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(j) radio services and the production of programmes for inclusion in such | |
services; | |
(k) the availability during that period of facilities for the provision of | |
training in such skills. | |
(4) Every report under this section must set out OFCOM’s findings on their | 5 |
consideration of the matters mentioned in subsection (3). | |
(5) Every report prepared by OFCOM under this section must be published by | |
them— | |
(a) as soon as practicable after its preparation is complete; and | |
(b) in such manner as they consider appropriate. | 10 |
(6) OFCOM’s duties under this section are in addition to their duties under section | |
257. | |
Grants for access radio | |
349 Grants to access radio providers | |
(1) OFCOM may make such grants as they consider appropriate to the provider of | 15 |
any service of a description of service in relation to which provision is for the | |
time being in force under section 255. | |
(2) A grant made under this section may be made on such terms and conditions, | |
and shall become repayable to OFCOM in such circumstances, as may be | |
specified by OFCOM when making the grant. | 20 |
(3) A person is not— | |
(a) by reason of the making to him of a grant under this section, or | |
(b) by reason of any terms or conditions (including any provisions for | |
repayment) subject to which such a grant is or has been made to him, | |
to be a disqualified person by virtue of any provision of Schedule 2 to the 1990 | 25 |
Act in relation to an access radio licence. | |
(4) In subsection (3) “access radio licence” means a licence under Part 3 of the 1990 | |
Act, or under Part 2 of the 1996 Act, which is granted in accordance with any | |
provision made by an order under section 255 of this Act. | |
Supplemental provisions of Part 3 | 30 |
350 Amendments of the 1990 and 1996 Acts | |
(1) In section 201 of the 1990 Act (programme services), in subsection (1)— | |
(a) for paragraphs (a) to (bb) there shall be substituted— | |
“(aa) any service which is a programme service within the | |
meaning of the Communications Act 2003;” | 35 |
(b) in paragraph (c), for “a telecommunication system” there shall be | |
substituted “an electronic communications network (within the | |
meaning of the Communications Act 2003)”. | |
(2) For subsection (2) of that section there shall be substituted— | |
“(2A) Subsection (1)(c) does not apply to so much of a service consisting only | 40 |
of sound programmes as— | |
| |
| |
|
| |
| |
(a) is a two way service (within the meaning of section 243(4) of the | |
Communications Act 2003); | |
(b) satisfies the conditions in section 243(5) of that Act; or | |
(c) is provided for the purpose only of being received by persons | |
who have qualified as users of the service by reason of being | 5 |
persons who fall within paragraph (a) or (b) of section 243(7) of | |
that Act. | |
(2B) Subsection (1)(c) does not apply to so much of a service not consisting | |
only of sound programmes as— | |
(a) is a two way service (within the meaning of section 228(5) of the | 10 |
Communications Act 2003); | |
(b) satisfies the conditions in section 228(6) of that Act; or | |
(c) is provided for the purpose only of being received by persons | |
who have qualified as users of the service by reason of being | |
persons who fall within paragraph (a) or (b) of section 228(8) of | 15 |
that Act.” | |
(3) Schedule 15 (which makes minor and consequential amendments of the 1990 | |
Act and the 1996 Act for purposes connected with the other provisions of this | |
Chapter) shall have effect. | |
351 Meaning of “available for reception by members of the public” | 20 |
(1) The services that are to be taken for the purposes of this Part to be available for | |
reception by members of the public include (subject to subsection (2)) any | |
service which— | |
(a) is made available for reception, or is made available for reception in an | |
intelligible form, only to persons who subscribe to the service (whether | 25 |
for a period or in relation to a particular occasion) or who otherwise | |
request its provision; but | |
(b) is a service the facility of subscribing to which, or of otherwise | |
requesting its provision, is offered or made available to members of the | |
public. | 30 |
(2) A service is not to be treated as available for reception by members of the | |
public if each of the three conditions set out in subsections (3) to (5) is satisfied. | |
(3) The first condition is that the service is confined to the provision of a facility— | |
(a) for the making by users of the service of individual selections of the | |
material to be received; and | 35 |
(b) for receiving whatever is selected. | |
(4) The second condition is that it is only in response to a selection made by a user | |
of the service that anything (whether encrypted or not)— | |
