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“(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 | 5 |
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)” | 10 |
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. | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
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 | 40 |
services licences) shall be amended as follows. | |
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(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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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 | 35 |
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 | 40 |
Act;”. | |
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(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 | 5 |
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 | 10 |
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)”; | 15 |
(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. | 20 |
(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”. | 25 |
(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”. | 35 |
(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 | 40 |
amounts paid for earlier financial years. | |
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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)”. | 5 |
(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.” | 15 |
(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)— | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
(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 | 40 |
282(4) of the Communications Act 2003”. | |
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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 | 5 |
“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, | 10 |
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 | 20 |
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. | 25 |
(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 | 40 |
be substituted “under Part 1 of this Act or Part 1 of the Broadcasting | |
Act 1996, means a person”; and | |
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(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”, | 5 |
(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 | 15 |
(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)— | 20 |
(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 | 25 |
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”. | 35 |
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”. | 40 |
(3) For “Committee”, wherever occurring, there shall be substituted “Service”. | |
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(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— | 10 |
“(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— | 15 |
“(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.” | 20 |
(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 | 25 |
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; | 30 |
(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 | 35 |
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. | 40 |
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