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of the Broadcasting Act 1996, of his intention to provide a | |
simulcast radio service, and”. | |
(6) For subsection (7) there shall be substituted— | |
“(7) The amount determined under subsection (6)(b) must be equal to the | |
amount which, in OFCOM’s opinion, would have been the cash bid | 5 |
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 98. | |
(7A) For the purposes of subsection (6)(c)— | |
(a) different percentages may be specified for different | 10 |
accounting periods; and | |
(b) the percentages that may be specified for an accounting | |
period include a nil percentage.” | |
(7) After subsection (10) there shall be inserted— | |
“(10A) In the case of a pre-transfer national licence (including one for a | 15 |
period extended under section 247 of the Communications Act | |
2003)— | |
(a) the licence is not to be capable of being renewed under this | |
section if it has already been renewed under this section | |
before the radio transfer date; and | 20 |
(b) on the renewal of the licence, it shall be the duty of OFCOM | |
to secure that the renewed licence contains only such | |
provision as would be included in a national licence granted | |
by OFCOM under this Part after the radio transfer date.” | |
Applications for local licences | 25 |
46 (1) Section 104 of the 1990 Act (application for local licences) shall be amended | |
as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (6), for the words from the beginning to “shall be made” there | 30 |
shall be substituted “An application for a licence to provide a restricted | |
service shall be made”. | |
Renewal of local licences | |
47 (1) Section 104A of the 1990 Act (renewal of local licences) shall be amended as | |
follows. | 35 |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (1), for “eight” there shall be substituted “twelve”. | |
(4) After subsection (12) there shall be inserted— | |
“(12A) In the case of a pre-transfer local licence (including one for a period | 40 |
extended under section 247 of the Communications Act 2003)— | |
(a) the licence is not to be capable of being renewed under this | |
section if it has already been renewed under this section | |
before the radio transfer date; and | |
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(b) on the renewal of the licence, it shall be the duty of OFCOM | |
to secure that the renewed licence contains only such | |
provision as would be included in a local licence granted by | |
OFCOM under this Part after the radio transfer date.” | |
(5) In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall | 5 |
be substituted “paragraph 8(2) of Schedule 14 to the Communications Act | |
2003”. | |
Special procedure for applications for local licences | |
48 (1) Section 104B of the 1990 Act (special procedure for applications for local | |
licences) shall be amended as follows. | 10 |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) After subsection (1) there shall be inserted— | |
“(1A) In subsection (1)(c) the reference to the service in question, in relation | |
to a case in which it is a pre-transfer local licence that is due to expire, | 15 |
is a reference to the equivalent local service for which a licence is | |
capable of being granted at times on or after the radio transfer date.” | |
Special requirements relating to grant of local licences | |
49 (1) Section 105 of the 1990 Act (special requirements relating to grant of local | |
licences) shall be amended as follows. | 20 |
(2) For “the Authority” there shall be substituted “OFCOM”. | |
(3) For paragraph (d) (duty to have regard to the extent to which proposed | |
service supported by persons living in the area) there shall be substituted— | |
“(d) the extent to which there is evidence that, amongst persons | |
living in that area or locality, there is a demand for, or | 25 |
support for, the provision of the proposed service.” | |
Requirements as to character and coverage of services | |
50 In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements | |
as to character and coverage of services), for “the Authority”, wherever | |
occurring, there shall be substituted “OFCOM”. | 30 |
Enforcement of licences | |
51 In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the | |
Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Power to suspend licences to provide radio licensable content services from a satellite | 35 |
52 (1) Section 111B of the 1990 Act (power to suspend licence to provide satellite | |
service) shall be amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1)— | 40 |
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(a) in paragraph (a), for “satellite service” there shall be substituted | |
“radio licensable content service”; | |
(b) in paragraph (b), for the words from “included in the licence” to the | |
end of the paragraph there shall be substituted “which in compliance | |
with section 255 of the Communications Act 2003 is included in the | 5 |
licence for the purpose of securing the objective mentioned in section | |
307(2)(b) of that Act, and”. | |
Additional radio services | |
53 (1) Section 114 of the 1990 Act (additional radio services) shall be amended as | |
follows. | 10 |
(2) In subsection (1)— | |
(a) for “telecommunication” there shall be substituted “electronic”; and | |
(b) for paragraphs (a) and (b) there shall be substituted “on a relevant | |
frequency”. | |
