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they shall serve a notice on him revoking his licence. | |
(4) If OFCOM are satisfied in the case of a licence to provide a television licensable | |
content service— | |
(a) that the holder of the licence has ceased to provide the licensed service, | |
and | 5 |
(b) that it is appropriate for them to do so, | |
they shall serve a notice on him revoking his licence. | |
(5) If OFCOM are satisfied— | |
(a) that the holder of a licence to provide a television licensable content | |
service has provided them, in connection with his application for the | 10 |
licence, with information which was false in a material particular, or | |
(b) that, in connection with his application for the licence, the holder of | |
such a licence withheld any material information with the intention of | |
causing them to be misled, | |
they may serve a notice on him revoking his licence. | 15 |
(6) A notice under this section revoking a licence to provide a television licensable | |
content service takes effect as from the time when it is served on the licence | |
holder. | |
(7) OFCOM are not to serve a notice on a person under this section unless they | |
have given him a reasonable opportunity of making representations to them | 20 |
about the matters in respect of which it is served. | |
(8) Where OFCOM— | |
(a) serve a notice on a BBC company under this section, or | |
(b) receive representations from a BBC company by virtue of subsection | |
(7), | 25 |
they must send a copy of the notice or representations to the Secretary of State. | |
(9) Nothing in this section applies to the revocation of a licence in exercise of the | |
power conferred by section 234. | |
234 Action against licence holders who incite crime or disorder | |
(1) OFCOM must serve a notice under subsection (2) on the holder of a licence to | 30 |
provide a television licensable content service if they are satisfied— | |
(a) that the holder of the licence has included in the service one or more | |
programmes containing material likely to encourage or to incite the | |
commission of crime, or to lead to disorder; | |
(b) that, in doing so, he has contravened conditions contained by virtue of | 35 |
Chapter 4 of this Part in the licence to provide that service; and | |
(c) that the contravention is such as to justify the revocation of the licence. | |
(2) A notice under this subsection must— | |
(a) state that OFCOM are satisfied as mentioned in subsection (1); | |
(b) specify the respects in which, in their opinion, the licence holder has | 40 |
contravened the condition mentioned in paragraph (b) of that | |
subsection; | |
(c) state that OFCOM may revoke the licence after the end of the period of | |
twenty-one days beginning with the day on which the notice is served | |
on the licence holder; and | 45 |
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(d) inform the licence holder of his right to make representations to | |
OFCOM within that period about the matters appearing to OFCOM to | |
provide grounds for revoking the licence. | |
(3) The effect of a notice under subsection (2) shall be to suspend the licence as | |
from the time when the notice is served on the licence holder until either— | 5 |
(a) the revocation of the licence takes effect; or | |
(b) OFCOM decide not to revoke the licence. | |
(4) If, after considering any representations made to them by the licence holder | |
within the period specified for the purposes of subsection (2)(c), OFCOM are | |
satisfied that it is necessary in the public interest to revoke the licence, they | 10 |
shall serve a notice of revocation on the licence holder. | |
(5) The revocation of a licence by a notice under subsection (4) takes effect from | |
such time as may be specified in the notice. | |
(6) A notice of revocation under subsection (4) must not specify a time for it to take | |
effect that falls before the end of the period of twenty-eight days beginning | 15 |
with the day on which the notice is served on the licence holder. | |
235 Abolition of separate licences for certain television services | |
(1) The authorisations that are to be capable of being granted on or after the | |
television transfer date by or under a licence under Part 1 of the 1990 Act do | |
not include the authorisation of the provision, as such, of— | 20 |
(a) any satellite television service (as defined, disregarding its repeal by | |
this Act, in section 43(1) of the 1990 Act); or | |
(b) any licensable programme service (as defined, disregarding its repeal | |
by this Act, in section 46(1) of that Act). | |
(2) Subsection (1) does not affect OFCOM’s power, by means of a licence | 25 |
authorising the provision of a service falling within section 206(1), to authorise | |
the provision of so much of any formerly regulated television service as is | |
comprised in the licensed service. | |
(3) So much of any relevant existing licence as authorises the provision of a service | |
