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Applications for additional services licences | |
23 (1) Section 50 of the 1990 Act (applications for additional services licences) shall | |
be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 5 |
(3) In subsection (1)(b)(ii), the words “(subject to the approval of the Secretary | |
of State)” shall be omitted. | |
(4) Subsection (7) shall cease to have effect. | |
Procedure on application etc. for additional television services licences | |
24 (1) Section 51 of the 1990 Act (consideration of applications for licences for | 10 |
additional television services) shall be amended as follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), for paragraph (a) (requirement of approval of technical | |
plans) there shall be substituted— | 15 |
“(a) that the technical plan submitted under section 50(3)(b), in so | |
far as it involves the use of an electronic communications | |
network (within the meaning of the Communications Act | |
2003), contains proposals that are acceptable to them; and”. | |
(4) Subsections (2) and (7) shall cease to have effect. | 20 |
Additional payments in respect of additional television services licences | |
25 In section 52 of the 1990 Act (additional payments in respect of additional | |
television services licences), for “the Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
Duration of additional television services licences | 25 |
26 (1) Section 53 of the 1990 Act (duration and renewal of additional television | |
services licences) shall be amended as follows. | |
(2) In subsection (1), for the words before paragraph (a) there shall be | |
substituted— | |
“(1) A licence to provide additional services on a frequency which is a | 30 |
relevant frequency for the purposes of section 48 or (in the case of a | |
licence granted before the television transfer date) was assigned | |
under section 65—”. | |
(3) In subsections (2) to (11), for “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 35 |
(4) In subsection (8), for the words from “payable” onwards there shall be | |
substituted “the cash bid of the licence holder were the licence (instead of | |
being renewed) to be granted for the period of the renewal on an application | |
made in accordance with section 50(3).” | |
(5) After that subsection there shall be inserted— | 40 |
“(8A) For the purposes of subsection (7)(b)— | |
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(a) different percentages may be specified for different | |
accounting periods; and | |
(b) the percentages that may be specified for an accounting | |
period include a nil percentage.” | |
(6) After subsection (11) there shall be inserted— | 5 |
“(12) In this section ‘the television transfer date’ has the same meaning as | |
in the Communications Act 2003.” | |
Additional television services not to interfere with other transmissions | |
27 (1) Section 54 of the 1990 Act (additional television services not to interfere with | |
other transmissions) shall be amended as follows. | 10 |
(2) In subsection (1), for “the Commission” there shall be substituted “OFCOM”. | |
(3) Subsection (2) shall cease to have effect. | |
Enforcement of additional television services licences | |
28 (1) Section 55 of the 1990 Act (further provision in relation to additional | |
television services licences) shall be amended as follows. | 15 |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (4) at the end there shall be inserted “and, in the case of a | |
licence renewed under section 53 as if the reference in section 42(4) to the | |
end of the period for which the licence is to continue in force were a | 20 |
reference to the end of the period for which it has been renewed. | |
The Welsh Authority | |
29 (1) Section 58 of the 1990 Act (sources of programmes for S4C) shall be amended | |
as follows. | |
(2) In subsection (1), for “comply with their duty under section 57(2)(b)” there | 25 |
shall be substituted “fulfil so much of their public service remit in relation to | |
S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is | |
contained in sub-paragraph (2)(a) and (b) of that paragraph”. | |
(3) In subsection (2)(a), for “comply with section 57(3)” there shall be | |
substituted “fulfil so much of their public service remit in relation to S4C | 30 |
under paragraph 3 of Schedule 12 to the Communications Act 2003 as is | |
contained in sub-paragraph (2)(c) of that paragraph”. | |
(4) After subsection (5) there shall be inserted— | |
“(6) In this section ‘programme’ does not include an advertisement.” | |
Distribution of licensed public service channels | 35 |
30 (1) Section 66 of the 1990 Act (requirements relating to transmission and | |
distribution of services) shall be amended as follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
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(3) In subsections (1) and (2), for “for general reception” there shall be | |
substituted “so as to be available for reception by members of the public”. | |
(4) After subsection (2) there shall be inserted— | |
“(2A) In subsections (1) and (2) ‘available for reception by members of the | |
public’ shall be construed in accordance with section 347 of the | 5 |
Communications Act 2003”. | |
Enforcement of licences held by BBC companies | |
31 In section 66A of the 1990 Act (enforcement of licences held by BBC | |
companies), for “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | 10 |
Interpretation of Part 1 | |
32 (1) Section 71 of the 1990 Act (interpretation) shall be amended as follows. | |
