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Communications Bill


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

    454

 

          (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—

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              “(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

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under Chapter 1 of Part 2 of the Communications Act 2003

(electronic communications networks and electronic

communications services).”

              

Licence conditions

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  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

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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

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(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.

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          (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

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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

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                           (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—

 

 

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

    455

 

                           (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

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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”

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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

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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,”.

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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)—

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              (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

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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

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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”.

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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”.

 

 

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

    456

 

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”.

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          (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

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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”.

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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

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  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

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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

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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

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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

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              (b)             for “the Commission”, wherever occurring, there shall be substituted

“OFCOM”.

 

 

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

    457

 

          (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

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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

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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

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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

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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

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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.

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          (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

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“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

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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

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              (b)             for “the holder of the multiplex licence” there shall be substituted

“the multiplex provider”.

 

 

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

    458

 

          (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.

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          (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—

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              “(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.”

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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

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  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

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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)—

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              (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”,

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              (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”.

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          (3)      Subsections (2) and (4) to (10) of that section shall cease to have effect.

 

 

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

    459

 

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

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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.”

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          (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.

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          (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—

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                           (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

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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

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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

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“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”.

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

    460

 

          (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;

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                                      ‘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

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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;

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                           (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;

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                           (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

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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

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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)—

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              (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”;

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              (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”.

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