|
| |
| |
(a) the actual licence holder; and | |
(b) every person connected with the actual licence holder. | |
Power to amend Part 2 of Schedule | |
10 The Secretary of State may by order repeal or otherwise modify any of the | |
restrictions imposed by this Part of this Schedule. | 5 |
Part 3 | |
Local sound programme services | |
Restriction on holding of local sound broadcasting licences | |
11 (1) The Secretary of State may by order impose— | |
(a) requirements prohibiting the holding at the same time by the same | 10 |
person, in the circumstances described in the order, of more than the | |
number of local sound broadcasting licences that is determined in | |
the manner set out in the order; | |
(b) requirements prohibiting a person from holding even one local | |
sound broadcasting licence in the circumstances described in the | 15 |
order. | |
(2) The circumstances by reference to which a person may be prohibited under | |
sub-paragraph (1) from holding a local sound broadcasting licence, and the | |
factors that may be used for determining the number of such licences that he | |
may hold, include, in particular— | 20 |
(a) whether and to what extent the coverage areas of different services | |
provided by that person under different local sound broadcasting | |
licences would overlap; | |
(b) the sizes of the potential audiences for those services and the times | |
when those services would be made available; | 25 |
(c) whether and to what extent members of the potential audiences for | |
those services would also be members of the potential audiences for | |
services provided under local sound broadcasting licences held by | |
other persons; | |
(d) in a case in which members of potential audiences for services so | 30 |
provided by that person would also be members of the potential | |
audiences for services so provided by other persons— | |
(i) the number of those other persons; | |
(ii) the coverage areas of their services; | |
(iii) the sizes of the potential audiences for their services; and | 35 |
(iv) the times when their services are or will be made available; | |
(e) whether that person runs one or more national newspapers, and | |
their national market share; | |
(f) whether and to what extent the whole or a part of the coverage area | |
for a service for which that person would hold a local sound | 40 |
broadcasting licence is or includes an area in which one or more local | |
newspapers run by him is circulating, and the newspapers’ local | |
market share; | |
(g) whether and to what extent the whole or a part the coverage area for | |
which that person would hold a local sound broadcasting licence is | 45 |
| |
| |
|
| |
| |
(g) or is included in the coverage area of a regional Channel 3 service for | |
which he also holds a licence. | |
(3) For the purposes of this paragraph the coverage area for a service provided | |
under a local sound broadcasting licence or a Channel 3 licence is the area in | |
the United Kingdom within which that service is capable of being received | 5 |
at a level satisfying such technical standards as may have been laid down by | |
OFCOM for the purposes of the provisions of an order under this paragraph. | |
Restriction applying to local digital sound programme services | |
12 (1) The Secretary of State may by order impose requirements, on persons | |
holding local digital sound programme licences, prohibiting the provision | 10 |
by the same person, in the circumstances described in the order, of more | |
than the number of local digital sound programme services that is | |
determined in the manner set out in the order. | |
(2) The circumstances by reference to which a person may be prohibited under | |
sub-paragraph (1) from providing a local digital sound programme service, | 15 |
and the factors that may be used for determining the number of such | |
services that he may provide, include, in particular— | |
(a) whether and to what extent the coverage areas of different local | |
digital sound programme services provided by that person would | |
overlap; | 20 |
(b) the capacity used by those services on the relevant multiplexes; | |
(c) the sizes of the potential audiences for those services and the times | |
when those services would be made available; | |
(d) whether and to what extent members of the potential audiences for | |
those services would also be members of the potential audiences for | 25 |
local digital sound programme services provided by other persons; | |
(e) in a case in which members of the potential audiences for the services | |
provided by that person would also be members of the potential | |
audiences for local digital sound programme services provided by | |
other persons— | 30 |
(i) the number of those other persons; | |
(ii) the coverage areas of their services; | |
(iii) the capacity used by their services on the relevant | |
multiplexes; | |