(2) For the definitions of “S4C” and “on S4C” there shall be substituted— | |
“‘S4C’ has the same meaning as in Part 3 of the | |
Communications Act 2003;”. | 15 |
(3) For the definitions of “television broadcasting service” and “television | |
programme service” there shall be substituted— | |
“‘television broadcasting service’, ‘television licensable content | |
service’ and ‘television programme service’ each has the | |
same meaning as in Part 3 of the Communications Act 2003;”. | 20 |
Licensing functions of OFCOM | |
33 (1) Section 85 of the 1990 Act (licensing of independent radio services) shall be | |
amended as follows. | |
(2) In subsections (1) and (2), for “the Authority” and “The Authority”, | |
wherever occurring, there shall be substituted “OFCOM”. | 25 |
(3) In subsection (1), for “such licences to provide independent radio services as | |
they may determine” there shall be substituted “licences to provide relevant | |
independent radio services”. | |
(4) Subsections (3) and (4) (duty to secure the meeting of a variety of tastes and | |
interests and to ensure fair and effective competition) shall cease to have | 30 |
effect. | |
(5) After subsection (7) there shall be inserted— | |
“(8) 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— | 35 |
(a) sound broadcasting services; | |
(b) radio licensable content services; | |
(c) additional radio services.” | |
Licences under Part 3 of the 1990 Act | |
34 (1) Section 86 of the 1990 Act (licences under Part 3) shall be amended as | 40 |
follows. | |
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(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) For subsection (9) of that section there shall be substituted— | |
“(9) The holding of a licence by a person shall not relieve him of— | |
(a) any liability in respect of a failure to hold a licence under | 5 |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) any obligation to comply with requirements imposed by or | |
under Chapter 1 of Part 2 of the Communications Act 2003 | |
(electronic communications networks and electronic | |
communications services).” | 10 |
General licence conditions | |
35 (1) Section 87 of the 1990 Act (general licence conditions) shall be amended as | |
follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | 15 |
(3) In subsection (1), in each of paragraphs (a) and (d), after “this Act” there shall | |
be inserted “, the Broadcasting Act 1996 or the Communications Act 2003”. | |
(4) In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or” | |
immediately preceding it shall be omitted. | |
(5) In subsection (3) (fixing of fees), for the words from “regard as necessary” | 20 |
onwards there shall be substituted “regard as necessary for the purposes of | |
paragraph 8(1) of the Schedule to the Office of Communications Act 2002 | |
(obligation to conduct affairs so as to be able to meet their obligations and | |
carry out their functions).” | |
Restrictions on holding licences | 25 |
36 (1) Section 88 of the 1990 Act (restrictions on the holding of licences) shall be | |
amended as follows. | |
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (2) (incidental requirements to provide information), after | 30 |
paragraph (d) there shall be inserted— | |
“(da) impose conditions in a licence requiring the licence holder, if | |
a body corporate, to give OFCOM notice, after they have | |
occurred and irrespective of whether proposals for them | |
have fallen to be notified, of changes, transactions or events | 35 |
affecting— | |
(i) shareholdings in the body; or | |
(ii) the directors of the body; | |
(db) impose conditions in a licence enabling OFCOM to require | |
the licence holder to provide them with such information as | 40 |
they may reasonably require for determining— | |
(i) whether the licence holder is a disqualified person in | |
relation to that licence by virtue of Part 2 of Schedule | |
2; or | |
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(ii) whether any such requirements as are mentioned in | |
subsection (1)(b) have been and are being complied | |
with by or in relation to the licence holder;”. | |
(4) In subsection (6)— | |
(a) in paragraph (a), for “complained of” there shall be substituted | 5 |
“constituting their grounds for revoking the licence”; and | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be | |
substituted “the requirements imposed by or under Schedule 14 to | |
the Communications Act 2003”. | |
(5) In subsection (6A)— | 10 |
(a) paragraph (a) shall cease to have effect; and | |
(b) in paragraph (b), for “Part IV of that Schedule” there shall be | |
substituted “Part 1 of Schedule 14 to the Communications Act 2003”. | |
(6) Subsection (6B) shall cease to have effect. | |
(7) In subsection (7), for the words from “a failure” to the end of paragraph (c) | 15 |
there shall be substituted “a disqualification under Part 2 of Schedule 2 to | |
this Act or a contravention of a requirement imposed by or under Schedule | |
14 to the Communications Act 2003,”. | |
Disqualification of persons convicted of transmission offences | |
37 (1) Section 89 of the 1990 Act (offences giving rise to disqualification) shall be | 20 |
amended as follows. | |
(2) In subsection (1), for paragraph (a) there shall be substituted— | |
“(a) an offence under section 1(1) of the Wireless | |
Telegraphy Act 1949 (‘the 1949 Act’) consisting in the | |
establishment or use of a station for wireless | 25 |
telegraphy, or the installation or use of wireless | |
telegraphy apparatus, for the purpose of making a | |