(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted “any | 15 |
part of the signals which— | |
(a) is not required for the purposes of the sound broadcasting | |
service for the purposes of which the frequency has been | |
made available; and | |
(b) is determined by OFCOM to be available for the provision of | 20 |
additional services;”. | |
(4) After that subsection there shall be inserted— | |
“(2A) At any time while an additional services licence is in force, OFCOM | |
may, if they consider it appropriate to do so, modify or further | |
modify the determination made for the purposes of that licence | 25 |
under subsection (2)(b); and where there has been such a | |
modification or further modification, the licence shall have effect | |
accordingly. | |
(2B) A modification or further modification under subsection (2A) must | |
not reduce the amount of spare capacity made available for the | 30 |
licensed services” | |
(5) In subsection (3), for the words from the beginning to “subsection (2)(a)” | |
there shall be substituted “OFCOM shall, when determining under | |
subsection (2)”. | |
(6) For subsection (6) there shall be substituted— | 35 |
“(6) In this section ‘electronic signal’ means a signal within the meaning | |
of section 28 of the Communications Act 2003. | |
(7) In this section and section 115 ‘relevant frequency’ means a | |
frequency made available by OFCOM for the purposes of a sound | |
broadcasting service.” | 40 |
(7) This paragraph does not affect the validity of a licence granted or last | |
renewed before the radio transfer date, or the services licensed by any such | |
licence. | |
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Licensing of additional radio services | |
54 (1) Section 115 of the 1990 Act (licensing of additional radio services) shall be | |
amended as follows. | |
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | 5 |
(3) In subsection (1), for the words from “of the following” to “114(1)(b)” there | |
shall be substituted “relevant frequency”. | |
(4) In subsection (8), for “local, restricted or satellite service” there shall be | |
substituted “local or restricted service or to provide a radio licensable | |
content service”. | 10 |
Applications for additional radio services licences | |
55 (1) Section 116 of the 1990 Act (applications for additional radio services | |
licences) shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | 15 |
(3) In subsection (1)(b)(iii), the words “(subject to the approval of the Secretary | |
of State)” shall be omitted. | |
Procedure for awarding additional radio services licences | |
56 (1) Section 117 of the 1990 Act (procedure for awarding additional radio | |
services licences) shall be amended as follows. | 20 |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), for paragraph (a) (requirement of approval of technical | |
plans) there shall be substituted— | |
“(a) that the technical plan submitted under section 116(3)(b), in | 25 |
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. | |
Additional payments in respect of additional radio services licences | 30 |
57 In section 118 of the 1990 Act (additional payments in respect of additional | |
radio services licences), for “the Authority”, wherever occurring, there shall | |
be substituted “OFCOM”. | |
Additional radio services not to interfere with other transmissions | |
58 (1) Section 119 of the 1990 Act (additional radio services not to interfere with | 35 |
other transmissions) shall be amended as follows. | |
(2) In subsection (1), for “the Authority” there shall be substituted “OFCOM”. | |
(3) Subsection (2) shall cease to have effect. | |
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Enforcement of additional radio services licences | |
59 In section 120 of the 1990 Act (enforcement of additional radio services | |
licences), for “the Authority” and “The Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
Interpretation | 5 |
60 In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3)— | |
(a) for the definition of “independent radio service” there shall be | |
substituted— | |
“‘independent radio service’ means a service falling to | |
be regulated under section 239 of the | 10 |
Communications Act 2003;” | |
(b) for the definitions of “local service”, “national service”, “restricted | |
service” and “satellite service” there shall be substituted— | |
“‘local service’, ‘national service’ and ‘restricted | |
service’ each has the same meaning as in section 239 | 15 |
of the Communications Act 2003; | |
‘pre-transfer local licence’ and ‘pre-transfer national | |
licence’ each has the same meaning as in section 247 | |
of that Act; | |
‘radio licensable content service’ has the same meaning | 20 |
as in Part 3 of that Act; | |
‘radio transfer date’ has the same meaning as in that | |
Act;”. | |
(c) in the definition of “sound broadcasting service” for the words from | |
“(as defined” to the end there shall be substituted “(within the | 25 |
meaning of Part 3 of the Communications Act 2003);”. | |
Duty to provide advance information about programmes | |
61 In column 1 of the Table in section 176(7) of the 1990 Act (persons who are | |
the providers of services for the purposes of the obligations to give advance | |
information about programmes)— | 30 |
(a) for “regulation by the Independent Television Commission” there | |
shall be substituted “regulation by OFCOM”; | |
(b) for “The television broadcasting service provided by the Welsh | |
