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Communications Bill


Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    452

 

              broadcasting of the simulcast radio service in the licence for the

national service provided by that broadcaster.”

          (3)      In subsections (4) to (6), for “the Authority”, wherever occurring, there shall

be substituted “OFCOM”.

          (4)      In subsection (4), for “subsection (3)(a)” there shall be substituted

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“subsection (1C)”.

          (5)      After subsection (6) there shall be inserted—

              “(7)                In this section ‘the multiplex frequencies’ means the frequencies

made available for the purposes of licensed national radio multiplex

services.”

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Reservation of digital capacity for BBC

  108     (1)      Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be

amended as follows.

          (2)      In subsections (1) to (3) and (6), for “the Authority”, wherever occurring,

there shall be substituted “OFCOM”.

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          (3)      In subsection (4) (determination of capacity to be reserved), for the words

from “If the BBC” to “the Secretary of State, who may” there shall be

substituted “If the BBC do not give their consent to the proposals within

such period as OFCOM may specify in their notice under subsection (3),

OFCOM shall”.

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          (4)      In subsection (5), for words from “the Secretary of State” onwards there shall

be substituted “OFCOM shall give the BBC an opportunity of making

representations to them about their proposals.”

          (5)      In subsection (6), after “and the BBC” there shall be inserted “or (in default

of agreement) determined under this section”.

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          (6)      After that subsection there shall be inserted—

              “(7)                Where the holder of the licence and the BBC fail to agree—

                    (a)                   the payments to be made under a condition included in the

licence in accordance with subsection (6), or

                    (b)                   the other terms that are to apply in relation to the use of

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digital capacity in accordance with such a condition,

                              either of them may refer the matter to OFCOM for determination.

              (8)                Before making a determination under subsection (7), OFCOM must

give the licence holder and the BBC an opportunity of making

representations to them about the matter.

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              (9)                In making any determination under subsection (7), OFCOM shall

have regard to—

                    (a)                   the expenses incurred, or likely to be incurred, by the licence

holder in providing the local radio multiplex service in

question, and

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                    (b)                   the terms on which persons providing local radio multiplex

services contract with persons providing local digital

additional services for the broadcasting of those services.”

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    453

 

Local radio multiplex licences

  109     (1)      Section 50 of the 1996 Act (local radio multiplex licences) shall be amended

as follows.

          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

substituted “OFCOM”.

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          (3)      In subsection (1)(b), for “the Secretary of State has” there shall be substituted

“OFCOM have”.

          (4)      In subsection (2)(d), for “direction under section 49” substitute

“determination under section 49(4)”.

Award of local multiplex licences

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  110     (1)      Section 51 of the 1996 Act (award of local multiplex licences) shall be

amended as follows.

          (2)      For “the Authority”, wherever occurring, there shall be substituted

“OFCOM”.

          (3)      In subsection (2), for paragraph (f) there shall be substituted—

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                    “(f)                      the extent to which there is evidence that, amongst persons

living in that area or locality, there is a demand for, or

support for, the provision of the proposed service; and”.

Power to require two or more local radio multiplex licences to be granted to one person

  111      In section 52 of the 1996 Act (power to require two or more local radio

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multiplex licences to be granted to one person), for “The Authority” and “the

Authority” there shall be substituted “OFCOM”.

Failure to begin to provide licensed service

  112      In section 53 of the 1996 Act (failure to provide licensed service), for “the

Authority”, wherever occurring, there shall be substituted “OFCOM”.

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Conditions which may be attached to radio multiplex licences

  113      In section 54 of the 1996 Act (conditions which may be attached to a radio

multiplex licence), For “the Authority”, wherever occurring, there shall be

substituted “OFCOM”.

Additional payments to be made in respect of national radio multiplex licences

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  114      In section 55 of the 1996 Act (additional payments to be made in respect of

national radio multiplex licences) for “the Authority”, wherever occurring,

there shall be substituted “OFCOM”.

