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(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there | |
shall be substituted, in each case, “the provider of a television | |
multiplex service or general multiplex service”, | |
(c) in paragraph (a), for “by means of a multiplex service” there shall be | |
substituted “by means of that provider’s service”; and | 5 |
(d) in paragraph (a)(i), for “the identity of the multiplex service” there | |
shall be substituted “the identity of the service by means of which it | |
will be broadcast”. | |
(3) Subsections (2) and (4) to (10) of that section shall cease to have effect. | |
Duration and enforcement of multiplex licenses | 10 |
92 (1) Section 23 of the 1996 Act (enforcement of digital programme licences) shall | |
be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (4), for the words from “multiplex service” onwards there shall | 15 |
be substituted “television multiplex service or general multiplex service, | |
means the last accounting period of the multiplex provider”. | |
(4) In subsection (5), for “multiplex service, the first accounting period of the | |
holder of the multiplex licence” there shall be substituted “television | |
multiplex service or general multiplex service, the first accounting period of | 20 |
the multiplex provider”. | |
(5) After that subsection there shall be inserted— | |
“(5A) In subsections (4) and (5) ‘multiplex provider’ has the same meaning | |
as in section 14.” | |
(6) In subsection (8) for “apology” there shall be substituted “statement of | 25 |
findings”. | |
Digital additional services | |
93 (1) Section 24 of the 1996 Act (digital additional services) shall be amended as | |
follows. | |
(2) In subsection (1), for paragraphs (a) and (b) there shall be substituted— | 30 |
“(a) is provided by a person with a view to its being broadcast in | |
digital form (whether by him or some other person) so as to | |
be available for reception by members of the public; | |
(b) is so provided with a view either— | |
(i) to the broadcasting being by means of a television | 35 |
multiplex service or by means of a general multiplex | |
service; or | |
(ii) to the members of the public in question being or | |
including members of the public in an EEA State | |
other than the United Kingdom, or in an area of such | 40 |
a State; | |
and | |
(c) is not a Channel 3 service, Channel 4, Channel 5, a public | |
television service of the Welsh Authority, the digital public | |
teletext service, a digital programme service, a digital sound | 45 |
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programme service, an ancillary service or a technical | |
service.” | |
(3) In subsection (2) (meaning of ancillary service)— | |
(a) for “an independent analogue broadcaster” there shall be substituted | |
“a relevant public service broadcaster”; and | 5 |
(b) in paragraph (b)(i), after “such programmes” there shall be inserted | |
“, or to programmes included in digital sound programme services,”. | |
(4) In subsection (3)(a), after “digital programme services” there shall be | |
inserted “, digital sound programme services”. | |
(5) After subsection (3) there shall be inserted— | 10 |
“(3A) In this section— | |
‘available for reception by members of the public’ shall be | |
construed in accordance with section 347 of the | |
Communications Act 2003; | |
‘public television service of the Welsh Authority” means— | 15 |
(a) S4C Digital; or | |
(b) any television programme service the provision of | |
which by the Authority is authorised by or under | |
section 200 and which is provided in digital form; | |
‘relevant public service broadcaster’ means any of the | 20 |
following— | |
(a) a person licensed under Part 1 of the 1990 Act to | |
provide a Channel 3 service; | |
(b) the Channel 4 Corporation; | |
(c) a person licensed under Part 1 of the 1990 Act to | 25 |
provide Channel 5; | |
(d) the BBC; | |
(e) the Welsh Authority; | |
(f) the public teletext provider.” | |
Licensing of digital additional services | 30 |
94 (1) Section 25 of the 1996 Act (licensing of digital additional services) shall be | |
amended as follows. | |
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) After subsection (4) there shall be inserted— | 35 |
“(4A) A digital additional services licence is not required for a service that | |
is or is comprised in a qualifying service.” | |
(4) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall | |
cease to have effect. | |
Conditions of digital additional services licence | 40 |
95 (1) Section 26 of the 1996 Act (conditions of licences for digital additional | |
services) shall be amended as follows. | |
(2) In subsection (2)— | |
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(a) for “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there | |
shall be substituted, in each case, “the provider of a television | |
multiplex service or general multiplex service”; | 5 |
(c) in paragraph (a), for “by means of a multiplex service” there shall be | |
substituted “by means of that provider’s service”; and | |
(d) in paragraph (a)(i), for “the identity of the multiplex service” there | |
shall be substituted “the identity of the service by means of which it | |
will be broadcast”. | 10 |
Enforcement of digital additional television services licences | |
96 (1) Section 27 of the 1996 Act (enforcement of digital additional television | |
services licences) shall be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 15 |