Authority and the service referred to in section 57(1A)(a)” there shall | |
be substituted “The public television services of the Welsh Authority | 35 |
(within the meaning of Part 2 of Schedule 12 to the Communications | |
Act 2003)”; and | |
(c) for “section 84(2)(a)(i)” there shall be substituted “section 126(1)”; | |
(d) for “the Radio Authority”, in both places, there shall be substituted | |
“OFCOM”. | 40 |
Proscription of foreign satellite services | |
62 (1) Section 177 of the 1990 Act (proscription of foreign satellite stations) shall be | |
amended as follows. | |
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(2) In subsection (2), for “the Independent Television Commission or the Radio | |
Authority consider that the quality of any relevant” there shall be | |
substituted “OFCOM consider that the quality of any”. | |
(3) In subsection (3), for the words from the beginning to “Authority” there shall | |
be substituted “OFCOM”. | 5 |
(4) In subsection (6), the definition of “relevant foreign satellite service” shall be | |
omitted. | |
Financing of Gaelic Broadcasting | |
63 (1) Section 183 of the 1990 Act (financing of Gaelic Broadcasting) shall be | |
amended as follows. | 10 |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (2), for “by them under this section to be” there shall be | |
substituted “by the Independent Television Commission under this section | |
and”. | 15 |
(4) This paragraph— | |
(a) so far as it relates to subsection (1) of section 183 has effect in relation | |
only to financial years beginning after the television transfer date; | |
and | |
(b) so far as it relates to subsection (2) of that section does not apply to | 20 |
amounts paid for earlier financial years. | |
Gaelic Broadcasting in Scotland | |
64 (1) Section 184 of the 1990 Act (broadcasting of programmes in Gaelic on | |
Channel 3 in Scotland) shall be amended as follows. | |
(2) In subsection (1), for the words “subsection (2)” there shall be substituted | 25 |
“subsection (1)(a)”. | |
(3) In subsection (3), for the words from “The conditions” to “the purpose of” | |
there shall be substituted “The regulatory regime for a service to which this | |
section applies includes the conditions that OFCOM consider appropriate | |
for”. | 30 |
(4) After that subsection there shall be inserted— | |
“(3A) Section 255 of the Communications Act 2003 (regulatory regime) | |
applies in relation to conditions included by virtue of subsection (3) | |
in the regulatory regime for a licensed service as it applies in relation | |
to conditions which are so included by virtue of a provision of | 35 |
Chapter 4 of Part 3 of that Act.” | |
(5) In subsection (4)(b), for “the Commission” there shall be substituted | |
“OFCOM”. | |
Maintenance of the national television archive | |
65 (1) In section 185 of the 1990 Act (maintenance of the national television | 40 |
archive)— | |
(a) for “The Commission” and “the Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
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(b) in subsection (5), the definition of “the Commission” shall be | |
omitted. | |
(2) This paragraph so far as it relates to subsection (1) of that section has effect | |
in relation only to financial years beginning after the television transfer date. | |
Modification of networking arrangements | 5 |
66 (1) Section 193 of the 1990 Act (modification of networking arrangements in | |
consequence of competition legislation) shall be amended as follows. | |
(2) In subsection (1), for the words from “the Office of Fair Trading” to “relevant | |
authority’)” there shall be substituted “the relevant authority”. | |
(3) After subsection (2) there shall be inserted— | 10 |
“(2A) In subsection (1), ‘relevant authority’ means— | |
(a) in relation to a relevant order falling within subsection (2)(a), | |
the Office of Fair Trading, the Competition Commission or | |
(as the case may be) the Secretary of State; | |
(b) in relation to a relevant order falling within subsection (2)(b), | 15 |
the Office of Fair Trading, the Competition Commission, the | |
Secretary of State or (as the case may be) the OFCOM.” | |
(4) In subsection (4), for “section 39(1) above” there shall be substituted “section | |
280(4) of the Communications Act 2003”. | |
Search warrants | 20 |
67 (1) Section 196 of the 1990 Act (grant of search warrant to person authorised by | |
the Independent Television Commission or the Radio Authority) shall be | |
amended as follows. | |
(2) In subsection (1), for “the relevant authority” there shall be substituted | |
“OFCOM”. | 25 |
(3) Subsection (2) (definition of “relevant authority”) shall be omitted. | |
Notices | |
68 In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a) | |
and (b) there shall be substituted “by OFCOM under section 21, 41, 42, 55, | |
103, 109, 110, 111 or 120”. | 30 |
Interpretation | |
69 (1) Section 202 of the 1990 Act (general interpretation) shall be amended as | |
follows. | |
(2) In subsection (1), after the definition of “modifications” there shall be | |
inserted— | 35 |
“‘OFCOM’ means the Office of Communications;”. | |
(3) After subsection (6) there shall be inserted— | |
“(6A) Subsections (2) and (3) of section 348 of the Communications Act | |
2003 (persons by whom services provided) are to apply for the | |
purposes of this Act as they apply for the purposes of Part 3 of that | 40 |
Act.” | |
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