Multiplex revenue

  115      In subsections (7) and (8) of section 56 of the 1996 Act (computation of

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multiplex revenue), for “the Authority”, wherever occurring, there shall be

substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    454

 

Attribution of radio multiplex revenue

  116      In section 57 of the 1996 Act (attribution of radio multiplex revenue), for “the

Authority”, wherever occurring, there shall be substituted “OFCOM”.

Duration and renewal of radio multiplex licences

  117     (1)      Section 58 of the 1996 Act (duration and renewal of radio multiplex licences)

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shall be amended as follows.

          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

substituted “OFCOM”.

          (3)      Subsection (5) (consent of the Secretary of State for exercise of certain powers

in connection with renewal) shall cease to have effect.

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Enforcement of radio multiplex licences

  118      In section 59 of the 1996 Act (enforcement of radio multiplex licences), for

“the Authority” and “The Authority”, wherever occurring, there shall be

substituted “OFCOM”.

Digital sound programme licensing

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  119     (1)      Section 60 of the 1996 Act (digital sound programme licensing) shall be

amended as follows.

          (2)      For “the Authority”, wherever occurring, there shall be substituted

“OFCOM”.

          (3)      After subsection (6), there shall be inserted—

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              “(6A)                Section 89 of the 1990 Act (disqualification from being licence holder

or concerned with the provision of a programme service if convicted

of a transmitting offence) shall apply in relation to a licence under

this section as it applies to a licence under Part 3 of that Act, but with

the omission of paragraph (b) of subsection (3) of that section and of

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the word ‘or’ immediately before that paragraph.”

          (4)      Sub-paragraph (3) does not impose a disqualification in respect of any

offence committed before the commencement of that sub-paragraph.

Conditions of digital sound programme licences

  120     (1)      Section 61 of the 1996 Act (conditions of licences for digital sound

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programme services) shall be amended as follows.

          (2)      In subsection (2)—

              (a)             for “the Authority”, wherever occurring, there shall be substituted

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a radio multiplex

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licence”, there shall be substituted, in each case, “the provider of a

radio multiplex service, of a television multiplex service or of a

general multiplex service”;

              (c)             in paragraph (a) for “by means of a radio multiplex service” there

shall be substituted “by means of the multiplex service”; and

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Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    455

 

              (d)             in paragraph (a)(i) for “radio multiplex service” there shall be

substituted “multiplex service”.

Enforcement of digital sound programme licences

  121     (1)      Section 62 of the 1996 Act (enforcement of digital sound programme

licences) shall be amended as follows.

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          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

substituted “OFCOM”.

          (3)      In subsection (10) for “apology” there shall be substituted “statement of

findings”.

Digital additional sound services

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  122      In section 64 of the 1996 Act (licensing of digital additional sound services),

for “the Authority”, wherever occurring, there shall be substituted

“OFCOM”.

Conditions of digital additional sound service

  123     (1)      Section 65 of the 1996 Act (conditions of licences for digital additional sound

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services) shall be amended as follows.

          (2)      In subsection (2)—

              (a)             for “the Authority”, wherever occurring, there shall be substituted

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a radio multiplex

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licence”, there shall be substituted, in each case, “the provider of a

radio multiplex service or of a general multiplex service”;

              (c)             in paragraph (a) for “by means of a radio multiplex service” there

shall be substituted “by means of the multiplex service”; and

              (d)             in paragraph (a)(i) for “radio multiplex service” there shall be

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substituted “multiplex service”.

Enforcement of digital additional sound services licences

  124     (1)      Section 66 of the 1996 Act (enforcement of digital additional services

licences) shall be amended as follows.

          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

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substituted “OFCOM”.

          (3)      In subsection (10) for “apology” there shall be substituted “statement of

findings”.

Review of digital radio broadcasting

  125      In section 67 of the 1996 Act (review of digital radio broadcasting), for “the

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Authority”, wherever occurring, there shall be substituted “OFCOM”.

Interpretation

  126      In section 72(1) of the 1996 Act (interpretation), for the definition of “radio

multiplex service” there shall be substituted—

 

 

 
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