |
(4) In subsection (5) of that section, for “not yet ended, then for the purposes of | 15 |
subsection (3)” there shall be substituted “not ended when the penalty is | |
imposed, then for the purposes of this section”. | |
(5) After that subsection there shall be inserted— | |
“(5A) A determination or estimate for the purposes of subsection (2A) or | |
(5) above of the share of multiplex revenue attributable to a person— | 20 |
(a) in the case of a contravention relating to a digital sound | |
programme service provided for inclusion in a radio | |
multiplex service, is to be in accordance with section 57(2) | |
and (3); and | |
(b) in any other case, is to be in accordance with section 15(2) and | 25 |
(3).” | |
(6) In subsection (6) of that section (maximum penalty where licence is a local | |
digital sound programme licence), for “£50,000” there shall be substituted | |
“£250,000”. | |
(7) This paragraph applies in relation to a failure to comply with a condition or | 30 |
direction only if it is one occurring after the commencement of this | |
paragraph. | |
Licences for digital additional sound services | |
21 (1) In subsection (2) of section 66 (penalty for failure by holder of digital | |
additional sound services licence to comply with licence conditions or | 35 |
directions), for the words from “whichever is the greater” onwards there | |
shall be substituted “the maximum penalty given by subsection (2A).” | |
(2) For subsection (3) of that section (maximum penalties) there shall be | |
substituted— | |
“(2A) The maximum penalty is whichever is the greater of— | 40 |
(a) £250,000; and | |
(b) 5 per cent. of the aggregate amount of the shares of multiplex | |
revenue attributable to him in relation to national radio | |
multiplex revenue in respect of relevant accounting periods.” | |
| |
| |
|
| |
| |
(3) In subsection (4) of that section (maximum penalty where licence is a local | |
digital sound programme licence), for “£50,000” there shall be substituted | |
“£250,000”. | |
(4) In subsection (5) of that section (meaning of “relevant accounting period”) | |
for “subsection (3)” there shall be substituted “subsection (2A)”. | 5 |
(5) In subsection (6) of that section, for “not yet ended, then for the purposes of | |
subsection (3)” there shall be substituted “not ended when the penalty is | |
imposed, then for the purposes of this section”. | |
(6) After that subsection there shall be inserted— | |
“(6A) A determination or estimate for the purposes of subsection (2A) or | 10 |
(6) above of the share of multiplex revenue attributable to a person— | |
(a) in the case of a contravention relating to a digital additional | |
programme service provided for inclusion in a radio | |
multiplex service, is to be in accordance with section 57(2) | |
and (3); and | 15 |
(b) in any other case, is to be in accordance with section 15(2) and | |
(3).” | |
(7) This paragraph applies in relation to a failure to comply with a condition or | |
direction only if it is one occurring after the commencement of this | |
paragraph. | 20 |
Power to amend digital television penalties | |
22 For section 69(2) and (3) (provisions that may be amended and negative | |
resolution procedure) there shall be substituted— | |
“(2) The provisions referred to in subsection (1) are— | |
(a) section 53(5)(a) and (b)(i); | 25 |
(b) section 59(2A)(a) and (4); | |
(c) section 62(2A)(a) and (6); and | |
(d) section 66(2A)(a) and (4). | |
(3) No order is to be made under subsection (1) unless a draft of the | |
order has been laid before Parliament and approved by a resolution | 30 |
of each House.” | |
Schedule 14 | |
Section 337 | |
Media ownership rules | |
Part 1 | |
Channel 3 services | 35 |
Ban on newspaper proprietors holding Channel 3 licences | |
1 (1) A person is not to hold a licence to provide a Channel 3 service if— | |
(a) he runs a national newspaper which for the time being has a national | |
market share of 20 per cent. or more; or | |
| |
| |
|
| |
| |
(b) he runs national newspapers which for the time being together have | |
a national market share of 20 per cent. or more. | |
(2) A person is not to hold a licence to provide a regional Channel 3 service if— | |
(a) he runs a local newspaper which for the time being has a local market | |
share of 20 per cent. or more in the coverage area of the service; or | 5 |
(b) he runs local newspapers which for the time being together have a | |
local market share of 20 per cent. or more in that coverage area. | |
(3) For the purposes of this paragraph, where there is a licence to provide a | |
Channel 3 service, each of the following shall be treated as holding that | |
licence— | 10 |
(a) the actual licence holder; and | |
(b) every person connected with the actual licence holder. | |
Restrictions on participation | |
2 (1) A person who is— | |
(a) the proprietor of a national newspaper which for the time being has | 15 |
a national market share of 20 per cent. or more, or | |
(b) the proprietor of national newspapers which for the time being | |
together have a national market share of 20 per cent. or more, | |
is not to be a participant with more than a 20 per cent. interest in a body | |
corporate which is the holder of a licence to provide a Channel 3 service. | 20 |
(2) A person who is the holder of a licence to provide a Channel 3 service is not | |
to be a participant with more than a 20 per cent. interest in a body corporate | |
which is a relevant national newspaper proprietor. | |
(3) A body corporate is not to be a participant with more than a 20 per cent. | |
interest in a body corporate which holds a licence to provide a Channel 3 | 25 |
service if the first body corporate is one in which a relevant national | |
newspaper proprietor is a participant with more than a 20 per cent. interest. | |
(4) A restriction imposed by this paragraph on participation in a body corporate | |
which is the holder of a Channel 3 licence applies equally to participation in | |
a body corporate which controls the holder of such a licence. | 30 |
(5) Any restriction on participation imposed by this paragraph— | |
(a) on the proprietor of a newspaper, or | |
(b) on the holder of a licence, | |
is to apply as if he and every person connected with him were one person. | |
