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Communications Bill


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

    447

 

              “(2A)                At any time while an additional services licence is in force, OFCOM

may, if they consider it appropriate to do so, modify or further

modify the determination made for the purposes of that licence

under subsection (2)(b); and where there has been such a

modification or further modification, the licence shall have effect

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accordingly.

              (2B)                A modification or further modification under subsection (2A) must

not reduce the amount of spare capacity made available for the

licensed services”

          (5)      In subsection (3), for the words from the beginning to “subsection (2)(a)”

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there shall be substituted “OFCOM shall, when determining under

subsection (2)”.

          (6)      For subsection (6) there shall be substituted—

              “(6)                In this section ‘electronic signal’ means a signal within the meaning

of section 28 of the Communications Act 2003.

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              (7)                In this section and section 115 ‘relevant frequency’ means a

frequency made available by OFCOM for the purposes of a sound

broadcasting service.”

          (7)      This paragraph does not affect the validity of a licence granted or last

renewed before the radio transfer date, or the services licensed by any such

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licence.

Licensing of additional radio services

  54      (1)      Section 115 of the 1990 Act (licensing of additional radio services) 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 (1), for the words from “of the following” to “114(1)(b)” there

shall be substituted “relevant frequency”.

          (4)      In subsection (8), for “local, restricted or satellite service” there shall be

substituted “local or restricted service or to provide a radio licensable

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content service”.

Applications for additional radio services licences

  55      (1)      Section 116 of the 1990 Act (applications for additional radio 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 (1)(b)(iii), the words “(subject to the approval of the Secretary

of State)” shall be omitted.

Procedure for awarding additional radio services licences

  56      (1)      Section 117 of the 1990 Act (procedure for awarding additional radio

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services licences) shall be amended as follows.

 

 

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

    448

 

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

“OFCOM”.

          (3)      In subsection (1), for paragraph (a) (requirement of approval of technical

plans) there shall be substituted—

                    “(a)                      that the technical plan submitted under section 116(3)(b), in

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so far as it involves the use of an electronic communications

network (within the meaning of the Communications Act

2003), contains proposals that are acceptable to them; and”.

          (4)      Subsections (2) and (7) shall cease to have effect.

Additional payments in respect of additional radio services licences

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  57       In section 118 of the 1990 Act (additional payments in respect of additional

radio services licences), for “the Authority”, wherever occurring, there shall

be substituted “OFCOM”.

Additional radio services not to interfere with other transmissions

  58      (1)      Section 119 of the 1990 Act (additional radio services not to interfere with

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other transmissions) shall be amended as follows.

          (2)      In subsection (1), for “the Authority” there shall be substituted “OFCOM”.

          (3)      Subsection (2) shall cease to have effect.

Enforcement of additional radio services licences

  59       In section 120 of the 1990 Act (enforcement of additional radio services

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licences), for “the Authority” and “The Authority”, wherever occurring,

there shall be substituted “OFCOM”.

Interpretation

  60       In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3)—

              (a)             for the definition of “independent radio service” there shall be

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substituted—

                                                   “‘independent radio service’ means a service falling to

be regulated under section 240 of the

Communications Act 2003;”

              (b)             for the definitions of “local service”, “national service”, “restricted

30

service” and “satellite service” there shall be substituted—

                                                   “‘local service’, ‘national service’ and ‘restricted

service’ each has the same meaning as in section 240

of the Communications Act 2003;

                                                   ‘pre-transfer local licence’ and ‘pre-transfer national

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licence’ each has the same meaning as in section 248

of that Act;

                                                   ‘radio licensable content service’ has the same meaning

as in Part 3 of that Act;

                                                   ‘radio transfer date’ has the same meaning as in that

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Act;”.

 

 

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

    449

 

              (c)             in the definition of “sound broadcasting service” for the words from

“(as defined” to the end there shall be substituted “(within the

meaning of Part 3 of the Communications Act 2003);”.

Duty to provide advance information about programmes

  61       In column 1 of the Table in section 176(7) of the 1990 Act (persons who are

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the providers of services for the purposes of the obligations to give advance

information about programmes)—

              (a)             for “regulation by the Independent Television Commission” there

shall be substituted “regulation by OFCOM”;

              (b)             for “The television broadcasting service provided by the Welsh

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Authority and the service referred to in section 57(1A)(a)” there shall

be substituted “The public television services of the Welsh Authority

(within the meaning of Part 2 of Schedule 12 to the Communications

Act 2003)”; and

              (c)             for “section 84(2)(a)(i)” there shall be substituted “section 126(1)”;

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              (d)             for “the Radio Authority”, in both places, there shall be substituted

“OFCOM”.

