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Enforcement of digital additional television services licences | |
97 (1) Section 27 of the 1996 Act (enforcement of digital additional television | |
services 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 |
Digital broadcasting of Gaelic programmes | |
98 (1) Section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) shall | |
be amended as follows. | |
(2) In subsection (1), for “the Commission to include in any multiplex licence | |
granted in respect of one frequency to which section 28 applies” there shall | 20 |
be substituted “OFCOM to include in no more than one relevant multiplex | |
licence”. | |
(3) In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be | |
substituted “Seirbheis nam Meadhanan Gàidhlig”. | |
(4) For subsection (9) there shall be substituted— | 25 |
“(9) In this section— | |
‘Gaelic’ means the Gaelic language as spoken in Scotland; | |
‘relevant multiplex licence’ means a multiplex licence in respect | |
of which the Secretary of State has made an order under | |
section 238(3) of the Communications Act 2003; | 30 |
‘television broadcasting service’ has the same meaning as in | |
Part 3 of the Communications Act 2003.” | |
Review of digital television broadcasting | |
99 (1) Section 33 of the 1996 Act (review of digital television broadcasting) shall be | |
amended as follows. | 35 |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C | |
Digital, the qualifying teletext service” there shall be substituted “following | |
services, namely, Channel 3 services, Channel 4, Channel 5, the public | 40 |
television services of the Welsh Authority (within the meaning of Part 2 of | |
Schedule 12 to the Communications Act 2003), the digital public teletext | |
service”. | |
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Enforcement of licences held by BBC companies | |
100 In section 35 of the 1996 Act (enforcement of licences held by BBC | |
companies), for “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Interpretation of Part 1 | 5 |
101 In section 39(1) (interpretation of Part 1)— | |
(a) after the definition of “digital programme service” there shall be | |
inserted— | |
“‘digital public teletext service’ has the same meaning as | |
in Part 3 of the Communications Act 2003; | 10 |
‘digital sound programme service’ has the same | |
meaning as in Part 2 of this Act; | |
‘general multiplex service’ has the same meaning as in | |
that Part;”. | |
(b) for the definition of “public teletext provider” there shall be | 15 |
substituted— | |
“‘public teletext provider’ means the person for the time | |
being licensed under Part 1 of the 1990 Act to provide | |
the public teletext service (within the meaning of Part | |
3 of the Communications Act 2003);” | 20 |
(c) for the definitions of “S4C” and “on S4C” and of “S4C Digital” and | |
“on S4C Digital” there shall be substituted— | |
“‘S4C’ and ‘S4C Digital’ each has the same meaning as | |
in Part 3 of the Communications Act 2003;”. | |
(d) after the definition of “technical service” there shall be inserted— | 25 |
“‘television multiplex service’ has the meaning given by | |
section 236 of the Communications Act 2003.” | |
Radio multiplex services | |
102 (1) Section 40 of the 1996 Act (radio multiplex services) shall be amended as | |
follows. | 30 |
(2) For subsections (1) to (3) there shall be substituted— | |
“(1) In this Part ‘radio multiplex service’ means a radio multiplex service | |
within the meaning of Part 3 of the Communications Act 2003.” | |
(3) In subsection (4) (local and national multiplex services), the words | |
“provided on a frequency or frequencies assigned to the Authority under | 35 |
section 45(1)” shall be omitted. | |
(4) In subsection (5), for “for general reception” there shall be substituted “so as | |
to be available for reception by members of the public”. | |
(5) For subsection (8) of that section there shall be substituted— | |
“(8) In this section— | 40 |
‘available for reception by members of the public’ shall be | |
construed in accordance with section 351 of the | |
Communications Act 2003; | |
‘broadcast’ means broadcast otherwise than from a satellite.” | |
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Licences under Part 2 of the 1996 Act | |
103 (1) Section 42 of the 1996 Act (licences under Part 2) shall be amended as | |
follows. | |
(2) In subsection (1), for “the Radio Authority (in this Part referred to as ‘the | |
Authority’)” there shall be substituted “OFCOM”. | 5 |
(3) In subsections (2), (5) and (6), for “The Authority” and “the Authority”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
(4) For subsection (3) (variation of licences) there shall be substituted— | |
“(3) OFCOM may vary a licence by a notice served on the licence holder. | |
(3A) OFCOM shall not vary— | 10 |
(a) the period for which a licence having effect for a specified | |
period is to continue in force, or | |
(b) increase the total amount of digital capacity specified in a | |
national radio multiplex licence for the purposes of section | |
48(1A), | 15 |
unless the licence holder consents. | |
