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(2) The obligations arising under conditions imposed in accordance with sections | |
283 to 285 are subject to the rights of appeal conferred by that Schedule. | |
Special obligations for Channel 4 | |
287 Involvement of C4 Corporation in programme-making | |
(1) The regulatory regime for Channel 4 includes a condition requiring C4C not to | 5 |
be involved, except to such extent as OFCOM may allow, in the making of | |
programmes to be broadcast on Channel 4. | |
(2) In this section “programme” does not include an advertisement. | |
288 Schools programmes on Channel 4 | |
(1) The regulatory regime for Channel 4 includes the conditions that OFCOM | 10 |
consider appropriate for securing that what appears to them to be a suitable | |
proportion of the programmes which are included in Channel 4 are schools | |
programmes. | |
(2) A licence under the 1990 Act to provide Channel 4 may also include conditions | |
authorised by the following provisions of this section. | 15 |
(3) The conditions authorised by this section include conditions requiring C4C— | |
(a) to finance the production of schools programmes; and | |
(b) to acquire schools programmes provided by other persons. | |
(4) The conditions authorised by this section include conditions requiring C4C to | |
ensure that schools programmes on Channel 4— | 20 |
(a) are of high quality; and | |
(b) are suitable to meet the needs of schools throughout the United | |
Kingdom. | |
(5) The conditions authorised by this section include conditions specifying the | |
minimum number of hours in term time, or within normal school hours, that | 25 |
are to be allocated to the broadcasting of schools programmes on Channel 4. | |
(6) The conditions authorised by this section include conditions requiring C4C to | |
provide such material for use in connection with the schools programmes | |
broadcast by them as may be necessary to secure that effective use is made of | |
those programmes in schools. | 30 |
(7) The conditions authorised by this section include conditions requiring C4C | |
from time to time to consult such persons who— | |
(a) are concerned with schools or with the production of schools | |
programmes, or | |
(b) have an interest in schools or in the production of schools programmes, | 35 |
as OFCOM think fit. | |
(8) Before imposing a condition under this section, OFCOM must consult C4C. | |
(9) The requirement to consult is satisfied, in the case of the imposition of a | |
condition by way of a variation of a licence, by compliance with section 3(4)(b) | |
of the 1990 Act (obligation to give opportunity to make representations about | 40 |
variation). | |
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(10) In determining for the purposes of subsection (1) what proportion of the | |
programmes included in Channel 4 should be schools programmes, OFCOM | |
must take into account services, facilities and materials which C4C provide to | |
schools, or make available for schools, otherwise than by the inclusion of | |
programmes in Channel 4. | 5 |
(11) Section 34 of the 1990 Act (requirement as to schools programmes in relation to | |
all licensed public service channels taken together) shall cease to have effect. | |
(12) In this section “schools programmes” means programmes which are intended | |
for use in schools. | |
289 Channel 4 contribution towards national television archive | 10 |
(1) Section 185 of the 1990 Act (contributions towards maintenance of the national | |
television archive) shall be amended as follows. | |
(2) In subsections (1) and (3), after “Channel 3” there shall be inserted “, Channel | |
4”. | |
(3) In subsection (5), at the end there shall be inserted— | 15 |
“‘Channel 4 licence’ means— | |
(a) the licence referred to in section 226(1)(b) of the | |
Communications Act 2003; and | |
(b) a licence renewing that licence on the first or any | |
subsequent occasion.” | 20 |
(4) This section has effect in relation only to financial years beginning after the | |
television transfer date. | |
Special obligation for the public teletext provider | |
290 Conditions prohibiting interference with other services | |
The regulatory regime for the public teletext service includes the conditions | 25 |
that OFCOM consider appropriate for securing that the provision of so much | |
of the public teletext service as is provided in analogue form does not cause | |
interference with— | |
(a) the television broadcasting service or services on whose frequency or | |
frequencies it is provided; or | 30 |
(b) any other wireless telegraphy transmissions. | |
Sporting and other events of national interest | |
291 Categorisation of listed events | |