(a) is broadcast from a satellite or by means of a multiplex service; or | |
(b) is otherwise transmitted by means of an electronic communications | 40 |
network. | |
(5) The third condition is that the individual selections that may be made do not | |
include any that are limited to electing to be one of the recipients of material | |
that is or has been offered for reception on the basis— | |
(a) that it is material selected by the provider of the service for the purpose | 45 |
of being made available for broadcasting or distribution | |
| |
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(a) simultaneously, or virtually so, to an audience consisting of users of the | |
service; and | |
(b) that it will be broadcast or distributed simultaneously, or virtually so, | |
to every member of the audience (if any) that consists of the users of the | |
service who have elected to receive it. | 5 |
(6) References in this section to members of the public are references to members | |
of the public in, or in any area of, any one or more countries or territories | |
(which may or may not include the United Kingdom). | |
(7) The Secretary of State may by order modify any of the provisions of this section | |
if it appears to him appropriate to do so having regard to any one or more of | 10 |
the following— | |
(a) the protection which, taking account of the means by which the | |
programmes and services are received or may be accessed, is expected | |
by members of the public as respects the contents of television | |
programmes or sound programmes; | 15 |
(b) the extent to which members of the public are able, before television | |
programmes are watched or accessed, to make use of facilities for | |
exercising control, by reference to the contents of the programmes, over | |
what is watched or accessed; | |
(c) the practicability of applying different levels of regulation in relation to | 20 |
different services; | |
(d) the financial impact for providers of particular services of any | |
modification of the provisions of that section; and | |
(e) technological developments that have occurred or are likely to occur. | |
(8) No order is to be made containing provision authorised by subsection (7) | 25 |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
(9) In this section “multiplex service” means a television multiplex service, a radio | |
multiplex service or a general multiplex service. | |
352 Interpretation of Part 3 | 30 |
(1) In this Part— | |
“additional radio service” (except in the expression “digital additional | |
sound service”) means an additional service within the meaning given | |
by section 114(1) of the 1990 Act for the purposes of Part 3 of that Act; | |
“additional television service” (except in the expression “digital | 35 |
additional television service”) means an additional service within the | |
meaning given by section 48 of the 1990 Act for the purposes of Part 1 | |
of the 1990 Act; | |
“analogue teletext service” is to be construed in accordance with section | |
213(4); | 40 |
“ancillary service” has the same meaning as it has, by virtue of section | |
24(2) of the 1996 Act, in Part 1 of that Act; | |
“assistance for disabled people” means any of the following— | |
(a) subtitling; | |
(b) audio-description for the blind and partially sighted; and | 45 |
(c) presentation in, or translation into, sign language; | |
“available for reception by members of the public” is to be construed in | |
accordance with section 351; | |
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“BBC company” means— | |
(a) a body corporate which is controlled by the BBC; or | |
(b) a body corporate in which the BBC or a body corporate | |
controlled by the BBC is (to any extent) a participant; | |
“C4 company” means— | 5 |
(a) a body corporate which is controlled by C4C; or | |
(b) a body corporate in which C4C or a body corporate controlled | |
by C4C is (to any extent) a participant; | |
“Channel 3”,“Channel 4” and “Channel 5” each has the same meaning as | |
in Part 1 of the 1990 Act (see section 71 of that Act); | 10 |
“a Channel 3 service” means a television broadcasting service comprised | |
in Channel 3; | |
“digital additional sound service” means a digital additional service | |
within the meaning given by section 63 of the 1996 Act for the purposes | |
of Part 2 of that Act; | 15 |
“digital additional television service” means a digital additional service | |
within the meaning given by section 24(1) of the 1996 Act for the | |
purposes of Part 1 of that Act; | |
“the digital public teletext service” means so much of the public teletext | |
service as consists of a service provided in digital form; | 20 |
“digital sound programme licence” and “digital sound programme | |
service” each has the same meaning as in Part 2 of the 1996 Act (see | |
sections 40 and 72 of that Act); | |