(3) In subsection (4), for the words from “multiplex service” onwards there shall | |
be substituted “television multiplex service or general multiplex service, | |
means the last accounting period of the multiplex provider”. | |
(4) In subsection (5), for “multiplex service, the first accounting period of the | |
holder of the multiplex licence” there shall be substituted “television | 20 |
multiplex service or general multiplex service, the first accounting period of | |
the multiplex provider”. | |
(5) After that subsection there shall be inserted— | |
“(5A) In subsections (4) and (5) ‘multiplex provider’ has the same meaning | |
as in section 14.” | 25 |
Digital broadcasting of Gaelic programmes | |
97 (1) In section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) | |
shall be amended as follows. | |
(2) In subsection (1), for “the Commission to include in any multiplex licence | |
granted in respect of one frequency to which section 28 applies” there shall | 30 |
be substituted “OFCOM to include in no more than one relevant multiplex | |
licence”. | |
(3) In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be | |
substituted “Seirbheis nam Meadhanan Gàidhlig”. | |
(4) For subsection (9) there shall be substituted— | 35 |
“(9) In this section— | |
‘Gaelic’ means the Gaelic language as spoken in Scotland; | |
‘relevant multiplex licence’ means a multiplex licence in respect | |
of which the Secretary of State has made an order under | |
section 237(3) of the Communications Act 2003; | 40 |
‘television broadcasting service’ has the same meaning as in | |
Part 3 of the Communications Act 2003.” | |
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Review of digital television broadcasting | |
98 (1) Section 33 of the 1996 Act (review of digital television broadcasting) shall be | |
amended as follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | 5 |
(3) In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C | |
Digital, the qualifying teletext service” there shall be substituted “following | |
services, namely, Channel 3 services, Channel 4, Channel 5, the public | |
television services of the Welsh Authority (within the meaning of Part 2 of | |
Schedule 12 to the Communications Act 2003), the digital public teletext | 10 |
service”. | |
Enforcement of licences held by BBC companies | |
99 In section 35 of the 1996 Act (enforcement of licences held by BBC | |
companies), for “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | 15 |
Interpretation of Part 1 | |
100 In section 39(1) (interpretation of Part 1)— | |
(a) after the definition of “digital programme service” there shall be | |
inserted— | |
“‘digital public teletext service’ has the same meaning as | 20 |
in Part 3 of the Communications Act 2003; | |
‘digital sound programme service’ has the same | |
meaning as in Part 2 of this Act; | |
‘general multiplex service’ has the same meaning as in | |
that Part;”. | 25 |
(b) for the definition of “public teletext provider” there shall be | |
substituted— | |
“‘public teletext provider’ means the person for the time | |
being licensed under Part 1 of the 1990 Act to provide | |
the public teletext service (within the meaning of Part | 30 |
3 of the Communications Act 2003);” | |
(c) for the definitions of “S4C” and “on S4C” and of “S4C Digital” and | |
“on S4C Digital” there shall be substituted— | |
“‘S4C’ and ‘S4C Digital’ each has the same meaning as | |
in Part 3 of the Communications Act 2003;”. | 35 |
(d) after the definition of “technical service” there shall be inserted— | |
“‘television multiplex service’ has the meaning given by | |
section 235 of the Communications Act 2003.” | |
Radio multiplex services | |
101 (1) Section 40 of the 1996 Act (radio multiplex services) shall be amended as | 40 |
follows. | |
(2) For subsections (1) to (3) there shall be substituted— | |
“(1) In this Part ‘radio multiplex service’ means a radio multiplex service | |
within the meaning of Part 3 of the Communications Act 2003.” | |
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(3) In subsection (4) (local and national multiplex services), the words | |
“provided on a frequency or frequencies assigned to the Authority under | |
section 45(1)” shall be omitted. | |
(4) In subsection (5), for “for general reception” there shall be substituted “so as | |
to be available for reception by members of the public”. | 5 |
(5) For subsection (8) of that section there shall be substituted— | |
“(8) In this section— | |
‘available for reception by members of the public’ shall be | |
construed in accordance with section 347 of the | |
Communications Act 2003; | 10 |
‘broadcast’ means broadcast otherwise than from a satellite.” | |
Licences under Part 2 of the 1996 Act | |
102 (1) Section 42 of the 1996 Act (licences under Part 2) shall be amended as | |
follows. | |
(2) In subsection (1), for “the Radio Authority (in this Part referred to as ‘the | 15 |
Authority’)” there shall be substituted “OFCOM”. | |
(3) In subsections (2), (5) and (6), for “The Authority” and “the Authority”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
(4) For subsection (3) (variation of licences) there shall be substituted— | |
“(3) OFCOM may vary a licence by a notice served on the licence holder. | 20 |
(3A) OFCOM shall not vary— | |
(a) the period for which a licence having effect for a specified | |
period is to continue in force, or | |
(b) increase the total amount of digital capacity specified in a | |
national radio multiplex licence for the purposes of section | 25 |