which consists in or includes a television licensable content service— | 30 |
(a) shall have effect, on and after the television transfer date, as a licence | |
under Part 1 of the 1990 Act authorising the provision of the television | |
licensable content service comprised in the licensed service; | |
(b) shall so have effect as a licence which, notwithstanding its terms and | |
conditions, is to continue in force until such time as it is surrendered or | 35 |
is revoked in accordance with provisions of this Chapter or of the 1990 | |
Act; and | |
(c) shall otherwise have effect as a licence on the same terms and | |
conditions as those on which it had effect immediately before the | |
television transfer date. | 40 |
(4) It shall be the duty of OFCOM to exercise their power under section 3 of the | |
1990 Act to make such variations of any licence having effect in accordance | |
with subsection (3) of this section as (after complying with subsection (4)(b) of | |
that section) they consider appropriate for the purpose of performing their | |
duty under section 256 of this Act. | 45 |
(5) In this section— | |
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“formerly regulated television service” means a service mentioned in | |
subsection (1); and | |
“relevant existing licence”, means any licence which— | |
(a) was granted by the Independent Television Commission under | |
Part 1 of the 1990 Act before the television transfer date; and | 5 |
(b) is in force immediately before the television transfer date as a | |
licence authorising the provision of a formerly regulated | |
service. | |
Television multiplex services | |
236 Television multiplex services | 10 |
(1) Subject to the following provisions of this section, references in Part 1 of the | |
1996 Act to a multiplex service, other than those comprised in express | |
references to a general multiplex service, shall have effect as references to any | |
service (“a television multiplex service”) which— | |
(a) falls within subsection (2); | 15 |
(b) is provided for broadcasting for general reception but otherwise than | |
from a satellite. | |
(2) A service falls within this subsection if— | |
(a) it consists in the packaging together of two or more services which | |
include at least one relevant television service and are provided for | 20 |
inclusion together in the service by a combination of the relevant | |
information in digital form; or | |
(b) it is a service provided with a view to its being a service falling within | |
paragraph (a) but is one in the case of which only one service is for the | |
time being comprised in digital form in what is provided. | 25 |
(3) The provision, at a time after the commencement of this section, of a television | |
multiplex service the provision of which is not authorised by or under a licence | |
under Part 1 of the 1996 Act is not to be an offence under section 13 of the 1990 | |
Act. | |
(4) Accordingly, after the commencement of this section, a licence under Part 1 of | 30 |
the 1996 Act shall be required for the provision of a television multiplex service | |
only in so far as it is required for the purposes of a limitation falling within | |
subsection (5) that is contained in a wireless telegraphy licence, or is deemed | |
to be so contained. | |
(5) A limitation falls within this subsection, in relation to a wireless telegraphy | 35 |
licence, if it provides that the only television multiplex services that are | |
authorised to be broadcast using the station or apparatus to which the licence | |
relates are those that are licensed under Part 1 of the 1996 Act. | |
(6) Where immediately before the coming into force of this section— | |
(a) a television multiplex service is licensed under Part 1 of the 1996 Act; | 40 |
and | |
(b) that service is one broadcast using a station or apparatus the use of | |
which is authorised by a wireless telegraphy licence, | |
that wireless telegraphy licence shall be deemed to contain a limitation falling | |
within subsection (5). | 45 |
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(7) In any case where a wireless telegraphy licence is deemed by virtue of | |
subsection (6) to contain a limitation falling within subsection (5) and the | |
person providing the television multiplex service in question— | |
(a) ceases to be licensed under Part 1 of the 1996 Act in respect of that | |
service, or | 5 |
(b) ceases to exist, | |
OFCOM may revoke the wireless telegraphy licence. | |
(8) Subsection (7) is not to be construed as restricting the powers of revocation | |
exercisable apart from this section. | |
(9) In subsection (2) “relevant television service” means any of the following— | 10 |
(a) any Channel 3 service in digital form; | |
(b) Channel 4 in digital form; | |
(c) Channel 5 in digital form; | |
(d) S4C Digital; | |
(e) any digital television programme service; | 15 |
(f) the digital public teletext service. | |
237 Composition of services in television multiplexes | |
(1) In subsection (1) of section 12 of the 1996 Act— | |