“digital television programme service” means a digital programme | |
service within the meaning given by section 1(4) of the 1996 Act for the | 25 |
purposes of Part 1 of that Act; | |
“EEA State” means the United Kingdom or any other State that is a | |
contracting party to the Agreement on the European Economic Area | |
signed at Oporto on 22nd May 1992, as adjusted by the Protocol signed | |
at Brussels on 17th March 1993, and “another EEA State” means an EEA | 30 |
State other than the United Kingdom; | |
“general multiplex service” means a multiplex service within the meaning | |
of section 170 which is neither a television multiplex service nor a radio | |
multiplex service; | |
“initial expiry date” has the meaning given by section 219; | 35 |
“licensed public service channel” means any of the following services | |
(whether provided for broadcasting in digital or in analogue form)— | |
(a) any Channel 3 service; | |
(b) Channel 4; | |
(c) Channel 5; | 40 |
“local digital sound programme licence” and “local digital sound | |
programme service” each has the same meaning as in Part 2 of the 1996 | |
Act (see sections 60 and 72 of that Act); | |
“local radio multiplex licence” and “local radio multiplex service” each | |
has the same meaning as in Part 2 of the 1996 Act (see sections 40 and | 45 |
72 of that Act); | |
“local sound broadcasting licence” means a licence under Part 3 of the | |
1990 Act to provide a local sound broadcasting service; | |
“local sound broadcasting service” means a sound broadcasting service | |
which, under subsection (4)(b) of section 240, is a local service for the | 50 |
purposes of that section; | |
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“the M25 area” means the area the outer boundary of which is represented | |
by the London Orbital Motorway (M25); | |
“national Channel 3 service” means a Channel 3 service provided between | |
particular times of the day for more than one area for which regional | |
Channel 3 services are provided; | 5 |
“national digital sound programme service” has the same meaning as in | |
Part 2 of the 1996 Act; | |
“national radio multiplex licence” and “national radio multiplex service” | |
each has the same meaning as in Part 2 of the 1996 Act (see sections 40 | |
and 72 of that Act); | 10 |
“networking arrangements” has the meaning given by section 282; | |
“OFCOM’s standards code” means any code or codes for the time being | |
in force containing standards set by OFCOM under section 309 | |
(whether originally or by way of any revision of any standards | |
previously so set); | 15 |
“provision”, in relation to a service, is to be construed (subject to | |
subsection (3)) in accordance with subsection (2), and cognate | |
expressions are to be construed accordingly; | |
“the public teletext provider” means— | |
(a) subject to paragraph (b), the person holding the licence under | 20 |
section 214 to provide the public teletext service; and | |
(b) in relation to a time before the grant of the first licence to be | |
granted under that section, the person holding the Broadcasting | |
Act licence to provide the existing service (within the meaning | |
of section 216); | 25 |
“the public teletext service” means the service the provision of which is | |
required to be secured in accordance with section 213; | |
“qualifying service” has the same meaning as in Part 1 of the 1996 Act (see | |
section 2(2) of that Act); | |
“radio licensable content service” has the meaning given by section 242; | 30 |
“radio multiplex service” has the same meaning as (by virtue of section | |
253 of this Act) it has in Part 2 of the 1996 Act; | |
“radio programme service” means any of the following— | |
(a) a service the provision of which is licensed under Part 3 of the | |
1990 Act; | 35 |
(b) a digital sound programme service the provision of which is | |
licensed under Part 2 of the 1996 Act; | |
(c) a digital additional sound service the provision of which is | |
licensed under section 64 of the 1996 Act; | |
“regional Channel 3 licence” means a licence under Part 1 of the 1990 Act | 40 |
to provide a regional Channel 3 service; | |
“regional Channel 3 service” means a Channel 3 service provided for a | |
particular area determined under section 14(2) of the 1990 Act; | |
“restricted television service” means any restricted service within the | |
meaning given by section 42A of the 1990 Act for the purposes of Part | 45 |
1 of that Act; | |
“S4C” and “S4C Digital” means the services so described in section 199(3); | |
“S4C company” means— | |
(a) a body corporate which is controlled by the Welsh Authority; or | |
(b) a body corporate in which that Authority or a body corporate | 50 |
controlled by that Authority is (to any extent) a participant; | |
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| |