broadcast (within the meaning of section 9 of the | |
Marine, &c., Broadcasting (Offences) Act 1967); | |
(aa) an offence under section 1A of the 1949 Act (keeping | 30 |
wireless telegraphy station or apparatus available for | |
unauthorised use) where the relevant contravention | |
of section 1 would constitute an offence falling within | |
paragraph (a); | |
(ab) an offence under section 1B or 1C of the 1949 Act | 35 |
(unlawful broadcasting offences);”. | |
(3) In subsection (3), for the words from “concerned” onwards there shall be | |
substituted “concerned in— | |
(a) the provision of the licensed service or the making of | |
programmes included in it; or | 40 |
(b) the operation of a station for wireless telegraphy used for | |
broadcasting the service.” | |
(4) This paragraph does not impose a disqualification in respect of any offence | |
committed before the commencement of this paragraph. | |
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Offence of providing regulated radio services | |
38 (1) Section 97 of the 1990 Act (prohibition on providing services without a | |
licence) shall be amended as follows. | |
(2) In subsection (1), for the words from “independent” to “84(1)(d), (e) or (f)” | |
there shall be substituted “relevant regulated radio service”. | 5 |
(3) After that subsection there shall be inserted— | |
“(1A) In subsection (1) ‘relevant regulated radio service’ means a service | |
falling to be regulated by OFCOM under section 239 of the | |
Communications Act 2003, other than a radio multiplex service.” | |
(4) In subsection (2) (exemption orders made after consulting the Radio | 10 |
Authority), for “the Authority” there shall be substituted “OFCOM”. | |
Applications for national licences | |
39 (1) Section 98 of the 1990 Act (applications for national licences) shall be | |
amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | 15 |
substituted “OFCOM”. | |
(3) In subsection (3)(a) (proposals to accompany application)— | |
(a) the word “both”, and | |
(b) sub-paragraph (ii) and the word “and” immediately preceding it, | |
shall be omitted. | 20 |
(4) After subsection (3) there shall be inserted— | |
“(3A) For the purposes of subsection (1)(d)(ii)— | |
(a) different percentages may be specified for different | |
accounting periods; and | |
(b) the percentages that may be specified for an accounting | 25 |
period include a nil percentage.” | |
(5) In subsection (4) (provision of further information), after “paragraphs (a),” | |
there shall be inserted “(aa),”. | |
(6) In subsection (6)(b) (publication of details of successful applicant), after | |
“subsection (3)(a)” there shall be inserted “and (aa)”. | 30 |
Consideration of applications for a national licence | |
40 (1) Section 99 of the 1990 Act (consideration of applications for national licence) | |
shall be amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | 35 |
(3) In paragraph (a) of subsection (1) (proposals to accompany application)— | |
(a) the word “both”, and | |
(b) sub-paragraph (ii) and the word “and” immediately preceding it, | |
shall be omitted. | |
(4) In paragraph (b) of that subsection, after “maintain that service” there shall | 40 |
be inserted “and any proposed simulcast radio service corresponding to that | |
service”. | |
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Award of national licences | |
41 In section 100 of the 1990 Act (award of national licences to person | |
submitting highest cash bid), for “the Authority” and “The Authority”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
Failure to begin providing licensed service | 5 |
42 (1) Section 101 of the 1990 Act (failure to begin providing licensed service) shall | |
be amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1)— | 10 |
(a) in paragraph (a) for “the service in question” there shall be | |
substituted “the licensed national service or that he does not intend | |
to provide a corresponding simulcast radio service that he is | |
required to provide by a condition imposed under section 100A”; | |
and | 15 |
(b) in paragraph (b), for “that service” there shall be substituted “the | |
licensed national service or any such simulcast radio service”. | |
(4) In subsection (2), for “the service in question” there shall be substituted “the | |
licensed national service or the simulcast radio service”. | |
Additional payments in respect of national licences | 20 |
43 In section 102 of the 1990 Act (additional payments in respect of national | |
licences), for “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
Restrictions affecting change in control of holder of national licence | |
44 (1) Section 103 of the 1990 Act (restrictions on change of control of national | 25 |
licence) shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (2) (interpretation), for the words from “as if” onwards there | |
shall be substituted “as it has effect for the purposes of that Schedule.” | 30 |
Renewal of national licences | |
45 (1) Section 103A of the 1990 Act (renewal of national licences) shall be amended | |
as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | 35 |
(3) In subsection (1), for “eight” there shall be substituted “twelve”. | |
(4) In subsection (3), paragraph (a) and in paragraph (b) the words “in any other | |
case” shall cease to have effect. | |
(5) In subsection (4), for paragraph (b) there shall be substituted— | |
“(b) the applicant gave notice to OFCOM, within the period of | 40 |
one month beginning with the commencement of section 42 | |
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