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    (  30  )

228

Page 474   , line 17,     leave out paragraph 117 and insert—

 

  “117        (1)                  Section 57 of the 1996 Act (attribution of radio multiplex revenue) shall

 

be amended as follows.

 

          (2)         In subsection (1)—

 

              (a)             for “the holder of a national radio multiplex licence” there shall

 

be substituted “the person who is the multiplex provider in

 

relation to a national radio multiplex service”; and

 

              (b)             for “the holder of the national radio multiplex licence” there shall

 

be substituted “the multiplex provider”.

 

          (3)         In subsection (2), for “the holder of the radio multiplex licence”,

 

wherever occurring, there shall be substituted “the multiplex provider”.

 

          (4)         In subsection (3)—

 

              (a)             for “the Authority” there shall be substituted “OFCOM”; and

 

              (b)             for “the holder of the national radio multiplex licence” there shall

 

be substituted “the multiplex provider”.

 

          (5)         In subsection (4)—

 

              (a)             after “‘additional services provider’” there shall be inserted “,

 

‘multiplex provider’”; and

 

              (b)             for “a national radio multiplex licence” there shall be substituted

 

“a national radio multiplex service”.”

229

Page 475                   , line 33,     at end insert—

 

          “( )                  In subsection (4), for the words from “national radio multiplex service”

 

onwards there shall be substituted “relevant multiplex service, means

 

the last accounting period of the multiplex provider”.

 

          ( )         In subsection (5)—

 

              (a)             for “national radio multiplex service” there shall be substituted

 

“relevant multiplex service”;

 

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

 

substituted “multiplex provider”; and

 

              (c)             for “the radio multiplex service” and “that radio multiplex

 

service” there shall be substituted “that relevant multiplex

 

service”.

 

          ( )         After subsection (5A) (inserted by Schedule 13) there shall be inserted—

 

              “(5B)                For the purposes of this section, a service is a relevant multiplex

 

service if it is—

 

                    (a)                   a national radio multiplex service;

 

                    (b)                   a television multiplex service; or

 

                    (c)                   a general multiplex service.

 

              (5C)                In this section, “multiplex provider”—

 

                    (a)                   in relation to a national radio multiplex service, means

 

the multiplex provider within the meaning of section 56;

 

and

 

                    (b)                   in relation to a television multiplex service or a general

 

multiplex service, means the multiplex provider within

 

the meaning of section 14.””

230

Page 476                      , line 18,     at end insert—


 
 

    (  31  )

 
 

          “( )         In subsection (4), for “national radio multiplex service” there shall be

 

substituted “relevant multiplex service”.

 

          ( )                  In subsection (5), for the words from “national radio multiplex service”

 

onwards there shall be substituted “relevant multiplex service, means

 

the last accounting period of the multiplex provider”.

 

          ( )         In subsection (6)—

 

              (a)             for “national radio multiplex service” there shall be substituted

 

“relevant multiplex service”;

 

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

 

substituted “multiplex provider”; and

 

              (c)             for “the radio multiplex service” and “that radio multiplex

 

service” there shall be substituted “that relevant multiplex

 

service”.

 

          ( )         After subsection (6A) (inserted by Schedule 13) there shall be inserted—

 

              “(6B)                For the purposes of this section, a service is a relevant multiplex

 

service if it is—

 

                    (a)                   a national radio multiplex service; or

 

                    (b)                   a general multiplex service.

 

              (6C)                In this section, “multiplex provider”—

 

                    (a)                   in relation to a national radio multiplex service, means

 

the multiplex provider within the meaning of section 56;

 

and

 

                    (b)                   in relation to a general multiplex service, means the

 

multiplex provider within the meaning of section 14.””

Schedule 16

231

Page 483   , line 11, leave out “59(6E)” and insert “59(6A)”

232

Page 483   , line 13, leave out “59(6E)” and insert “59(6A)”

233

Page 483   , line 15, at end insert—

 

          “( )         After the entry relating to “Anti-competitive outcome” there shall be

 

inserted—

 

“Broadcasting

Section 44(8A)”.

 
 

          ( )         After the entry relating to “Market in the United Kingdom” there shall

 

be inserted—

 

“Media public interest

Section 44(8)”.”

