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(b) in relation a telecommunication system, | |
is to have effect after the commencement of that Schedule in relation to so | |
much of the apparatus or system as is electronic communications apparatus | |
or the operator’s network for the purposes of the application of that | |
Schedule to this Act by virtue of this paragraph or section 102(3)(b) of this | 5 |
Act. | |
(5) A right which for the purposes of the code in Schedule 2 to the 1984 Act has | |
effect immediately before the commencement of Schedule 3 to this Act as | |
conferred for purposes connected with the provision of a | |
telecommunication service is to have effect after the commencement of that | 10 |
Schedule as conferred for the purposes of the corresponding electronic | |
communications service. | |
(6) Any agreement which, immediately before the repeal of the provisions | |
contained in section 10(3A) and (3B) of the 1984 Act or section 189 of the 1990 | |
Act, is a relevant agreement for the purposes of those provisions shall be | 15 |
deemed in relation to times after the coming into force of that repeal to be a | |
relevant agreement for the purposes of paragraph 29 of the electronic | |
communications code. | |
(7) In this paragraph “the electronic communications code” has the same | |
meaning as in Chapter 1 of Part 2 of this Act. | 20 |
Compulsory purchase | |
14 Where— | |
(a) a compulsory purchase order made under section 34 or 35 of the 1984 | |
Act, | |
(b) a vesting order, or an application for a vesting order, made under | 25 |
section 36 of that Act, or | |
(c) an authorisation given by the Secretary of State under section 37, 38 | |
or 39 of that Act, | |
is effective immediately before the commencement of Schedule 4 to this Act, | |
it is to have effect after the commencement of that Schedule as if made or | 30 |
given under that Schedule. | |
Notices under section 1D of the Wireless Telegraphy Act 1949 | |
15 (1) This paragraph applies to procedures set out in a notice given by the | |
Secretary of State under section 1D of the Wireless Telegraphy Act 1949 | |
(c. 54) and in force immediately before the commencement of sub-paragraph | 35 |
(4) of paragraph 8 of Schedule 17 to this Act. | |
(2) In relation to times after the commencement of that sub-paragraph, the | |
procedures are to have effect as if prescribed by OFCOM by regulations | |
under section 1D(3) of the Wireless Telegraphy Act 1949. | |
(3) So much of any notice having effect in accordance with this paragraph as | 40 |
authorises or requires anything to be done by or in relation to the Secretary | |
of State is to have effect in relation to times after the commencement of | |
paragraph 8 of Schedule 17 to this Act as if it authorised or required that | |
thing to be done by or in relation to OFCOM. | |
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Notices under regulations under section 3 of the Wireless Telegraphy Act 1998 | |
16 (1) This paragraph applies to procedures set out in a notice issued by the | |
Secretary of State under regulations under section 3 of the Wireless | |
Telegraphy Act 1998 (c. 6) and in force immediately before the | |
commencement of section 162 of this Act. | 5 |
(2) In relation to times after the commencement of section 162 of this Act, the | |
procedures are to have effect as if prescribed by OFCOM by regulations | |
under section 3 of that Act. | |
(3) So much of any notice having effect in accordance with this paragraph as | |
authorises or requires anything to be done by or in relation to the Secretary | 10 |
of State is to have effect in relation to times after the commencement of | |
section 162 of this Act as if it authorised or required that thing to be done by | |
or in relation to OFCOM. | |
Disputes referred to the Director | |
17 (1) Where— | 15 |
(a) before the revocation by this Act of the Telecommunications | |
(Interconnection) Regulations 1997 (S.I. 1997/2931) a dispute was | |
referred to the Director under regulation 6 of those regulations, and | |
(b) that dispute has not been resolved when the revocation comes into | |
force, | 20 |
Chapter 3 of Part 2 of this Act (except sections 184 and 185) is to have effect | |
as if that dispute were a dispute which, immediately after the | |
commencement of section 180 of this Act, was referred to OFCOM under | |
that section. | |
(2) Where OFCOM make a determination for resolving a dispute falling to be | 25 |
resolved in accordance with sub-paragraph (1)— | |
(a) their powers on making that determination are to be those which | |
would have been exercisable by the Director under those regulations | |
(instead of those under Chapter 3 of Part 2); | |
(b) conditions of a licence under section 7 of the 1984 Act requiring | 30 |
compliance with directions given by the Director under regulation 6 | |
of those regulations are to continue to have effect as if they also | |
applied to directions given by OFCOM by virtue of paragraph (a); | |
and | |