48(1A), | |
unless the licence holder consents. | |
(3B) OFCOM shall not make any other variation of a licence unless the | |
licence holder has been given a reasonable opportunity of making | |
representations to OFCOM about the variation.” | 30 |
(5) In subsection (4) (exceptions from power to vary licences), for “Paragraph (a) | |
of subsection (3)” there shall be substituted “Paragraph (a) of subsection | |
(3A)”. | |
(6) For subsection (7) there shall be substituted— | |
“(7) The holding of a licence by a person shall not relieve him— | 35 |
(a) of any liability in respect of a failure to hold a licence under | |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) of 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 | 40 |
communications services).” | |
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General licence conditions | |
103 (1) Section 43 of the 1996 Act (general licence conditions) shall be amended as | |
follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | 5 |
(3) In subsection (1) (conditions may include conditions to give effect to duties | |
imposed by or under 1990 Act or 1996 Act)— | |
(a) in paragraph (a), for “the 1990 Act or this Act” there shall be | |
substituted “this Act, the 1990 Act or the Communications Act 2003”; | |
and | 10 |
(b) in paragraph (d), after “this Act” there shall be inserted “, the 1990 | |
Act or the Communications Act 2003”. | |
(4) In subsection (3) (fixing of fees), for the words from “regard as necessary” | |
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 | 15 |
(obligation to conduct affairs so as to be able to meet their obligations and | |
carry out their functions).” | |
Restrictions on holding licences | |
104 (1) Section 44 of the 1996 Act (restrictions on the holding of licences) shall be | |
amended as follows. | 20 |
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (2) (incidental requirements to provide information), after | |
paragraph (d) there shall be inserted— | |
“(da) impose conditions in a licence requiring the licence holder, if | 25 |
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 | |
affecting— | |
(i) shareholdings in the body; or | 30 |
(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 | |
they may reasonably require for determining— | |
(i) whether the licence holder is a disqualified person in | 35 |
relation to that licence by virtue of Part 2 of Schedule | |
2 to the 1990 Act; or | |
(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;”. | 40 |
(4) In subsection (6)— | |
(a) in paragraph (a), for “complained of” there shall be substituted | |
“constituting their grounds for revoking the licence”; and | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” | |
there shall be substituted “the requirements imposed by or under | 45 |
Schedule 14 to the Communications Act 2003”. | |
(5) In subsection (7)— | |
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(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) In subsection (8), for the words from “a failure” to the end of paragraph (c) | |
there shall be substituted “a disqualification under Part 2 of Schedule 2 to the | 5 |
1990 Act or a contravention of a requirement imposed by or under Schedule | |
14 to the Communications Act 2003,”. | |
National radio multiplex licences | |
105 (1) Section 46 of the 1996 Act (national radio multiplex licences) shall be | |
amended as follows. | 10 |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (1)(d), for “a direction” there shall be substituted “a condition”. | |
Award of national radio multiplex licences | |
106 In section 47 of the 1996 Act (award of national radio multiplex licences), for | 15 |
“the Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Reservation of capacity for independent national broadcasters | |
107 (1) Section 48 of the 1996 Act (reservation of digital capacity for independent | |
broadcasters) shall be amended as follows. | |
(2) For subsections (1) to (3) there shall be substituted— | 20 |
“(1A) OFCOM must ensure that the conditions included in national radio | |
multiplex licences (taken together) secure that an amount of digital | |
capacity on the multiplex frequencies is reserved for every | |
independent national broadcaster for the broadcasting of a simulcast | |
radio service provided by that broadcaster. | 25 |
(1B) Where the conditions of a licence for a national radio multiplex | |
service reserve capacity on the frequency made available for that | |
service for the broadcasting of a simulcast radio service provided by | |
an independent national broadcaster, those conditions must also | |
include the condition specified in subsection (1C). | 30 |
(1C) That condition is the condition that OFCOM consider appropriate | |
for securing that, in consideration of the making by the independent | |
national broadcaster of the payments which — | |
(a) are agreed from time to time between him and the licence | |
holder, or | 35 |
(b) in default of agreement, are determined under this section, | |
the licence holder uses, for the broadcasting of a simulcast radio | |
service provided by that broadcaster, such of the reserved digital | |
capacity as may be requested, from time to time, by that broadcaster. | |
(1C) Where conditions are included under this section in a national radio | 40 |
multiplex licence reserving capacity for an independent national | |
broadcaster, OFCOM may include conditions relating to the | |
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