(iv) the sizes of the potential audiences for their services; and | 35 |
(v) the times when their services are or will be made available. | |
(3) For the purposes of this paragraph the coverage area for a service provided | |
under a local digital sound programme licence is the area in the United | |
Kingdom within which the relevant multiplex is capable of being received | |
at a level satisfying such technical standards as may have been laid down by | 40 |
OFCOM for the purposes of the provisions of an order under this paragraph. | |
(4) In this paragraph “the relevant multiplex”, in relation to a service provided | |
under a local digital sound programme licence, means the local radio | |
multiplex service in which the service provided under that licence is or is to | |
be included. | 45 |
(5) For the purposes of this paragraph a person who holds a licence to provide | |
local digital sound programme services provides such a service if, and only | |
if— | |
| |
| |
|
| |
| |
(a) the service is one provided by him and is included in a local radio | |
multiplex service for which he holds a local radio multiplex licence; | |
or | |
(b) under a contract between that person and a person who holds a | |
licence to provide a local radio multiplex service, the person holding | 5 |
the licence to provide the radio multiplex service is required to | |
include that local digital sound programme service in that multiplex | |
service. | |
Powers supplemental to powers under paragraphs 11 and 12 | |
13 (1) An order under paragraph 11 or 12 may make provision for treating— | 10 |
(a) persons who are connected with a person who holds a licence, | |
(b) persons who are associates of a person who holds a licence or of a | |
person who is connected with a person who holds a licence, and | |
(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body which holds a licence or | 15 |
is treated as doing so by virtue of paragraph (a) or (b), | |
as if each of them were also a holder of the licence for the purposes of a | |
requirement imposed under that paragraph. | |
(2) An order under paragraph 12 may make provision for treating— | |
(a) persons who are connected with a person who provides a local | 20 |
digital sound programme service, | |
(b) persons who are associates of a person who provides such a service | |
or of a person who is connected with a person who provides such a | |
service, and | |
(c) persons who (whether alone or together with such persons as may be | 25 |
described in the order) participate in a body who provides such a | |
service or is treated as doing so by virtue of paragraph (a) or (b), | |
as if each of them were also a person providing the service for the purposes | |
of a requirement imposed under that paragraph. | |
(3) An order under paragraph 11 or 12 may also make provision for treating— | 30 |
(a) persons who are connected with each other, | |
(b) persons who are associates of each other, and | |
(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body, | |
as if they and such other persons who are connected with, associates of or | 35 |
paticipators in any of them as may be described in the order were the same | |
person for the purposes of a requirement imposed under that paragraph. | |
(4) An order under paragraph 11 may make provision— | |
(a) as to the circumstances in which a newspaper is to be treated as a | |
national newspaper or a local newspaper for the purposes of a | 40 |
requirement imposed under that paragraph; | |
(b) as to the person or persons who are to be treated for any such | |
purposes as running a newspaper; | |
(c) as to the determination for any such purposes of the area within | |
which a local newspaper is circulating; and | 45 |
(d) as to what is to constitute the national market share or local market | |
share of any newspaper or of a number of newspapers taken | |
together; | |
| |
| |
|
| |
| |
and provision made by virtue of this paragraph may apply, with or without | |
modifications, any of the provisions of paragraph 3 or 4 of this Schedule. | |
(5) Power to make provision with respect to any matter by any order under | |
paragraph 11 or 12 includes power— | |
(a) to make provision with respect to that matter by reference to the | 5 |
making or giving by OFCOM, in accordance with the order, of any | |
determination, approval or consent; and | |
(b) to confer such other discretions on OFCOM as the Secretary of State | |
thinks fit. | |
(6) Sub-paragraph (5) of paragraph 12 applies for the purposes of this | 10 |
paragraph as it applies for the purposes of that paragraph. | |
Transitional provision for orders under paragraphs 11 and 12 | |
14 (1) This paragraph applies where— | |
(a) immediately after the coming into force of an order under paragraph | |
11 or 12, a person (“the person in contravention”) is in contravention, | 15 |
in any respect, of a requirement imposed under that paragraph; and | |