(a) in paragraph (c), (digital programmes services included in multiplex | |
must be provided by a licence holder or EEA broadcaster), after | 20 |
“section 18” there shall be inserted “, by the BBC”; | |
(b) in paragraph (d), (digital additional services included in multiplex | |
must be provided by a licence holder or EEA broadcaster), after | |
“section 25” there shall be inserted “, by the BBC”; | |
(c) after that paragraph there shall be inserted— | 25 |
“(da) that the only digital sound programme services | |
broadcast under the licence are services provided by the | |
holder of a national digital sound programme licence | |
(within the meaning of section 60) or by the BBC;” | |
(d) in paragraph (e), after “digital programme services” there shall be | 30 |
inserted “, digital sound programme services”; | |
(e) in paragraph (f), after “digital programme service” there shall be | |
inserted “, a digital sound programme service”; and | |
(f) for paragraph (h) (conditions as to composition of multiplex service), | |
there shall be substituted— | 35 |
“(h) that, while the licence is in force, at least the required | |
percentage of the digital capacity on the frequency or | |
frequencies on which the service is broadcast is used, or | |
left available to be used, for the broadcasting of services | |
falling within subsection (1A).” | 40 |
(2) After that subsection there shall be inserted— | |
“(1A) The services falling within this subsection are— | |
(a) qualifying services; | |
(b) digital programme services licensed under this Part or | |
provided by the BBC; | 45 |
(c) digital sound programme services provided by the BBC; | |
(d) programme-related services; and | |
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(e) relevant technical services.” | |
(3) In subsection (3) of that section— | |
(a) after the words “digital programme services”, in the first place where | |
they occur, there shall be inserted “or digital sound programme | |
services”; and | 5 |
(b) for “digital programme services broadcast under the licence” there | |
shall be substituted “so much of what is broadcast under the licence as | |
consists of digital programme services, or of such services together | |
with digital sound programme services,”. | |
(4) In subsection (4) of that section (interpretation of subsection (1)(h))— | 10 |
(a) for “(1)(h)” there shall be substituted “(1A)”; | |
(b) in paragraph (a), for “the qualifying teletext service” there shall be | |
substituted “the digital public teletext service”; | |
(c) in paragraph (b)(i), after “the 1990 Act)” there shall be inserted “, or in | |
one or more digital sound programme services provided by the BBC,” | 15 |
(d) in paragraph (c), for “digital programme services” there shall be | |
substituted “services falling within subsection (1A) which are | |
comprised in the multiplex in question”. | |
(5) After that subsection there shall be inserted— | |
“(4A) In subsection (1)(h), the reference to the required percentage is a | 20 |
reference to such percentage equal to or more than 90 per cent. as | |
OFCOM— | |
(a) consider appropriate; and | |
(b) specify in the condition.” | |
(6) In subsection (5) of that section (power to change percentage in subsection | 25 |
(1)(h)), for “(1)(h)” there shall be substituted “(4A)”. | |
238 Powers where frequencies reserved for qualifying services | |
(1) The Secretary of State may by order provide, in relation to the matters | |
mentioned in subsection (2)— | |
(a) for any or all of the provisions of sections 7 to 16 and of sections 18 and | 30 |
19 of the 1996 Act to have effect with the modifications specified in the | |
order; and | |
(b) for provision made by the order to have effect in place of any or all of | |
those provisions. | |
(2) Those matters are— | 35 |
(a) licences under Part 1 of the 1996 Act, and | |
(b) the awarding and grant of such licences, | |
in a case in which the licence is, or is to be, a licence to provide a service for | |
broadcasting on any one or more reserved frequencies. | |
(3) An order under this section may require OFCOM to include conditions falling | 40 |
within subsection (4) in any Broadcasting Act licence to provide a television | |
multiplex service to be broadcast on a reserved frequency. | |
(4) Conditions falling within this subsection are conditions that OFCOM consider | |
appropriate for securing that, in consideration for the making by any relevant | |
public service broadcaster of such payments as are from time to time— | 45 |
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(a) agreed between the broadcaster and the holder of the licence to provide | |
the television multiplex service, or | |
(b) in default of agreement, determined by OFCOM in accordance with the | |
order, | |
the holder of that licence will use digital capacity reserved in accordance with | 5 |
conditions imposed under section 12 of the 1996 Act or any order under this | |
section for the broadcasting of services provided by that broadcaster. | |