(c) paragraph 9 of this Schedule has effect as if the reference in sub- | 35 |
paragraph (1)(d) to directions given by the Director under that | |
regulation included a reference to directions given by OFCOM by | |
virtue of paragraph (a) of this sub-paragraph. | |
(3) Where the Director gave a direction under regulation 6 of those regulations | |
at any time before the coming into force of their revocation, the direction is | 40 |
to continue, after the revocation comes into force, to have effect and be | |
enforceable in accordance with paragraph 9 of this Schedule to the extent | |
that it is continued in force under this paragraph. | |
(4) The direction is continued in force under this paragraph only where | |
OFCOM have at any time after the passing of this Act given notice to the | 45 |
persons to whom it applies that it is continued in force. | |
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(5) OFCOM are to give such a notice only if they consider, having regard to the | |
terms of the direction and the provisions of Part 2 of this Act, that it is | |
appropriate to do so. | |
(6) OFCOM may at any time by notice to the person to whom it applies revoke | |
a direction that has effect in accordance with a notice under sub-paragraph | 5 |
(4). | |
Section 94 of the Telecommunications Act 1984 | |
18 (1) Subject to sub-paragraph (2), provisions of Schedule 17 to this Act amending | |
section 94 of the 1984 Act do not affect— | |
(a) the continuation, after the coming into force of the amendment, of | 10 |
any duty of a person previously given a direction under that section | |
to give effect to it; or | |
(b) the power of the Secretary of State after the amendment comes into | |
force to make grants under subsection (6) of that section to such a | |
person. | 15 |
(2) A direction under that section which was given to the Director before the | |
relevant transfer date shall have effect in relation to times on and after that | |
date as if it were a direction to OFCOM. | |
(3) In sub-paragraph (2) “the relevant transfer date” means the date of the | |
coming into force of the provisions of Schedule 17 to this Act substituting | 20 |
“OFCOM” for “the Director” in section 94(8) of the 1984 Act. | |
Competition Commission: specialist panel members | |
19 The persons who— | |
(a) have been appointed as members of the Competition Commission by | |
the Secretary of State under section 13(10) of the 1984 Act, and | 25 |
(b) hold office immediately before the date on which section 189 comes | |
into force, | |
shall continue to hold office as members of the Competition Commission as | |
if they had been appointed to that office by the Secretary of State under | |
section 189(1). | 30 |
Activities of the Welsh Authority | |
20 (1) No approval shall be required under section 200 for the continued provision | |
after the commencement of that section of any service that was being | |
provided by the Welsh Authority immediately before the commencement of | |
that section. | 35 |
(2) Where any activities are being carried on immediately before the | |
commencement of section 201 by the Welsh Authority, no approval is | |
required under that section in respect of the continued carrying on of the | |
activities by the Authority. | |
(3) Where any activities are being carried on immediately before the | 40 |
commencement of section 201 by an S4C company, no approval is required | |
under that section in respect of the carrying on after that commencement by | |
that company or another S4C company of those activities. | |
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Gaelic Broadcasting | |
21 The persons who are members of Comataidh Craolaidh Gaidhlig | |
immediately before the date on which section 203 comes into force— | |
(a) shall continue to hold office as members of Seirbheis nam | |
Meadhanan Gàidhlig as if they had been appointed to that office by | 5 |
OFCOM; | |
(b) shall hold and vacate office in accordance with the terms of their | |
appointment by the ITC; | |
(c) shall hold office for the period for which they were appointed by the | |
ITC; and | 10 |
(d) after the end of that period, shall be eligible for re-appointment as | |
members of Seirbheis nam Meadhanan Gàidhlig. | |
22 (1) The continuance in force of the Multiplex Licence (Broadcasting of | |
Programmes in Gaelic) Order 1996 (S.I. 1996/2758) made under section 32 of | |
the 1996 Act is not affected by the amendment of that section by Schedule 15 | 15 |
to this Act. | |
(2) But in relation to times after the television transfer date, that order shall have | |
effect as if— | |
(a) the reference in that order to the ITC were a reference to OFCOM; | |
and | 20 |
(b) the reference to the application of section 28 of the 1996 Act to a | |
frequency were omitted. | |
Pre-transfer Broadcasting Act licences | |
23 (1) Subject to any express provision made by this Act in relation to a particular | |
description of Broadcasting Act licence, neither— | 25 |
(a) the transfer from a pre-commencement regulator to OFCOM of the | |