(b) immediately before the coming into force of the order, that person— | |
(i) held one or more relevant licences; but | |
(ii) was not, in that respect, in contravention of a requirement | |
imposed under that paragraph. | 20 |
(2) This paragraph does not apply in the case of the first order to be made under | |
paragraph 11 or 12 if the person in contravention was, immediately before | |
the coming into force of the order, in contravention, in relation to one or | |
more of the relevant licences, of a requirement imposed under Part 3 or 4 of | |
Schedule 2 to the 1990 Act. | 25 |
(3) In sub-paragraphs (1) and (2) the reference to a relevant licence is— | |
(a) in relation to the coming into force of an order under paragraph 11, | |
a local sound broadcasting licence; and | |
(b) in relation to the coming into force of an order under paragraph 12, | |
a local digital sound programme licence. | 30 |
(4) The contravention mentioned in sub-paragraph (1)(a), to the extent that it | |
arises by reason of the coming into force of the order, is to be disregarded (in | |
the case of the person in contravention) in relation to any time which falls— | |
(a) after the coming into force of the order; and | |
(b) before there is a relevant change of circumstances. | 35 |
(5) Where the contravention is one arising under paragraph 11 in the case of a | |
person who held one or more local sound broadcasting licences immediately | |
before the coming into force of the order, there is a relevant change of | |
circumstances if— | |
(a) another person becomes the holder of any of those licences, | 40 |
otherwise than in consequence of a transaction under which the | |
person in contravention ceases to be a holder of the licence; or | |
(b) the person in contravention becomes the holder of another local | |
sound broadcasting licence. | |
(6) A change of circumstances is not a relevant change of circumstances by | 45 |
virtue of sub-paragraph (5)(b) unless the licence of which the person in | |
contravention becomes the holder is one the holding of which, with the | |
| |
| |
|
| |
| |
(6) holding of licences already held by him, would (apart from sub-paragraph | |
(4)) constitute a contravention of a requirement imposed under paragraph | |
11. | |
(7) Where the contravention is one arising under paragraph 12 in the case of a | |
person who, under a local digital sound programme licence, was providing | 5 |
one or more local digital sound programme services immediately before the | |
coming into force of the order, there is a relevant change of circumstances | |
if— | |
(a) another person becomes the holder of that licence, otherwise than in | |
consequence of a transaction under which the person in | 10 |
contravention ceases to be a holder of the licence; or | |
(b) the person in contravention becomes the provider of another local | |
digital sound programme service provided under that licence. | |
(8) A change of circumstances is not a relevant change of circumstances by | |
virtue of sub-paragraph (7)(b) unless the service of which the person in | 15 |
contravention becomes the provider is one the provision of which, with the | |
services already provided by him, would (apart from sub-paragraph (4)) | |
constitute a contravention of a requirement imposed under paragraph 12. | |
(9) For the purposes of this paragraph, in its application in relation to a | |
contravention of a requirement imposed under paragraph 11 or 12— | 20 |
(a) references to holding a licence or providing a local digital sound | |
programme service are to be construed in accordance with the | |
provision having effect for the purposes of that requirement; and | |
(b) the persons who are taken to be holding a local digital sound | |
programme licence immediately before the coming into force of the | 25 |
order include every person who at that time would, in accordance | |
with that provision, be treated as providing local digital sound | |
programme services that were being provided at that time under | |
that licence. | |
Part 4 | 30 |
Supplemental provisions of Schedule | |
Procedure for orders | |
15 (1) Before making an order under any provision of this Schedule (other than one | |
that is confined to giving effect to recommendations made by OFCOM in a | |
report of a review under section 377), the Secretary of State must consult | 35 |
OFCOM. | |
(2) No order is to be made containing provision authorised by any provision of | |
this Schedule unless a draft of the order has been laid before Parliament and | |
approved by a resolution of each House. | |
Interpretation of Schedule | 40 |
16 (1) Part 1 of Schedule 2 to the 1990 Act applies for construing this Schedule as it | |
applies for construing Part 2 of that Schedule. | |
(2) References in this paragraph to an area overlapping another include | |
references to its being the same as, or lying wholly inside, the other area. | |
| |
| |
|