Proscription of foreign satellite services

  62      (1)      Section 177 of the 1990 Act (proscription of foreign satellite stations) shall be

amended as follows.

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          (2)      In subsection (2), for “the Independent Television Commission or the Radio

Authority consider that the quality of any relevant” there shall be

substituted “OFCOM consider that the quality of any”.

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

be substituted “OFCOM”.

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          (4)      In subsection (6), the definition of “relevant foreign satellite service” shall be

omitted.

Financing of Gaelic Broadcasting

  63      (1)      Section 183 of the 1990 Act (financing of Gaelic Broadcasting) shall be

amended as follows.

30

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

“OFCOM”.

          (3)      In subsection (2), for “by them under this section to be” there shall be

substituted “by the Independent Television Commission under this section

and”.

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          (4)      This paragraph—

              (a)              so far as it relates to subsection (1) of section 183 has effect in relation

only to financial years beginning after the television transfer date;

and

              (b)             so far as it relates to subsection (2) of that section does not apply to

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amounts paid for earlier financial years.

 

 

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

    450

 

Gaelic Broadcasting in Scotland

  64      (1)      Section 184 of the 1990 Act (broadcasting of programmes in Gaelic on

Channel 3 in Scotland) shall be amended as follows.

          (2)      In subsection (1), for the words “subsection (2)” there shall be substituted

“subsection (1)(a)”.

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          (3)      In subsection (3), for the words from “The conditions” to “the purpose of”

there shall be substituted “The regulatory regime for a service to which this

section applies includes the conditions that OFCOM consider appropriate

for”.

          (4)      After that subsection there shall be inserted—

10

              “(3A)                Section 256 of the Communications Act 2003 (regulatory regime)

applies in relation to conditions included by virtue of subsection (3)

in the regulatory regime for a licensed service as it applies in relation

to conditions which are so included by virtue of a provision of

Chapter 4 of Part 3 of that Act.”

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          (5)      In subsection (4)(b), for “the Commission” there shall be substituted

“OFCOM”.

Maintenance of the national television archive

  65      (1)      In section 185 of the 1990 Act (maintenance of the national television

archive)—

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              (a)             for “The Commission” and “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

              (b)             in subsection (5), the definition of “the Commission” shall be

omitted.

          (2)      This paragraph so far as it relates to subsection (1) of that section has effect

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in relation only to financial years beginning after the television transfer date.

Modification of networking arrangements

  66      (1)      Section 193 of the 1990 Act (modification of networking arrangements in

consequence of competition legislation) shall be amended as follows.

          (2)      In subsection (1), for the words from “the Office of Fair Trading” to “relevant

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authority’)” there shall be substituted “the relevant authority”.

          (3)      After subsection (2) there shall be inserted—

              “(2A)                In subsection (1), ‘relevant authority’ means—

                    (a)                   in relation to a relevant order falling within subsection (2)(a),

the Office of Fair Trading, the Competition Commission or

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(as the case may be) the Secretary of State;

                    (b)                   in relation to a relevant order falling within subsection (2)(b),

the Office of Fair Trading, the Competition Commission, the

Secretary of State or (as the case may be) OFCOM.”

          (4)      In subsection (4), for “section 39(1) above” there shall be substituted “section

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282(4) of the Communications Act 2003”.

 

 

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

    451

 

Search warrants

  67      (1)      Section 196 of the 1990 Act (grant of search warrant to person authorised by

the Independent Television Commission or the Radio Authority) shall be

amended as follows.

          (2)      In subsection (1), for “the relevant authority” there shall be substituted

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“OFCOM”.

          (3)      Subsection (2) (definition of “relevant authority”) shall be omitted.

Notices

  68       In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a)

and (b) there shall be substituted “by OFCOM under section 21, 41, 42, 55,

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103, 109, 110, 111 or 120”.

Interpretation

  69      (1)      Section 202 of the 1990 Act (general interpretation) shall be amended as

follows.

          (2)      In subsection (1), after the definition of “modifications” there shall be

15

inserted—

                                      “‘OFCOM’ means the Office of Communications;”.

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

              “(6A)                Subsections (2) and (3) of section 352 of the Communications Act

2003 (persons by whom services provided) are to apply for the

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purposes of this Act as they apply for the purposes of Part 3 of that

Act.”

Disqualified persons

  70      (1)      Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be

amended as follows.

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          (2)      In paragraph 1(1) of Part 1, after the definition of “associate” there shall be

inserted—

                       “‘Broadcasting Act licence’ means a licence under Part 1 or

3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;”.