 
 

consideration

  

234

Page 483, leave out lines 18 and 19 and insert—

 

          

 

“Newspaper enterprise

Section 58A(3)””

 

Schedule 17

235

Page 526, line 11, leave out “cover” and insert “enable OFCOM to meet”


 
 

    (  32  )

 

Schedule 18

236

Page 529, line 26, at end insert—

 

“Savings for agreements referring to the termination of a 1984 Act licence

 

  2A        (1)         This paragraph applies where a term or condition of an agreement in

 

force immediately before the abolition of licensing provides—

 

              (a)             for the agreement, or a provision of it, to cease to have effect,

 

              (b)             for the agreement to become capable of being terminated,

 

              (c)             for a requirement to pay or repay an amount (whether liquidated

 

or unliquidated) to arise under the agreement, or to arise earlier

 

than it would otherwise have arisen,

 

              (d)             for a security to become enforceable, or

 

              (e)             for rights or obligations of a person under the agreement to be

 

different or to be modified,

 

                   if a person (whether or not a party to the agreement) ceases to hold a

 

licence under section 7 of the 1984 Act, or ceases to do so in a manner or

 

in circumstances described in the agreement.

 

          (2)         Where a person ceases to hold a licence in consequence of the provisions

 

of this Act removing the requirement to hold a licence under section 7 of

 

the 1984 Act—

 

              (a)             the term or condition is not to apply; and

 

              (b)             the rights and obligations of the parties to the agreement are to

 

be the same (subject to the following sub-paragraphs) as they

 

would have been had the person in question continued to hold

 

such a licence.

 

          (3)         In relation to times after the abolition of licensing, that term or condition

 

is to have effect as if the reference in that term or condition—

 

              (a)             to a person’s ceasing to hold a licence under section 7 of the 1984

 

Act, or

 

              (b)             to his ceasing to do so in a particular manner or particular

 

circumstances,

 

                   were a reference to his becoming subject to a direction under this Act by

 

virtue of which he is prohibited from providing the whole or a part of an

 

electronic communications network or electronic communications

 

service.

 

          (4)         In sub-paragraph (3) the reference to a person’s becoming subject to a

 

direction by virtue of which he is prohibited from providing the whole

 

or a part of an electronic communications network or electronic

 

communications service—

 

              (a)             does not include a reference to his becoming subject to a direction

 

imposing a prohibition for a fixed period of less than eighteen

 

months or to a direction that will have to be revoked if not

 

confirmed; but

 

              (b)             except in the case of a direction imposing a prohibition for such

 

a fixed period, does include a reference to the confirmation of a

 

direction that would otherwise have had to be revoked.

 

          (5)          This paragraph does not apply in the case of a term or condition of an

 

agreement if, on an application to the court by one or both of the parties

 

to the agreement, the court directs—

 

              (a)             that this paragraph is not to apply; or


 
 

    (  33  )

 
 

              (b)             that it is to apply with such modifications, or subject to the

 

payment of such compensation, as the court may specify in the

 

direction.

 

          (6)          In determining whether to give a direction under sub-paragraph (5) or

 

what modifications or compensation to specify in such a direction the

 

court must have regard to the following—

 

              (a)             whether either or both of the parties to the agreement

 

contemplated the abolition of the licensing requirements of the

 

1984 Act when they entered into the agreement; and

 

              (b)             the extent (if any) to which the provisions of this paragraph

 

represent what it would have been reasonable for the parties to

 

have agreed had they both known at that time what provision

 

was to be made by this Act and when it was to come into force.

 

          (7)         For the purposes of this paragraph—

 

              (a)             references to ceasing to hold a licence include references to its

 

expiring or being revoked; and

 

              (b)             references to a licence under section 7 of the 1984 Act include

 

references to a licence under that section of a particular

 

description.

 

          (8)         In this paragraph “the court” means the High Court or the Court of

 

Session.

 

          (9)         This paragraph has effect subject to paragraph 12.

 

Saving for agreements with special provision for 1984 Act licence holders

 

  2B        (1)         This paragraph applies in a case to which paragraph 2A does not apply

 

and in which a term or condition of an agreement in force immediately

 

before the abolition of licensing provides for rights or obligations of a

 

person (“the contracting party”) under the agreement to be different or

 

to be modified according to whether or not he or another person

 

(whether or not a party to the agreement)—

 

              (a)             is or has become the holder of a licence under section 7 of the 1984

 

Act; or

 

              (b)             is or has become the holder of such a licence in a manner or in

 

circumstances described in the agreement.