“simulcast radio service” means any simulcast radio service within the | |
meaning given by section 41(2) of the 1996 Act for the purposes of Part | |
2 of that Act; | |
“sound broadcasting service” has the same meaning as in Part 3 of the | |
1990 Act (see section 126 of that Act); | 5 |
“standards objectives” has the meaning given by section 309(2); | |
“subtitling” means subtitling for the deaf or hard of hearing, whether | |
provided by means of a teletext service or otherwise; | |
“television broadcasting service” means (subject to subsection (4)) a | |
service which— | 10 |
(a) consists in a service of television programmes provided with a | |
view to its being broadcast (whether in digital or in analogue | |
form); | |
(b) is provided so as to be available for reception by members of the | |
public; and | 15 |
(c) is not— | |
(i) a restricted television service; | |
(ii) a television multiplex service; | |
(iii) a service provided under the authority of a licence under | |
Part 1 of the 1990 Act to provide a television licensable | 20 |
content service; or | |
(iv) a service provided under the authority of a licence under | |
Part 1 of the 1996 Act to provide a digital television | |
programme service; | |
“television licensable content service” has the meaning given by section | 25 |
227 of this Act; | |
“television multiplex service” has meaning given by section 236(1) of this | |
Act to a multiplex service within the meaning of Part 1 of the 1996 Act; | |
“television programme service” means any of the following— | |
(a) a television broadcasting service; | 30 |
(b) a television licensable content service; | |
(c) a digital television programme service; | |
(d) a restricted television service; | |
“the Television without Frontiers Directive” means Council Directive 89/ | |
552/EEC on the Co-ordination of certain provisions laid down by law, | 35 |
regulation or administrative action in member States concerning the | |
pursuit of television broadcasting activities, together with any | |
modifications of that Directive by Directive 97/36/EC of the European | |
Parliament and the Council; | |
“text service” means any teletext service or other service in the case of | 40 |
which the visual images broadcast or distributed by means of the | |
service consist wholly or mainly of non-representational images. | |
(2) In the case of any of the following services— | |
(a) a television broadcasting service or sound broadcasting service, | |
(b) the public teletext service; | 45 |
(c) a television licensable content service or radio licensable content | |
service, | |
(d) a digital television programme service or digital sound programme | |
service, | |
(e) a restricted television service, or | 50 |
| |
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|
| |
| |
(f) an additional television service or additional radio service, | |
the person, and the only person, who is to be treated for the purposes of this | |
Part as providing the service is the person with general control over which | |
programmes and other services are comprised in the service (whether or not he | |
has control of the content of individual programmes or of the broadcasting or | 5 |
distribution of the service). | |
(3) For the purposes of this Part— | |
(a) the provision of a service by the BBC does not include its provision by | |
a BBC company; | |
(b) the provision of a service by C4C does not include its provision by a C4 | 10 |
company; | |
(c) the provision of a service by the Welsh Authority does not include its | |
provision by an S4C company; | |
and, accordingly, control that is or is capable of being exercised by the BBC, | |
C4C or the Welsh Authority over decisions by a BBC company, C4 company or | 15 |
S4C company about what is to be comprised in a service shall be disregarded | |
for the purposes of subsection (2). | |
(4) References in this Part to a television broadcasting service do not include | |
references to any text service. | |
(5) References in this Part to imposing a charge on a person in respect of his | 20 |
reception of a service in, or in a part of, the United Kingdom include references | |
to imposing charges— | |
(a) for his use of the service at a place in the United Kingdom or in that part | |
of it; | |
(b) for an entitlement of his to receive it at such place; | 25 |
(c) for the use of a facility by means of which he exercises such an | |
entitlement; or | |
(d) for the service’s being made available for reception by him at such a | |
place. | |
(6) In subsection (1) “controlled” and “participant” each has the same meaning as | 30 |
in Schedule 2 to the 1990 Act. | |
(7) In this section “non-representational images” means visual images which are | |
neither still pictures nor comprised within sequences of visual images capable | |
of being seen as moving pictures. | |
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