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(2) In subsection (1), for “the Independent Television Commission (in this Part | |
referred to as the ‘the Commission’)” there shall be substituted “OFCOM”. | |
(3) In subsections (3) to (7), for “The Commission” and “the Commission”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
(4) For subsection (8) there shall be substituted— | 5 |
“(8) The holding by a person of a licence under this Part shall not relieve | |
him of— | |
(a) any liability in respect of a failure to hold a licence under | |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) any obligation to comply with requirements imposed by or | 10 |
under Chapter 1 of Part 2 of the Communications Act 2003 | |
(electronic communications networks and electronic | |
communications services).” | |
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Licence conditions | 15 |
78 (1) Section 4 of the 1996 Act (general licence conditions) shall be amended as | |
follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this | 20 |
Act” there shall be substituted “this Act, the 1990 Act or the | |
Communications Act 2003”. | |
(4) In subsection (3) (fixing fees), for the words from “regard as necessary” | |
onwards there shall be substituted “regard as necessary for the purposes of | |
paragraph 8(1) of the Schedule to the Office of Communications Act 2002 | 25 |
(obligation to conduct affairs so as to be able to meet their obligations and | |
carry out their functions).” | |
Restrictions on digital licence holding | |
79 (1) Section 5 of the 1996 Act (restrictions on holding licences) shall be amended | |
as follows. | 30 |
(2) For “The Commission” and “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (2) (incidental requirements to provide information), after | |
paragraph (d) there shall be inserted— | |
“(da) impose conditions in a licence requiring the licence holder, if | 35 |
a body corporate, to give OFCOM notice, after they have | |
occurred and irrespective of whether proposals for them | |
have fallen to be notified, of changes, transactions or events | |
affecting— | |
(i) shareholdings in the body; or | 40 |
(ii) the directors of the body; | |
(db) impose conditions in a licence enabling OFCOM to require | |
the licence holder to provide them with such information as | |
they may reasonably require for determining— | |
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(i) whether the licence holder is a disqualified person in | |
relation to that licence by virtue of Part 2 of Schedule | |
2 to the 1990 Act; or | |
(ii) whether any such requirements as are mentioned in | |
subsection (1)(b) have been and are being complied | 5 |
with by or in relation to the licence holder;”. | |
(4) In subsection (6)— | |
(a) in paragraph (a), for “complained of” there shall be substituted | |
“constituting their grounds for revoking the licence”. | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” | 10 |
there shall be substituted “the requirements imposed by or under | |
Schedule 14 to the Communications Act 2003”. | |
(5) In subsection (7)— | |
(a) paragraph (a) shall cease to have effect; and | |
(b) in paragraph (b), for “Part IV of that Schedule” there shall be | 15 |
substituted “Part 1 of Schedule 14 to the Communications Act 2003”. | |
(6) In subsection (8), for the words from “a failure” to the end of paragraph (c) | |
there shall be substituted “a disqualification under Part 2 of Schedule 2 to the | |
1990 Act or a contravention of a requirement imposed by or under Schedule | |
14 to the Communications Act 2003,”. | 20 |
Multiplex licences | |
80 (1) Section 7 of the 1996 Act (multiplex licences) shall be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (4)— | 25 |
(a) after paragraph (c) there shall be inserted— | |
“(ca) the applicant’s proposals as to the number (if any) of | |
digital sound programmes services which are to be | |
broadcast, as to the characteristics of each of those | |
services and as to the areas in which they would be | 30 |
provided;” | |
(b) in paragraph (d) for “those services” there shall be substituted “the | |
services mentioned in paragraphs (c) and (ca)”. | |
Award of multiplex licences | |
81 (1) Section 8 of the 1996 Act (award of multiplex licences) shall be amended as | 35 |
follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (2)(f), after “digital programme service” there shall be inserted | |
“, digital sound programme service”. | 40 |
Power to require two or more multiplex licences to be granted to one person | |
82 In section 9 of the 1996 Act (grant of two or more multiplex licences to one | |
person), for “The Commission” and “the Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
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Award of multiplex licences subject to conditions | |
83 (1) Section 10 of the 1996 Act (award of multiplex licences subject to conditions) | |
shall be amended as follows. | |
(2) For “The Commission” and “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 5 |
(3) In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted | |
“this Act, the 1990 Act or Part 3 of the Communications Act 2003”. | |
Failure to provide licensed service and revocation | |
84 In section 11 of the 1996 Act (failure to provide licensed service and | |
revocation), for “the Commission”, wherever occurring, there shall be | 10 |
substituted “OFCOM”. | |
Conditions attached to multiplex licences | |