(5) Subsection (3) is not to be construed as restricting the provision that may be | |
made under subsection (1). | |
(6) A frequency is a reserved frequency for the purposes of this section if it is one | 10 |
as respects which OFCOM have made a determination, in exercise of their | |
functions under the enactments relating to the management of the radio | |
spectrum, that the frequency should be reserved for the broadcasting of | |
television multiplex services. | |
(7) In this section “relevant public service broadcaster” means any of the | 15 |
following— | |
(a) the holder of a licence to provide a Channel 3 service; | |
(b) C4C; | |
(c) the holder of a licence to provide Channel 5; | |
(d) the Welsh Authority; | 20 |
(e) the public teletext provider. | |
Local digital television services | |
239 Local digital television services | |
(1) The Secretary of State may by order provide for— | |
(a) any of the provisions of this Part (apart from this section and the | 25 |
provisions relating exclusively to sound services), or | |
(b) any provision of Part 1 of the 1990 Act or of Part 1 of the 1996 Act | |
(regulation of television services), | |
to have effect, in relation to services of such descriptions as may be set out in | |
an order under this section, with such modifications as he considers necessary | 30 |
or appropriate for services of that description. | |
(2) The Secretary of State is not to make an order under this section in relation to | |
a description of services except where— | |
(a) the description is of services to be provided in digital form with a view | |
to their being included in a television multiplex service; | 35 |
(b) the description is confined to services falling within one or both of | |
subsections (3) and (4); and | |
(c) the Secretary of State is satisfied that the making of an order under this | |
section in relation to that description of services will make possible, | |
facilitate or encourage the provision of services so falling. | 40 |
(3) Services fall within this subsection if they are— | |
(a) intended for reception only at a particular establishment or otherwise | |
on particular premises; or | |
(b) provided for the purposes only of a particular event. | |
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(4) Services fall within this subsection if the Secretary of State considers that they | |
are services in relation to which all the following conditions are satisfied— | |
(a) they are intended for reception only within a particular area or locality; | |
(b) their provision meets, or would meet, the needs of the area or locality | |
where they are received; | 5 |
(c) their provision is or would be likely to broaden the range of television | |
programmes available for viewing by persons living or working in that | |
area or locality; and | |
(d) their provision is or or would be likely to increase the number and | |
range of the programmes about that area or locality that are available | 10 |
for such viewing, or to increase the number of programmes made in | |
that area or locality that would be so available. | |
(5) Services shall be taken for the purposes of subsection (4) to meet the needs of | |
an area or locality if, and only if— | |
(a) their provision brings social or economic benefits to the area or locality, | 15 |
or to different categories of persons living or working in that area or | |
locality; or | |
(b) they cater for the tastes, interests and needs of some or all of the | |
different descriptions of people living or working in the area or locality | |
(including, in particular, tastes, interests and needs that are of special | 20 |
relevance in the light of the descriptions of people who do so live and | |
work). | |
(6) In subsections (4) and (5), the references to persons living or working in an area | |
or locality include references to persons undergoing education or training in | |
that area or locality. | 25 |
(7) An order under this section in relation to a description of services may, in | |
particular, impose prohibitions or limitations on the inclusion of | |
advertisements in services of that description and on the sponsorship of | |
programmes included in the services. | |
(8) The power, by an order under this section, to make incidental, supplemental or | 30 |
consequential provision in connection with provision authorised by subsection | |
(1) includes power to make incidental, supplemental or consequential | |
provision modifying provisions of the 1990 Act, the 1996 Act or this Act that | |
are not mentioned in that subsection. | |
(9) No order is to be made containing provision authorised by this section unless | 35 |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
Chapter 3 | |
Regulatory Structure for Independent Radio Services | |
Preliminary | 40 |
240 Regulation of independent radio services | |
(1) It shall be a function of OFCOM to regulate the following services in | |
accordance with this Act, the 1990 Act and the 1996 Act— | |
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