(1) For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there | |
shall be substituted— | 35 |
“(1) The Secretary of State may, for the purposes of this Part, maintain a list | |
of sporting and other events of national interest, and an event for the | |
time being included in the list is referred to in this Part as a ‘listed | |
event’. | |
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(1A) A list maintained under subsection (1) must be divided into two | |
categories, and those categories are referred to in this Part as ‘Group A’ | |
and ‘Group B’. | |
(1B) Each listed event must be allocated either to Group A or to Group B. | |
(2) Before drawing up such a list, or revising or ceasing to maintain it, the | 5 |
Secretary of State must consult— | |
(a) OFCOM, | |
(b) the BBC, | |
(c) the Welsh Authority, and | |
(d) in relation to a relevant event, the person from whom the rights | 10 |
to televise that event may be acquired. | |
(2A) For the purposes of subsection (2)(d), a relevant event is an event which | |
the Secretary of State proposes— | |
(a) to include in a list maintained under subsection (1), | |
(b) to omit from such a list, or | 15 |
(c) to move from one category in such a list to the other.” | |
(2) In subsection (3)(b) of that section, the words “by the Commission” and “by | |
them” shall be omitted. | |
(3) In subsection (5) of that section— | |
(a) for the words “addition of any relevant event to” there shall be | 20 |
substituted “inclusion of any event in”; and | |
(b) in paragraph (a), for “addition” there shall be substituted “inclusion”. | |
(4) After that subsection, there shall be inserted— | |
“(5A) The allocation or transfer of an event to group A does not affect the | |
validity of a contract entered into before the day on which the Secretary | 25 |
of State consulted the persons mentioned in subsection (2) in relation to | |
the proposed allocation or transfer. | |
(5B) The Secretary of State may direct that, for the transitional purposes set | |
out in the direction, the transfer of a Group B event to Group A is not | |
to affect the application to that event of provisions of this Part relating | 30 |
to a Group B event.” | |
292 Effects of categorisation of listed events | |
(1) In section 99(1) of the 1996 Act (avoidance of contracts for exclusive rights to | |
televise listed events), for “listed event” there shall be substituted “Group A | |
listed event”. | 35 |
(2) In section 101 of that Act (restriction on televising of listed events), for | |
subsection (1) there shall be substituted— | |
“(1) A television programme provider who— | |
(a) is providing a service (‘the first service’) falling within either | |
category, and | 40 |
(b) is providing it with a view to its being available (within the | |
meaning of Part 3 of the Communications Act 2003) for | |
reception by members of the public in the United Kingdom, or | |
in any area of the United Kingdom, | |
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must not include live coverage of a listed event in that service unless it | |
is authorised by subsection (1A), (1B) or (1C). | |
(1A) Live coverage of a listed event is authorised by this subsection if— | |
(a) a television programme provider (other than the provider of the | |
first service) has acquired the right to include live coverage of | 5 |
the event in his service (‘the second service’); and | |
(b) the second service— | |
(i) falls into a different category from the first service, and | |
(ii) is provided for an area that consists of or includes all or | |
almost all of the area for which the first service is | 10 |
provided. | |
(1B) Live coverage of a listed event is authorised by this subsection if | |
OFCOM have consented in advance to inclusion of that coverage in the | |
first service. | |
(1C) Live coverage of a listed event is authorised by this subsection if— | 15 |
(a) the listed event is a Group B event, | |
(b) rights to provide coverage of the event have been acquired by | |
one or more persons in addition to the provider of the first | |
service, | |
(c) that additional coverage constitutes adequate alternative | 20 |
coverage of the event, and | |
(d) the person or persons who have acquired rights to provide the | |
additional coverage satisfy the requirements in relation to that | |
coverage of any regulations made under section 104ZA for the | |
purposes of this paragraph. | 25 |
(1D) Subsections (1) to (1C) apply to the coverage of a part of a listed event | |
as they apply to the coverage of the whole of that event.” | |
(3) In subsection (2) of that section, for “under subsection (1)” there shall be | |
substituted “for the purposes of subsection (1B).” | |