          (3)      In Part 2 (disqualified persons), for “a licence granted by the Commission or

30

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

Broadcasting Act licence”.

          (4)      In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within

paragraphs (a) to (g)), for “(a)” there shall be substituted “(c)”.

          (5)      In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted

35

“under Part 3 of this Act or Part 2 of the Broadcasting Act 1996”.

          (6)      In paragraph 4(1) of Part 2, for “that body” there shall be substituted

“OFCOM”.

          (7)      In paragraph 4(2) of Part 2—

              (a)             in paragraph (a), for “by the Commission, means a body” there shall

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be substituted “under Part 1 of this Act or Part 1 of the Broadcasting

Act 1996, means a person”; and

 

 

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

    452

 

              (b)             in paragraph (b), for “by the Authority, means a body” there shall be

substituted “under Part 3 of this Act or Part 2 of the Broadcasting Act

1996, means a person”.

          (8)      In paragraph 5A of Part 2—

              (a)             in sub-paragraph (1)(a), the words “granted by the Commission”,

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              (b)             sub-paragraph (1)(b) and the word “and” immediately preceding it,

              (c)             in sub-paragraph (2), the words “granted by the Authority”,

                   shall be omitted.

C4C

  71      (1)      Schedule 3 to the 1990 Act (provision about constitution and management of

10

C4C) shall be amended as follows.

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

“OFCOM”.

          (3)      In paragraph 2(1) (persons disqualified from membership of the

Corporation), for paragraphs (b) to (d) there shall be substituted “or

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                      (b)                        a member or employee of OFCOM.”

The Welsh Authority

  72      (1)      Schedule 6 to the 1990 Act (provision about constitution and management of

the Welsh Authority) shall be amended as follows.

          (2)      In paragraph 2 (persons disqualified from membership of the Authority)—

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              (a)             sub-paragraph (1) shall be omitted; and

              (b)             in sub-paragraph (2)(b), for “the Commission” there shall be

substituted “OFCOM”.

          (3)      In paragraph 12(1A), for the words from “the general fund” onwards there

shall be substituted “the assets of the Authority that are not comprised in

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that fund; and accordingly, the statement must deal with liabilities

separately according to whether they fall to be met from that fund or from

those assets.”

Computation of qualifying revenue

  73      (1)      Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be

30

amended as follows.

          (2)      In Part 1, for “the Commission” and “The Commission”, wherever occurring,

there shall be substituted “OFCOM”.

          (3)      In Part 2, for “the Authority” and “The Authority”, wherever occurring,

there shall be substituted “OFCOM”.

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The Gaelic Television Committee

  74      (1)      Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended

as follows.

          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

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          (3)      For “Committee”, wherever occurring, there shall be substituted “Service”.

 

 

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

    453

 

          (4)      In paragraph 8(c), the words “and (where the expenses relate to the

Commission’s functions in connection with sound programmes) the Radio

Authority” shall be omitted.

          (5)      In paragraph 11(4), the words “or the Radio Authority” and “or (as the case

may be) the Authority” shall be omitted.

5

Part 2

Amendments of the 1996 Act

Multiplex services and digital programme services

  75      (1)      Section 1 of the 1996 Act (interpretation) shall be amended as follows.

          (2)      For subsection (1) there shall be substituted—

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              “(1)                In this Part ‘multiplex service’ means (except where the context

otherwise requires) a television multiplex service.”

          (3)      In subsection (4), for “for general reception” there shall be substituted “so as

to be available for reception by members of the public”.

          (4)      For subsection (4A) there shall be substituted—

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              “(4A)                In subsection (4), ‘available for reception by members of the public’

means available for reception by members of the public (within the

meaning of Part 3 of the Communications Act 2003) in the United

Kingdom or another EEA State, or in an area of the United Kingdom

or of such a State.”

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          (5)      For subsection (7) of that section there shall be substituted—

              “(7)                In this section ‘broadcast’ means broadcast otherwise than from a

satellite.”

Meaning of qualifying service

  76       In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for

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subsections (2) to (6) there shall be substituted—

              “(2)                In this Part ‘qualifying service’ means any of the following, so far as

they are provided with a view to their being broadcast in digital

form—

                    (a)                   a television broadcasting service included in Channel 3;

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                    (b)                   Channel 4;

                    (c)                   Channel 5;

                    (d)                   S4C Digital;

                    (e)                   a television programme service provided by the Welsh

Authority with the approval of the Secretary of State under

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section 200 of the Communications Act 2003;

                    (f)                   the digital public teletext service.”

Licences under Part 1

  77      (1)      Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended

as follows.

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