85 In section 12 of the 1996 Act (conditions attached to multiplex licences), for | |
“the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | 15 |
Additional payments in respect of multiplex licences | |
86 In section 13 of the 1996 Act (additional payments in respect of multiplex | |
licences), for “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Multiplex revenue | 20 |
87 (1) Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows. | |
(2) In subsection (1)— | |
(a) for “section 13(1)” there shall be substituted “this Part”; | |
(b) for “the holder of a multiplex licence” there shall be substituted “the | |
person who is the multiplex provider in relation to any television | 25 |
multiplex service or any general multiplex service”; | |
(c) in paragraph (a), for “the multiplex service to which the licence | |
relates” there shall be substituted “the relevant multiplex”; | |
(d) in paragraph (b) for “of any qualifying service by means of the | |
multiplex service” there shall be substituted “by means of the | 30 |
multiplex service of any service which is a qualifying service or | |
which (without being a qualifying service) is provided by the BBC”; | |
(e) in paragraphs (c) and (d), for “the holder of the multiplex licence” | |
and “the multiplex service”, in each place where they occur there | |
shall be substituted, respectively, “the multiplex provider” and “the | 35 |
relevant multiplex” | |
(3) In subsections (2) to (8)— | |
(a) for the words “the holder of the multiplex licence” and “the licence | |
holder”, wherever occurring, there shall be substituted, in each case, | |
“the multiplex provider”; and | 40 |
(b) for “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
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(4) In subsection (9)— | |
(a) after the definition of “additional services provider” there shall be | |
inserted— | |
“‘multiplex provider’— | |
(a) in relation to a television multiplex service for | 5 |
which a person holds a licence under this Part, | |
means the licence holder; and | |
(b) in relation to a television multiplex service | |
which is not licensed under this Part or a | |
general multiplex service, means the person | 10 |
who provides that service;” | |
(b) after the definition of “programme provider” there shall be | |
inserted— | |
“‘the relevant multiplex’— | |
(a) in relation to a multiplex provider falling | 15 |
within paragraph (a) of the definition of that | |
expression, means the television multiplex | |
service to which his licence relates; and | |
(b) in relation to any other multiplex provider, | |
means the television multiplex service or | 20 |
general multiplex service which is provided | |
by him; | |
and this section and section 15 shall have effect as if | |
references in this section to digital programme services | |
included references to digital sound programme services and | 25 |
references to digital additional services included references | |
to digital additional services within the meaning of Part 2.” | |
Attribution of multiplex revenue to multiplex providers | |
88 (1) Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder) | |
shall be amended as follows. | 30 |
(2) In subsection (1)— | |
(a) for “the holder of a multiplex licence” there shall be substituted “the | |
person who is the multiplex provider in relation to any television | |
multiplex service”; | |
(b) for “of multiplex services in that period,” there shall be substituted | 35 |
“in that period of television multiplex services,”; | |
(c) for “the holder of the multiplex licence” there shall be substituted, | |
“the multiplex provider”. | |
(3) In subsection (2)— | |
(a) for “a multiplex service” there shall be substituted “a television | 40 |
multiplex service or a general multiplex service”; | |
(b) for “the holder of the multiplex licence”, wherever occurring, there | |
shall be substituted “the multiplex provider”. | |
(4) In subsection (3)— | |
(a) for “the Commission” there shall be substituted “OFCOM”; and | 45 |
(b) for “the holder of the multiplex licence” there shall be substituted | |
“the multiplex provider”. | |
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(5) In subsection (4), after “‘additional services provider’” there shall be | |
inserted “, “‘multiplex provider’”. | |
Duration of multiplex licences | |
89 (1) Section 16 of the 1996 Act (duration and renewal of multiplex licences) shall | |
be amended as follows. | 5 |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (3), after “not later than” there shall be inserted “the day falling | |
three months before”. | |
(4) After subsection (12), there shall be inserted— | 10 |
“(12A) A determination for the purposes of subsection (12)— | |
(a) must be made at least one year before the date determined; | |
and | |
(b) must be notified by OFCOM to the person who holds the | |
licence in question.” | 15 |
Enforcement of multiplex licences | |
90 In section 17 of the 1996 Act (enforcement of multiplex licences), for “the | |
Commission” and “The Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Licensing of digital programme services | 20 |
91 (1) Section 18 of the 1996 Act (licensing of digital programme services) shall be | |
amended as follows. | |
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall | 25 |
cease to have effect. | |
Conditions of licences for digital programme services | |
92 (1) Section 19 of the 1996 Act (conditions of licences for digital programme | |