function of granting or awarding such licences or of any other power | |
exercisable in relation to such licences, nor | |
(b) any other modification by or by virtue of this Act of the power to | |
grant or award such licences or of a provision having effect in | 30 |
relation to such licences, | |
shall affect the continuing validity of a licence by or under which the | |
provision of a service is authorised immediately before the coming into force | |
of the transfer or modification. | |
(2) Accordingly, such a licence shall continue to have effect, after the coming | 35 |
into force of the transfer or modification— | |
(a) on the same terms and conditions and for the same period as it | |
would have done if this Act had not been passed; but | |
(b) as if, in relation to times after the coming into force of any relevant | |
transfer of functions to OFCOM, every reference in the licence to a | 40 |
pre-commencement regulator were a reference to OFCOM. | |
(3) Sub-paragraph (2) is subject to the following provisions of this Act— | |
(a) those under which a licence is to have effect as if the period for which | |
it is granted were the period determined under this Act; and | |
(b) those under which the conditions of a licence fall to be varied for the | 45 |
purpose of imposing a condition required by this Act. | |
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(4) Anything done at any time before the relevant transfer date under or for the | |
purposes of enforcing any provision of a Broadcasting Act licence is to have | |
effect in relation to times on or after that date— | |
(a) to the extent that it was done by or in relation to the ITC or Radio | |
Authority, and | 5 |
(b) so far as necessary for preserving its effect or for facilitating the | |
taking of further action by OFCOM, | |
as a thing done by or in relation to OFCOM. | |
(5) In sub-paragraph (4) “relevant transfer date”— | |
(a) in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996 | 10 |
Act, means the television transfer date; and | |
(b) in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996 | |
Act, means the radio transfer date. | |
Channels 3 and 5 | |
24 A determination made by the ITC under or for the purposes of section 14 or | 15 |
28 of the 1990 Act (Channels 3 and 5) is to have effect on and after the | |
television transfer date as a determination under that section by OFCOM. | |
Saving pending replacement of licences for Channels 3 and 5 and the public teletext service | |
25 (1) The regulatory regime for a Channel 3 service, and that for Channel 5 and | |
the existing teletext service, shall not include the self-regulation conditions | 20 |
in any case in which the service or (as the case may be) Channel 5 is provided | |
under a licence granted before the television transfer date. | |
(2) In sub-paragraph (1) “the self-regulation conditions” means the conditions | |
which (apart from that sub-paragraph) are included by virtue of sections 258 | |
to 262 of this Act in the regulatory regime for Channel 3 services, for Channel | 25 |
5 and for the public teletext service. | |
(3) In relation to a licence granted before the television transfer date for a | |
Channel 3 service, Channel 5 or the existing teletext service, section 256 shall | |
have effect as if the reference in subsection (3)(a) of that section to a | |
corresponding or additional service to be provided in analogue form were a | 30 |
reference to a corresponding or additional service to be provided in digital | |
form. | |
(4) In this paragraph “the existing teletext service” means the existing service | |
within the meaning of section 216 of this Act. | |
Digital additional licences | 35 |
26 (1) This paragraph applies where immediately before the coming into force of | |
section 237 of this Act a person holds a digital additional services licence | |
under Part 1 of the 1996 Act in respect of a digital sound programme service | |
and with a view to the inclusion of the broadcasting of that service by means | |
of a television multiplex service licensed under Part 1 of the 1996 Act. | 40 |
(2) The licence is to have effect on and after the coming into force of section 237 | |
of this Act as if it were a national digital sound programme licence or (as the | |
case may be) were comprised in any national digital sound programme | |
licence already held by the licence holder for the service in question. | |
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(3) Where a licence has effect in accordance with this paragraph, it shall not (to | |
the extent that it so has effect) authorise the broadcasting of the digital sound | |
programme service in question by means of a radio multiplex service. | |
(4) In this paragraph— | |
“digital additional services licence” has the same meaning as in Part 1 | 5 |
of the 1996 Act; and | |
“national digital sound programme licence” has the same meaning as | |
in Part 2 of that Act. | |
Programme quotas | |
27 Any order which— | 10 |