(3B) OFCOM shall not make any other variation of a licence unless the | |
licence holder has been given a reasonable opportunity of making | |
representations to OFCOM about the variation.” | |
(5) In subsection (4) (exceptions from power to vary licences), for “Paragraph (a) | 20 |
of subsection (3)” there shall be substituted “Paragraph (a) of subsection | |
(3A)”. | |
(6) For subsection (7) there shall be substituted— | |
“(7) The holding of a licence by a person shall not relieve him— | |
(a) of any liability in respect of a failure to hold a licence under | 25 |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) of any obligation to comply with requirements imposed by or | |
under Chapter 1 of Part 2 of the Communications Act 2003 | |
(electronic communications networks and electronic | |
communications services).” | 30 |
General licence conditions | |
104 (1) Section 43 of the 1996 Act (general licence conditions) shall be amended as | |
follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | 35 |
(3) In subsection (1) (conditions may include conditions to give effect to duties | |
imposed by or under 1990 Act or 1996 Act)— | |
(a) in paragraph (a), for “the 1990 Act or this Act” there shall be | |
substituted “this Act, the 1990 Act or the Communications Act 2003”; | |
and | 40 |
(b) in paragraph (d), after “this Act” there shall be inserted “, the 1990 | |
Act or the Communications Act 2003”. | |
(4) In subsection (3) (fixing of fees), for the words from “regard as necessary” | |
onwards there shall be substituted “regard as necessary for the purposes of | |
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(4) paragraph 8(1) of the Schedule to the Office of Communications Act 2002 | |
(obligation to conduct affairs so as to be able to meet their obligations and | |
carry out their functions).” | |
Restrictions on holding licences | |
105 (1) Section 44 of the 1996 Act (restrictions on the holding of licences) shall be | 5 |
amended as follows. | |
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (2) (incidental requirements to provide information), after | |
paragraph (d) there shall be inserted— | 10 |
“(da) impose conditions in a licence requiring the licence holder, if | |
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— | 15 |
(i) shareholdings in the body; or | |
(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— | 20 |
(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 | 25 |
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”; and | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” | 30 |
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 | 35 |
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,”. | 40 |
National radio multiplex licences | |
106 (1) Section 46 of the 1996 Act (national radio multiplex licences) shall be | |
amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | 45 |
(3) In subsection (1)(d), for “a direction” there shall be substituted “a condition”. | |
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Award of national radio multiplex licences | |
107 In section 47 of the 1996 Act (award of national radio multiplex licences), for | |
“the Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Reservation of capacity for independent national broadcasters | |
108 (1) Section 48 of the 1996 Act (reservation of digital capacity for independent | 5 |
broadcasters) shall be amended as follows. | |
(2) For subsections (1) to (3) there shall be substituted— | |
“(1A) OFCOM must ensure that the conditions included in national radio | |
multiplex licences (taken together) secure that an amount of digital | |
capacity on the multiplex frequencies is reserved for every | 10 |
independent national broadcaster for the broadcasting of a simulcast | |
radio service provided by that broadcaster. | |
(1B) Where the conditions of a licence for a national radio multiplex | |
service reserve capacity on the frequency made available for that | |
service for the broadcasting of a simulcast radio service provided by | 15 |
an independent national broadcaster, those conditions must also | |
include the condition specified in subsection (1C). | |
(1C) That condition is the condition that OFCOM consider appropriate | |
for securing that, in consideration of the making by the independent | |
national broadcaster of the payments which — | 20 |
(a) are agreed from time to time between him and the licence | |
holder, or | |
(b) in default of agreement, are determined under this section, | |
the licence holder uses, for the broadcasting of a simulcast radio | |
service provided by that broadcaster, such of the reserved digital | 25 |
capacity as may be requested, from time to time, by that broadcaster. | |
(1D) Where conditions are included under this section in a national radio | |
multiplex licence reserving capacity for an independent national | |
broadcaster, OFCOM may include conditions relating to the | |
broadcasting of the simulcast radio service in the licence for the | 30 |
national service provided by that broadcaster.” | |
(3) In subsections (4) to (6), for “the Authority”, wherever occurring, there shall | |
be substituted “OFCOM”. | |