 

          (2)         In relation to times after the abolition of licensing, that term or condition

 

is to have effect as if the rights and obligations to which the contracting

 

party is entitled or subject under the agreement were, except in a case

 

falling within sub-paragraph (3), those for which the agreement

 

provides in relation to a case in which the person in question—

 

              (a)             is or has become the holder of such a licence; or

 

              (b)             is or has become the holder of such a licence in that manner or in

 

those circumstances.

 

          (3)         The excepted case is where that person is subject to a direction under this

 

Act by virtue of which he is prohibited from providing the whole or a

 

part of an electronic communications network or electronic

 

communications service.

 

          (4)         In sub-paragraph (3) the reference to a person’s being subject to a

 

direction by virtue of which he is prohibited from providing the whole

 

or a part of an electronic communications network or electronic

 

communications service—


 
 

    (  34  )

 
 

              (a)             does not include a reference to his being subject to a direction

 

imposing a prohibition for a fixed period of less than eighteen

 

months or to a direction that will have to be revoked if not

 

confirmed; but

 

              (b)             except in the case of a direction imposing a prohibition for such

 

a fixed period, does include a reference to his being subject to a

 

direction which would have had to be revoked if not confirmed

 

but which has been confirmed.

 

          (5)          This paragraph does not apply in the case of a term or condition of an

 

agreement if, on an application to the court by one or both of the parties

 

to the agreement, the court directs—

 

              (a)             that this paragraph is not to apply; or

 

              (b)             that it is to apply with such modifications, or subject to the

 

payment of such compensation, as the court may specify in the

 

direction.

 

          (6)          In determining whether to give a direction under sub-paragraph (5) or

 

what modifications or compensation to specify in such a direction the

 

court must have regard to the following—

 

              (a)             whether either or both of the parties to the agreement

 

contemplated the abolition of the licensing requirements of the

 

1984 Act when they entered into the agreement; and

 

              (b)             the extent (if any) to which the provisions of this paragraph

 

represent what it would have been reasonable for the parties to

 

have agreed had they both known at that time what provision

 

was to be made by this Act and when it was to come into force.

 

          (7)         For the purposes of this paragraph references to a licence under section

 

7 of the 1984 Act include references to a licence under that section of a

 

particular description.

 

          (8)         In this paragraph “the court” means the High Court or the Court of

 

Session.”

237

Page 529, line 30, after “relevant” insert “Broadcasting Act”

238

Page 529, line 33, after “relevant” insert “Broadcasting Act”

239

Page 529, line 35, after “relevant” insert “Broadcasting Act”

240

Page 529, line 36, leave out paragraph (a)

241

Page 531, line 39, leave out from “applies” to end of line 40 and insert “where

 

OFCOM give a continuation notice to the holder of a licence granted under section

 

7 of the 1984 Act.”

242

Page 531, line 41, leave out from first “that” to “has” in line 15 on page 532 and

 

insert “a provision contained in a condition of the licence is to have effect, after the

 

abolition of licensing— 

 

              (a)                to the extent specified in the notice; and

 

              (b)                subject to such modifications (if any) as may be so specified.

 

          (2A)         OFCOM are not to give a continuation notice except to the extent that

 

they consider that provision to which it will give effect, as modified by

 

the notice, (“the continued provision”)—

 

              (a)                             regulates the provision of premium rate services; or

 

              (b)                             falls within sub-paragraph (2B).


 
 

    (  35  )

 
 

          (2B)         The continued provision falls within this sub-paragraph in so far as it

 

corresponds to provision of one or more of the following descriptions—

 

              (a)             provision that OFCOM have power to include in SMP

 

conditions;

 

              (b)             provision authorised by section 70(2) or (4) for inclusion in

 

access-related conditions;

 

              (c)             provision relating to matters mentioned in Article 16 of the

 

Universal Service Directive or Article 7 of the Access Directive.

 

          (2C)         A continuation notice relating to provision corresponding to anything

 

that OFCOM have power to include in SMP conditions—

 

              (a)             may identify the market by reference to which an SMP condition

 

replacing the provision would have to be set; and

 

              (b)             in so far as the provision corresponds to anything that OFCOM

 

have power to include only in SMP apparatus conditions, must

 

do so.