(4) After subsection (4) of that section there shall be inserted— | 30 |
“(5) References in this section to a category of service are references to a | |
category of service set out in section 98(1).” | |
(5) In section 102(2) of that Act (penalties), for “under subsection (1) of section 101” | |
there shall be substituted “for the purposes of section 101(1B)”. | |
(6) In section 103(2) of that Act (reports to the Secretary of State), for “under | 35 |
subsection (1) of section 101” there shall be substituted “for the purposes of | |
section 101(1B)”. | |
293 Code relating to listed events | |
(1) For subsection (1) of section 104 of the 1996 Act (code in relation to listed | |
events) there shall be substituted— | 40 |
“(1) OFCOM shall draw up, and may from time to time revise, a code giving | |
guidance— | |
(a) as to the matters which they will take into account in | |
determining whether to give or to revoke their consent for the | |
purposes of section 101(1B) or section 101B(1); and | 45 |
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(b) as to the matters which they will take into account in | |
determining for the purposes of section 102(1) or 103(1), | |
whether in all the circumstances it is unreasonable to expect a | |
television programme provider to comply with section 101(1) or | |
section 101B(1).” | 5 |
(2) Where OFCOM are required to draw up a code by virtue of this section— | |
(a) they shall do so as soon as practicable after the commencement of this | |
section; but | |
(b) the code shall have no effect in relation to any time before the | |
commencement of section 292 of this Act. | 10 |
294 Regulations about coverage of listed events | |
(1) After section 104 of the 1996 Act there shall be inserted— | |
“104ZA Regulations about coverage of listed events | |
(1) OFCOM may make regulations for determining for the purposes of this | |
Part— | 15 |
(a) the circumstances in which the televising of listed events | |
generally, or of a particular listed event, is or is not to be treated | |
as live; | |
(b) what (whether generally or in relation to particular | |
circumstances) is to be taken to represent the provision of | 20 |
adequate alternative coverage; and | |
(c) the requirements that must be satisfied for the purposes of | |
section 101(1C)(d) by persons who have acquired rights to | |
provide adequate alternative coverage. | |
(2) The power conferred by subsection (1)(a) does not include power to | 25 |
define ‘live’ for the purposes of section 101B. | |
(3) Section 392 of the Communications Act 2003 (procedure for regulations | |
and orders made by OFCOM) applies to the power of OFCOM to make | |
regulations under this section.” | |
(2) In section 105(1) (interpretation of Part 4), before the definition of “Channel 4” | 30 |
there shall be inserted— | |
“‘adequate alternative coverage’ and ‘live’ are to be construed in | |
accordance with any regulations under section 104ZA;”. | |
Television services for the deaf and visually impaired | |
295 Code relating to provision for the deaf and visually impaired | 35 |
(1) It shall be the duty of OFCOM to draw up, and from time to time to review and | |
revise, a code giving guidance as to— | |
(a) the extent to which the services to which this section applies should | |
promote the understanding and enjoyment by— | |
(i) persons who are deaf or hard of hearing, and | 40 |
(ii) persons who are blind or partially-sighted, | |
of the programmes to be included in such services, and | |
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(b) the means by which such understanding and enjoyment should be | |
promoted. | |
(2) The code must require that, as from the tenth anniversary of the relevant date, | |
the obligations in subsection (3) must be satisfied— | |
(a) by reference to weekly figures calculated using the average over a | 5 |
twelve-month period beginning after that anniversary; and | |
(b) irrespective of the twelve month period beginning after that date that is | |
taken as the basis for making the calculation. | |
(3) Those obligations are— | |
(a) that at least 90 per cent. in every week of so much of a Channel 3 service | 10 |
or of Channel 4 as consists of programmes that are not excluded | |
programmes must be accompanied by subtitling; | |
(b) that at least 80 per cent. in every week of so much of every other service | |
to which this section applies as consists of programmes that are not | |
excluded programmes must be accompanied by subtitling; | 15 |
(c) that at least 10 per cent. in every week of so much of every service to | |
which this section applies as consists of programmes that are not | |
excluded programmes must be accompanied by audio-description for | |
the blind; and | |
