|
| |
| | ( 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— |
|