services) shall be amended as follows. | |
(2) In subsection (3)— | 30 |
(a) for “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there | |
shall be substituted, in each case, “the provider of a television | |
multiplex service or general multiplex service”, | 35 |
(c) in paragraph (a), for “by means of a multiplex service” there shall be | |
substituted “by means of that provider’s service”; and | |
(d) in paragraph (a)(i), for “the identity of the multiplex service” there | |
shall be substituted “the identity of the service by means of which it | |
will be broadcast”. | 40 |
(3) Subsections (2) and (4) to (10) of that section shall cease to have effect. | |
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Duration and enforcement of multiplex licenses | |
93 (1) Section 23 of the 1996 Act (enforcement of digital programme licences) shall | |
be amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | 5 |
(3) In subsection (4), for the words from “multiplex service” onwards there shall | |
be substituted “television multiplex service or general multiplex service, | |
means the last accounting period of the multiplex provider”. | |
(4) In subsection (5), for “multiplex service, the first accounting period of the | |
holder of the multiplex licence” there shall be substituted “television | 10 |
multiplex service or general multiplex service, the first accounting period of | |
the multiplex provider”. | |
(5) After that subsection there shall be inserted— | |
“(5A) In subsections (4) and (5) ‘multiplex provider’ has the same meaning | |
as in section 14.” | 15 |
(6) In subsection (8) for “apology” there shall be substituted “statement of | |
findings”. | |
Digital additional services | |
94 (1) Section 24 of the 1996 Act (digital additional services) shall be amended as | |
follows. | 20 |
(2) In subsection (1), for paragraphs (a) and (b) there shall be substituted— | |
“(a) is provided by a person with a view to its being broadcast in | |
digital form (whether by him or some other person) so as to | |
be available for reception by members of the public; | |
(b) is so provided with a view either— | 25 |
(i) to the broadcasting being by means of a television | |
multiplex service or by means of a general multiplex | |
service; or | |
(ii) to the members of the public in question being or | |
including members of the public in an EEA State | 30 |
other than the United Kingdom, or in an area of such | |
a State; | |
and | |
(c) is not a Channel 3 service, Channel 4, Channel 5, a public | |
television service of the Welsh Authority, the digital public | 35 |
teletext service, a digital programme service, a digital sound | |
programme service, an ancillary service or a technical | |
service.” | |
(3) In subsection (2) (meaning of ancillary service)— | |
(a) for “an independent analogue broadcaster” there shall be substituted | 40 |
“a relevant public service broadcaster”; and | |
(b) in paragraph (b)(i), after “such programmes” there shall be inserted | |
“, or to programmes included in digital sound programme services,”. | |
(4) In subsection (3)(a), after “digital programme services” there shall be | |
inserted “, digital sound programme services”. | 45 |
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(5) After subsection (3) there shall be inserted— | |
“(3A) In this section— | |
‘available for reception by members of the public’ shall be | |
construed in accordance with section 351 of the | |
Communications Act 2003; | 5 |
‘public television service of the Welsh Authority” means— | |
(a) S4C Digital; or | |
(b) any television programme service the provision of | |
which by the Authority is authorised by or under | |
section 200 of that Act and which is provided in | 10 |
digital form; | |
‘relevant public service broadcaster’ means any of the | |
following— | |
(a) a person licensed under Part 1 of the 1990 Act to | |
provide a Channel 3 service; | 15 |
(b) the Channel 4 Corporation; | |
(c) a person licensed under Part 1 of the 1990 Act to | |
provide Channel 5; | |
(d) the BBC; | |
(e) the Welsh Authority; | 20 |
(f) the public teletext provider.” | |
Licensing of digital additional services | |
95 (1) Section 25 of the 1996 Act (licensing of digital additional services) shall be | |
amended as follows. | |
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there | 25 |
shall be substituted “OFCOM”. | |
(3) After subsection (4) there shall be inserted— | |
“(4A) A digital additional services licence is not required for a service that | |
is or is comprised in a qualifying service.” | |
(4) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall | 30 |
cease to have effect. | |
Conditions of digital additional services licence | |
96 (1) Section 26 of the 1996 Act (conditions of licences for digital additional | |
services) shall be amended as follows. | |
(2) In subsection (2)— | 35 |
(a) for “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there | |
shall be substituted, in each case, “the provider of a television | |
multiplex service or general multiplex service”; | 40 |
(c) in paragraph (a), for “by means of a multiplex service” there shall be | |
substituted “by means of that provider’s service”; and | |
(d) in paragraph (a)(i), for “the identity of the multiplex service” there | |
shall be substituted “the identity of the service by means of which it | |
will be broadcast”. | 45 |
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