 

          (2D)         OFCOM are not to give a continuation notice relating to provision

 

corresponding to anything that OFCOM have power to include only in

 

SMP apparatus conditions except to the extent that it”

243

Page 532, line 18, leave out “that condition” and insert “the continued provision”

244

Page 532, line 18, at end insert—

 

          “(2E)         The modifications for which a continuation notice may provide—

 

              (a)             must be confined to modifications for the purpose of securing

 

that the provision to which they relate continues to have effect for

 

so long as the notice is in force; but

 

              (b)             in the case of provision which is expressed to impose a

 

requirement to be met before the abolition of licensing, may

 

include a modification under which that requirement must

 

continue to be met for so long as the notice remains in force.”

245

Page 532, line 20, leave out from beginning to “remain” in line 24 and insert—

 

              “(a)                the continued provision,

 

              (b)                every provision made by a direction, determination or consent

 

given or made for the purposes of the continued provision, and

 

              (c)                                 so far as necessary for giving effect to anything mentioned in

 

paragraph (a) or (b), every provision made by or under the

 

licence under the 1984 Act that is not so mentioned,

 

                   are to”

246

Page 532, line 27, leave out sub-paragraphs (8) to (10) and insert—

 

          “(7A)         Where the continued provision is one that OFCOM have power to

 

include only in an SMP apparatus condition, it shall be their duty, as

 

soon as reasonably practicable after giving the continuation notice—

 

              (a)             to carry out an analysis of the market which, under sub-

 

paragraph (2C), is identified in that notice;

 

              (b)             to take all other steps necessary for enabling them to decide

 

whether or not to set an SMP apparatus condition by reference to

 

that market for the purpose of replacing the continued provision;

 

and

 

              (c)             to decide whether or not to exercise their power to set such a

 

condition for that purpose.


 
 

    (  36  )

 
 

          (7B)         In the case of every other continued provision falling within sub-

 

paragraph (2B), it shall be OFCOM’s duty, as soon as reasonably

 

practicable after giving the continuation notice—

 

              (a)             to take all steps necessary for enabling them to decide whether or

 

not to set a condition of any other description under Chapter 1 of

 

Part 2 of this Act for the purpose of replacing the continued

 

provision; and

 

              (b)             to decide whether or not to exercise their power to set a condition

 

under that Chapter for that purpose.

 

          (7C)         It shall be the duty of OFCOM—

 

              (a)             as soon as reasonably practicable after making a decision

 

required by sub-paragraph (7A) or (7B), but

 

              (b)             in a case where that decision is a decision to set a condition, not

 

before the coming into force of that condition,

 

                   to give a notice under sub-paragraph (7) with respect to the continuation

 

notice.

 

          (7D)         The duties imposed by sub-paragraphs (7A) to (7C) apply only where

 

OFCOM have not previously given a notice under sub-paragraph (7)

 

with respect to the continuation notice in question.

 

          (7E)         This paragraph has effect in the case of a licence granted under section 7

 

of the 1984 Act to persons of a particular class as if—

 

              (a)             references to the holder of that licence were references to the

 

members of that class; and

 

              (b)             the manner in which a continuation notice or notice under sub-

 

paragraph (7) is to be given to members of that class were by its

 

publication in such manner as, in OFCOM’s opinion, is

 

appropriate for bringing it to the attention of the members of that

 

class who are affected by the notice.”

247

Page 533   , line 4, after first “apparatus”,” insert ““the provision of premium rate

 

services”,”

248

Page 533, line 8, at beginning insert “Sub-paragraph (1A) has effect”

249

Page 533, line 14, leave out from “2003/330)” to “in” in line 15 and insert—

 

          “(1A)         If, at any time after the commencement of section 42, OFCOM—

 

              (a)             are satisfied that a procedure has been followed in relation to the

 

proposal that satisfies the requirements of Article 7 of the

 

Framework Directive, and

 

              (b)             publish a notification to that effect in such manner as they

 

consider appropriate for bringing it to the attention of the

 

persons who, in their opinion, are likely to be affected by the

 

proposal,

 

                   the proposal (with such modifications, if any, as are specified in the

 

notification) is to have effect, from the publication of the notification,”

250

Page 533, line 45, at end insert—

 

          “( )         Section 189 applies to a decision by OFCOM to publish a notification

 

under this paragraph as it applies to a decision by them under Part 2 of

 

this Act.

 

          ( )         In this paragraph “the Framework Directive” has the same meaning as in

 

Chapter 1 of Part 2 of this Act.”

251

Page 534, leave out line 39 and insert—


 
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