(d) that at least 5 per cent. in every week of so much of every service to | 20 |
which this section applies as consists of programmes that are not | |
excluded programmes must be presented in, or translated into, sign | |
language. | |
(4) A reference in any paragraph of subsection (3) to excluded programmes is a | |
reference to programmes of the description for the time being set out under | 25 |
subsection (5) in relation to that paragraph and also in relation to the service in | |
question. | |
(5) The code must set out, in relation to each of the paragraphs of subsection (3), | |
the descriptions of programmes that OFCOM consider should be excluded | |
programmes for the purposes of the requirement contained in that paragraph. | 30 |
(6) In complying with subsection (5), OFCOM must have regard, in particular, | |
to— | |
(a) the extent of the benefit which would be conferred by the provision of | |
assistance for disabled people in relation to the programmes; | |
(b) the size of the intended audience for the programmes; | 35 |
(c) the number of persons who would be likely to benefit from the | |
assistance and the extent of the likely benefit in each case; | |
(d) the extent to which members of the intended audience for the | |
programmes are resident in places outside the United Kingdom; | |
(e) the technical difficulty of providing the assistance; and | 40 |
(f) the cost, in the context of the matters mentioned in paragraphs (a) to (e), | |
of providing the assistance. | |
(7) The exclusions that may be set out in the code under subsection (5)— | |
(a) may include different descriptions of programmes in relation to | |
different services to which this section applies; and | 45 |
(b) in the case of a service which OFCOM are satisfied (having regard to | |
the matters mentioned in subsection (6)) is a special case, may include | |
all the programmes included in the service. | |
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(8) The requirements that may be imposed by the code include, in particular— | |
(a) requirements on persons providing services to which this section | |
applies to meet interim targets falling within subsection (9), by dates | |
falling before the anniversary mentioned in subsection (2); and | |
(b) requirements with respect to the provision of assistance for disabled | 5 |
people in relation to excluded programmes, or in relation to a particular | |
description of them. | |
(9) The interim targets mentioned in subsection (8)(a) are the targets with respect | |
to the provision of assistance for disabled people which OFCOM consider it | |
appropriate to impose as targets on the way to meeting the targets imposed in | 10 |
pursuance of subsection (2), or as targets to be met in addition to the targets so | |
imposed. | |
(10) This section applies to the following services— | |
(a) S4C Digital or any other television programme service provided by the | |
Welsh Authority for broadcasting in digital form so as to be available | 15 |
for reception by members of the public; | |
(b) any licensed public service channel; | |
(c) a digital television programme service but not an electronic | |
programme guide; | |
(d) a television licensable content service but not an electronic programme | 20 |
guide; | |
(e) a restricted television service; | |
(f) a qualifying service but not a teletext service. | |
(11) In this section— | |
“electronic programme guide” means a service which— | 25 |
(a) is or is included in a television licensable content service or a | |
digital television programme service; and | |
(b) consists of— | |
(i) the listing or promotion, or both the listing and the | |
promotion, of some or all of the programmes included in | 30 |
any one or more programme services the providers of | |
which are or include persons other than the provider of the | |
guide; and | |
(ii) a facility for obtaining access, in whole or in part, to the | |
programme service or services listed or promoted in the | 35 |
guide; | |
“programme” does not include an advertisement. | |
296 Procedure for issuing and revising code under s. 295 | |
(1) Before drawing up a code under section 295 or reviewing or revising it in | |
pursuance of that section, OFCOM must consult— | 40 |
(a) such persons appearing to them to represent the interests of persons | |
falling within subsection (1)(a)(i) or (ii) of that section as OFCOM think | |
fit; and | |
(b) such persons providing services to which that section applies as | |
OFCOM think fit. | 45 |
(2) OFCOM must publish the code drawn up under section 295, and every | |
revision of it, in such manner as, having regard to the need to make the code or | |
revision accessible to— | |
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