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Communications Bill


Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    443

 

          (4)      In paragraph (b) of that subsection, after “maintain that service” there shall

be inserted “and any proposed simulcast radio service corresponding to that

service”.

Award of national licences

  41       In section 100 of the 1990 Act (award of national licences to person

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submitting highest cash bid), for “the Authority” and “The Authority”,

wherever occurring, there shall be substituted “OFCOM”.

Failure to begin providing licensed service

  42      (1)      Section 101 of the 1990 Act (failure to begin providing licensed service) shall

be amended as follows.

10

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

“OFCOM”.

          (3)      In subsection (1)—

              (a)             in paragraph (a) for “the service in question” there shall be

substituted “the licensed national service or that he does not intend

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to provide a corresponding simulcast radio service that he is

required to provide by a condition imposed under section 100A”;

and

              (b)             in paragraph (b), for “that service” there shall be substituted “the

licensed national service or any such simulcast radio service”.

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          (4)      In subsection (2), for “the service in question” there shall be substituted “the

licensed national service or the simulcast radio service”.

Additional payments in respect of national licences

  43       In section 102 of the 1990 Act (additional payments in respect of national

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

25

“OFCOM”.

Restrictions affecting change in control of holder of national licence

  44      (1)      Section 103 of the 1990 Act (restrictions on change of control of national

licence) shall be amended as follows.

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

30

substituted “OFCOM”.

          (3)      In subsection (2) (interpretation), for the words from “as if” onwards there

shall be substituted “as it has effect for the purposes of that Schedule.”

Renewal of national licences

  45      (1)      Section 103A of the 1990 Act (renewal of national licences) shall be amended

35

as follows.

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

“OFCOM”.

          (3)      In subsection (1), for “eight” there shall be substituted “twelve”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    444

 

          (4)               In subsection (2), after “not later than” there shall be inserted “the day falling

three months before”.

          (5)      In subsection (3), paragraph (a) and in paragraph (b) the words “in any other

case” shall cease to have effect.

          (6)      In subsection (4), for paragraph (b) there shall be substituted—

5

                    “(b)                      the applicant gave notice to OFCOM, within the period of

one month beginning with the commencement of section 42

of the Broadcasting Act 1996, of his intention to provide a

simulcast radio service, and”.

          (7)      For subsection (7) there shall be substituted—

10

              “(7)                The amount determined under subsection (6)(b) must be equal to the

amount which, in OFCOM’s opinion, would have been the cash bid

of the licence holder were the licence (instead of being renewed) to

be granted for the period of the renewal on an application made in

accordance with section 98.

15

              (7A)                For the purposes of subsection (6)(c)—

                    (a)                   different percentages may be specified for different

accounting periods; and

                    (b)                   the percentages that may be specified for an accounting

period include a nil percentage.”

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          (8)      After subsection (10) there shall be inserted—

              “(10A)                In the case of a pre-transfer national licence (including one for a

period extended under section 248 of the Communications Act

2003)—

                    (a)                   the licence is not to be capable of being renewed under this

25

section if it has already been renewed under this section

before the radio transfer date; and

                    (b)                   on the renewal of the licence, it shall be the duty of OFCOM

to secure that the renewed licence contains only such

provision as would be included in a national licence granted

30

by OFCOM under this Part after the radio transfer date.”

          (9)      After subsection (11) there shall be inserted—

              “(12)                A determination for the purposes of subsection (11)—

                    (a)                   must be made at least one year before the date determined;

and

35

                    (b)                   must be notified by OFCOM to the person who holds the

licence in question.”

Applications for local licences

  46      (1)      Section 104 of the 1990 Act (application for local licences) shall be amended

as follows.

40

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

substituted “OFCOM”.

          (3)      In subsection (6), for the words from the beginning to “shall be made” there

shall be substituted “An application for a licence to provide a restricted

service shall be made”.

45

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    445

 

Renewal of local licences

  47      (1)      Section 104A of the 1990 Act (renewal of local licences) shall be amended as

follows.

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

substituted “OFCOM”.

5

          (3)      In subsection (1), for “eight” there shall be substituted “twelve”.

          (4)               In subsection (3), after “not later than” there shall be inserted “the day falling

three months before”.

          (5)      After subsection (12) there shall be inserted—

              “(12A)                In the case of a pre-transfer local licence (including one for a period

10

extended under section 248 of the Communications Act 2003)—

                    (a)                   the licence is not to be capable of being renewed under this

section if it has already been renewed under this section

before the radio transfer date; and

                    (b)                   on the renewal of the licence, it shall be the duty of OFCOM

15

to secure that the renewed licence contains only such

provision as would be included in a local licence granted by

OFCOM under this Part after the radio transfer date.”

          (6)      In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall

be substituted “paragraph 8(2) of Schedule 14 to the Communications Act

20

2003”.

          (7)      After subsection (13) there shall be inserted—

              “(14)                A determination for the purposes of subsection (13)(c)—

                    (a)                   must be made at least one year before the date determined;

and

25

                    (b)                   must be notified by OFCOM to the person who holds the

licence in question.”

Special procedure for applications for local licences

  48      (1)      Section 104B of the 1990 Act (special procedure for applications for local

licences) shall be amended as follows.

30

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

“OFCOM”.

          (3)      After subsection (1) there shall be inserted—

              “(1A)                In subsection (1)(c) the reference to the service in question, in relation

to a case in which it is a pre-transfer local licence that is due to expire,

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is a reference to the equivalent local service for which a licence is

capable of being granted at times on or after the radio transfer date.”

Special requirements relating to grant of local licences

  49      (1)      Section 105 of the 1990 Act (special requirements relating to grant of local

licences) shall be amended as follows.

40

          (2)      For “the Authority” there shall be substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    446

 

          (3)      For paragraph (d) (duty to have regard to the extent to which proposed

service supported by persons living in the area) there shall be substituted—

                    “(d)                      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.”

5

Requirements as to character and coverage of services

  50       In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements

as to character and coverage of services), for “the Authority”, wherever

occurring, there shall be substituted “OFCOM”.

Enforcement of licences

10

  51       In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the

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

substituted “OFCOM”.

Power to suspend licences to provide radio licensable content services from a satellite

  52      (1)      Section 111B of the 1990 Act (power to suspend licence to provide satellite

15

service) shall be amended as follows.

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

“OFCOM”.

          (3)      In subsection (1)—

              (a)             in paragraph (a), for “satellite service” there shall be substituted

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“radio licensable content service”;

              (b)             in paragraph (b), for the words from “included in the licence” to the

end of the paragraph there shall be substituted “which in compliance

with section 256 of the Communications Act 2003 is included in the

licence for the purpose of securing the objective mentioned in section

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309(2)(b) of that Act, and”.

Additional radio services

  53      (1)      Section 114 of the 1990 Act (additional radio services) shall be amended as

follows.

          (2)      In subsection (1)—

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              (a)             for “telecommunication” there shall be substituted “electronic”; and

              (b)             for paragraphs (a) and (b) there shall be substituted “on a relevant

frequency”.

          (3)      In subsection (2), for paragraphs (a) and (b) there shall be substituted “any

part of the signals which—

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                    (a)                      is not required for the purposes of the sound broadcasting

service for the purposes of which the frequency has been

made available; and

                    (b)                      is determined by OFCOM to be available for the provision of

additional services;”.

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          (4)      After that subsection there shall be inserted—

 

 

 
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