(6) In this paragraph “a relevant national newspaper proprietor” means a | 35 |
person who runs— | |
(a) a national newspaper which for the time being has a national market | |
share of 20 per cent. or more; or | |
(b) national newspapers which for the time being together have a | |
national market share of 20 per cent. or more. | 40 |
National and local newspapers and their respective national and local market shares | |
3 (1) In this Part of this Schedule references to a national or local newspaper are | |
references to a national or local newspaper circulating wholly or mainly in | |
the United Kingdom or in a part of the United Kingdom. | |
| |
| |
|
| |
| |
(2) Where a newspaper is published in different regional editions on the same | |
day, OFCOM have the power to determine whether those regional editions | |
should be treated for the purposes of this Part of this Schedule as | |
constituting— | |
(a) one national newspaper; | 5 |
(b) two or more local newspapers; or | |
(c) one national newspaper and one or more local newspapers. | |
(3) In the case of a newspaper which would otherwise be neither a national nor | |
a local newspaper for the purposes of this Part of this Schedule, OFCOM | |
have the power to determine, if they consider it appropriate to do so in the | 10 |
light of— | |
(a) its circulation and influence in the United Kingdom, or | |
(b) its circulation or influence in a part of the United Kingdom, | |
that the newspaper is to be treated as a national or as a local newspaper for | |
such of those purposes as they may determine. | 15 |
(4) For the purposes of this Part of this Schedule, the national market share of a | |
national newspaper at any time is the percentage of the total number of | |
copies of all national newspapers sold in the United Kingdom in the relevant | |
six months which is represented by the total number of copies of that | |
newspaper sold in the United Kingdom in that six months. | 20 |
(5) For the purposes of this Part of this Schedule, the local market share of a local | |
newspaper in any area at any time is the percentage of the total number of | |
copies of all local newspapers sold in that area in the relevant six months | |
which is represented by the total number of copies of that newspaper sold in | |
that area in that six months. | 25 |
(6) In sub-paragraphs (4) and (5) “the relevant six months” means the six | |
months ending with the last whole calendar month to end before the time in | |
question. | |
(7) For the purposes of sub-paragraphs (4) and (5), the number of copies of a | |
newspaper sold in the United Kingdom, or in a particular area, during any | 30 |
period may be taken to be such number as is estimated by OFCOM— | |
(a) in such manner, or | |
(b) by reference to such statistics prepared by any other person, | |
as they think fit. | |
(8) In relation to a newspaper which is distributed free of charge (rather than | 35 |
sold), references in this paragraph to the number of copies sold include | |
references to the number of copies distributed. | |
Construction of references to running a newspaper | |
4 For the purposes of this Part of this Schedule a person runs a national or local | |
newspaper if— | 40 |
(a) he is the proprietor of the newspaper; or | |
(b) he controls a body which is the proprietor of the newspaper. | |
Coverage area of a Channel 3 service | |
5 For the purposes of this Part of this Schedule the coverage area for a Channel | |
3 service is the area that is determined by OFCOM to be the area of the | 45 |
United Kingdom within which that service is capable of being received at a | |
| |
| |
|
| |
| |
5 level satisfying such technical standards as may have been laid down by | |
them for the purposes of this paragraph. | |
Power to amend Part 1 of Schedule | |
6 The Secretary of State may by order repeal or otherwise modify any of the | |
restrictions imposed by this Part of this Schedule. | 5 |
Part 2 | |
Radio multiplex services | |
Restriction on holding of national radio multiplex licences | |
7 A person is not to hold more than one national radio multiplex licence at the | |
same time. | 10 |
Restriction on holding of local radio multiplex licences | |
8 (1) A person is not to hold any two local radio multiplex licences at the same | |
time where the coverage area of one of the licensed services overlaps with | |
the coverage area of the other in a way that means that the potential | |
audience for one of them is or includes at least half the potential audience of | 15 |
the other. | |
(2) For the purposes of this paragraph the coverage area for a local radio | |
multiplex service is the area determined by OFCOM to be the area in the | |
United Kingdom within which that service is capable of being received at a | |
level satisfying such technical standards as may have been laid down by | 20 |
them for the purposes of this sub-paragraph. | |
(3) Where a person is in contravention of this paragraph in respect of the | |
holding by him of local radio multiplex licences, that contravention is to be | |
disregarded in relation to any time if— | |
(a) he held those licences immediately before the commencement of this | 25 |
paragraph; | |
(b) his holding of those licences immediately before the commencement | |
of this paragraph was not in contravention of paragraph 11(4) of Part | |
3 of Schedule 2 to the 1990 Act; and | |
(c) there has not been a relevant change of circumstances between the | 30 |
commencement of this paragraph and that time. | |
(4) There is a relevant change of circumstances in the case of the person in | |
contravention if another person becomes the holder of the two pre- | |
commencement licences in relation to which the contravention arises. | |
(5) In sub-paragraph (4) “pre-commencement licence”, in relation to a person | 35 |
and a time, means a local radio multiplex licence held by him immediately | |
before the commencement of this paragraph and still held by him at that | |
time. | |
Connected persons rules etc. | |
9 For the purposes of this Part of this Schedule, where there is a licence to | 40 |
provide a radio multiplex service, each of the following shall be treated as | |
holding that licence— | |
| |
| |
|