(a) was made under section 16(5)(a) of the 1990 Act (definitions of | |
“qualifying programmes” and “independent productions”), and | |
(b) is in force immediately before the commencement of sections 270 and | |
300 of this Act and paragraphs 1 and 7 of Schedule 12 to this Act, | |
is to have effect in relation to times after the commencement of those sections | 15 |
and those paragraphs as an order made in exercise of the corresponding | |
powers conferred by those sections and those paragraphs. | |
Nomination of persons eligible for appointment as news providers | |
28 A nomination by the ITC which is in force immediately before the television | |
transfer date for the purposes of section 31(2) of the 1990 Act is to have effect | 20 |
on and after that date (but so far only as is necessary for the purposes of | |
provision made by virtue of section 273 of this Act) as a nomination by | |
OFCOM for the purposes of that section of this Act. | |
Networking arrangements | |
29 (1) Where arrangements approved for the purposes of section 39 of the 1990 Act | 25 |
(networking arrangements) are in force immediately before the | |
commencement of section 283 of this Act, those arrangements are to have | |
effect for the purposes of this Act, and of any conditions imposed under that | |
section of this Act, as approved networking arrangements. | |
(2) For the purposes of proceedings in relation to a report under Schedule 4 to | 30 |
the 1990 Act at any time after the commencement of Schedule 11 to this Act, | |
that report is to have effect as if it were a report under that Schedule to this | |
Act. | |
Determination of qualifying revenue | |
30 (1) A statement of the ITC that is for the time being in force immediately before | 35 |
the television transfer date for the purposes of— | |
(a) Schedule 7 to the 1990 Act (statement of principles for determining | |
qualifying revenue), or | |
(b) Schedule 1 to the 1996 Act (corresponding statement for the | |
purposes of that Act, | 40 |
is to have effect on and after that date as a statement by OFCOM. | |
(2) On and after the television transfer date a determination by the ITC under | |
paragraph 2 of Part 1 of either of those Schedules is to have effect as a | |
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(2) determination under that paragraph by OFCOM, and sub-paragraph (2) of | |
that paragraph is to have effect accordingly. | |
Rules for political broadcasts | |
31 Where— | |
(a) rules made by the ITC for the purposes of section 36 of the 1990 Act | 5 |
(party political broadcasts on Channel 3, Channel 4 or Channel 5), or | |
(b) rules made by the Radio Authority for the purposes of section 107 of | |
the 1990 Act (party political broadcasts on national radio services), | |
are in force immediately before the commencement of section 323 of this Act, | |
those rules are to have effect after its commencement as rules made by | 10 |
OFCOM for the purposes of that section of this Act. | |
Functions under section 88 of the 1990 Act | |
32 A requirement imposed or notice given before the radio transfer date by the | |
Radio Authority under section 88 of the 1990 Act (restriction on holding of | |
licences) is to have effect on and after that date as if it were imposed or given | 15 |
by OFCOM. | |
Notices under section 94 of the 1990 Act | |
33 A notice given by the Secretary of State or any other Minister of the Crown | |
under section 94 of the 1990 Act (government control over licensed services) | |
is to have effect on and after the radio transfer date as a notice given to | 20 |
OFCOM under section 326 of this Act. | |
Programme standards: television | |
34 (1) This paragraph applies as respects times on or after the television transfer | |
date and before the first coming into force, in the case of the holder of a | |
licence under Part 1 of the 1990 Act or Part 1 of the 1996 Act, of conditions | 25 |
imposed under section 315 of this Act. | |
(2) Sections 6 to 12 of the 1990 Act (general provisions about the content of | |
licensed services) are to have effect in the case of that licence holder as if | |
references in those sections to the ITC were references to OFCOM. | |
(3) A code drawn up by the ITC under section 6, 7 or 9 of the 1990 Act is to have | 30 |
effect as if it had been drawn up by OFCOM. | |
Programme standards: radio | |
35 (1) This paragraph applies as respects times on or after the radio transfer date | |
and before the first coming into force, in the case of the holder of a licence | |
under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions imposed | 35 |
under section 315 of this Act. | |
(2) Sections 90 to 96 of the 1990 Act (general provisions about the content of | |
licensed services) are to have effect as if references in those sections to the | |
Radio Authority were references to OFCOM. | |
(3) A code drawn up by the Radio Authority under section 90, 91 or 93 of the | 40 |
1990 Act is to have effect as if it had been drawn up by OFCOM. | |
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