(4) In subsection (4), for “subsection (3)(a)” there shall be substituted | |
“subsection (1C)”. | 35 |
(5) After subsection (6) there shall be inserted— | |
“(7) In this section ‘the multiplex frequencies’ means the frequencies | |
made available for the purposes of licensed national radio multiplex | |
services.” | |
Reservation of digital capacity for BBC | 40 |
109 (1) Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be | |
amended as follows. | |
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(2) In subsections (1) to (3) and (6), for “the Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
(3) In subsection (4) (determination of capacity to be reserved), for the words | |
from “If the BBC” to “the Secretary of State, who may” there shall be | |
substituted “If the BBC do not give their consent to the proposals within | 5 |
such period as OFCOM may specify in their notice under subsection (3), | |
OFCOM shall”. | |
(4) In subsection (5), for words from “the Secretary of State” onwards there shall | |
be substituted “OFCOM shall give the BBC an opportunity of making | |
representations to them about their proposals.” | 10 |
(5) In subsection (6), after “and the BBC” there shall be inserted “or (in default | |
of agreement) determined under this section”. | |
(6) After that subsection there shall be inserted— | |
“(7) Where the holder of the licence and the BBC fail to agree— | |
(a) the payments to be made under a condition included in the | 15 |
licence in accordance with subsection (6), or | |
(b) the other terms that are to apply in relation to the use of | |
digital capacity in accordance with such a condition, | |
either of them may refer the matter to OFCOM for determination. | |
(8) Before making a determination under subsection (7), OFCOM must | 20 |
give the licence holder and the BBC an opportunity of making | |
representations to them about the matter. | |
(9) In making any determination under subsection (7), OFCOM shall | |
have regard to— | |
(a) the expenses incurred, or likely to be incurred, by the licence | 25 |
holder in providing the local radio multiplex service in | |
question, and | |
(b) the terms on which persons providing local radio multiplex | |
services contract with persons providing local digital | |
additional services for the broadcasting of those services.” | 30 |
Local radio multiplex licences | |
110 (1) Section 50 of the 1996 Act (local radio multiplex licences) shall be amended | |
as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | 35 |
(3) In subsection (1)(b), for “the Secretary of State has” there shall be substituted | |
“OFCOM have”. | |
(4) In subsection (2)(d), for “direction under section 49” substitute | |
“determination under section 49(4)”. | |
Award of local multiplex licences | 40 |
111 (1) Section 51 of the 1996 Act (award of local multiplex licences) shall be | |
amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
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(3) In subsection (2), for paragraph (f) there shall be substituted— | |
“(f) 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; and”. | |
Power to require two or more local radio multiplex licences to be granted to one person | 5 |
112 In section 52 of the 1996 Act (power to require two or more local radio | |
multiplex licences to be granted to one person), for “The Authority” and “the | |
Authority” there shall be substituted “OFCOM”. | |
Failure to begin to provide licensed service | |
113 In section 53 of the 1996 Act (failure to provide licensed service), for “the | 10 |
Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Conditions which may be attached to radio multiplex licences | |
114 In section 54 of the 1996 Act (conditions which may be attached to a radio | |
multiplex licence), For “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | 15 |
Additional payments to be made in respect of national radio multiplex licences | |
115 In section 55 of the 1996 Act (additional payments to be made in respect of | |
national radio multiplex licences) for “the Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
Multiplex revenue | 20 |
116 In subsections (7) and (8) of section 56 of the 1996 Act (computation of | |
multiplex revenue), for “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Attribution of radio multiplex revenue | |
117 In section 57 of the 1996 Act (attribution of radio multiplex revenue), for “the | 25 |
Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Duration and renewal of radio multiplex licences | |
118 (1) Section 58 of the 1996 Act (duration and renewal of radio multiplex licences) | |
shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | 30 |
substituted “OFCOM”. | |
(3) In subsection (3), after “not later than” there shall be inserted “the day falling | |
three months before”. | |
(4) Subsection (5) (consent of the Secretary of State for exercise of certain powers | |
in connection with renewal) shall cease to have effect. | 35 |
(5) After subsection (12) there shall be inserted— | |
“(12A) A determination for the purposes of subsection (12)— | |
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