Digital Economy Bill [HL]

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

Digital Economy Bill [HL]
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Independent radio services
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Digital switchover
(1)
In section 86(6) of the Broadcasting Act 1990 (varying licences under Part 3), for
“section 110(1)(b)” substitute “section 97B or 110(1)(b)”.
(2)
After section 97 of that Act insert—
5
“Digital switchover
97A
Date for digital switchover
(1)
The Secretary of State may give notice to OFCOM nominating a date for
digital switchover for the post-commencement services specified or
described in the notice.
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(2)
When nominating a date, or considering whether to nominate a date,
the Secretary of State must have regard to any report submitted by
OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996
(review of digital radio broadcasting).
(3)
The Secretary of State—
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(a)
may nominate different dates for different services, and
(b)
may give notice to OFCOM withdrawing a nomination under
this section.
(4)
In this section and section 97B—
“date for digital switchover”, in relation to a post-commencement
20
service, means a date after which it will cease to be appropriate
for the service to continue to be provided in analogue form;
“post-commencement service” means a local service, national
service or additional service that is provided under a licence
that—
25
(a)
was granted on or after the day on which this section
comes into force, or
(b)
has been renewed under section 103B or 104AA.
97B
Variation of licence period after date for digital switchover nominated
(1)
This section applies if the Secretary of State has nominated a date for
30
digital switchover for a post-commencement service (and has not
withdrawn the nomination).
(2)
If the period for which the licence to provide the post-commencement
service is to continue in force ends after the date for digital switchover,
OFCOM must by notice vary the licence so that the period ends on or
35
before that date, subject to subsection (3).
(3)
OFCOM may not reduce the period so that it ends less than 2 years after
the day on which they issue the notice, unless the licence holder
consents to such a reduction.
(4)
If the period for which the licence to provide the post-commencement
40
service is to continue in force ends on or before the date for digital
switchover, OFCOM may not vary the licence so that the period ends
after that date.”

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(3)
In section 199(5) of that Act (publication of notices by OFCOM), after “55,”
insert “97B,”.
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Renewal of national radio licences
(1)
In section 103A of the Broadcasting Act 1990 (renewal of national licences), in
subsection (1), after “renewed” insert “under this section”.
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(2)
After that section insert—
“103B
Further renewal of national licences
(1)
A national licence may be renewed under this section on one occasion
for a period of not more than 7 years beginning with the date of renewal
(“the renewal period”) (subject to the following provisions of this
10
section).
(2)
Subsections (2) to (9), (11) and (12) of section 103A apply in relation to
the renewal of a licence under this section as they apply in relation to
the renewal of a licence under section 103A, subject to subsection (3).
(3)
Those provisions apply in relation to the renewal of a licence under this
15
section as if the following were omitted—
(a)
subsection (4)(b),
(b)
in subsection (4)(c), the words from “or OFCOM” to the end,
(c)
subsection (6)(a),
(d)
subsection (8)(a), and
20
(e)
subsection (9)(c).
(4)
Where OFCOM renew a licence under this section they must include in
the licence as renewed a condition requiring the licence holder to do all
that the licence holder can to secure the broadcasting of a simulcast
radio service in digital form throughout the renewal period.”
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(3)
Section 103A(12) of the Broadcasting Act 1990 (as applied by section 103B of
that Act) does not prevent the determination of a date falling less than one year
after the making of the determination where—
(a)
the Office of Communications consider that the relevant date for the
purposes of that section (as applied) is a date which is not more than 15
30
months after the day on which this section comes into force, and
(b)
the determination is made as soon as practicable after that day.
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Renewal and variation of local radio licences
(1)
In section 104A of the Broadcasting Act 1990 (renewal of local licences)—
(a)
in subsection (1), after “renewed” insert “under this section”, and
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(b)
after that subsection insert—
“(1A)
A local licence may be renewed under this section only if it is
granted before the day on which section 104AA comes into
force.”

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(2)
After that section insert—
“104AA
Further renewal of local licences
(1)
A local licence may be renewed under this section on one occasion for
a period of not more than 7 years beginning with the date of renewal
(subject to the following provisions of this section and section 104AB).
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(2)
A local licence may be renewed under this section only if—
(a)
it has been renewed under section 104A, or
(b)
it is granted on or after the day on which this section comes into
force.
(3)
Subsections (3) to (12), (13) and (14) of section 104A apply in relation to
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the renewal of a licence under this section as they apply in relation to
the renewal of a licence under section 104A, subject to subsections (4)
and (5).
(4)
Section 104A(3) (as applied) has effect as if the words “Subject to
subsection (2)” were omitted.
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(5)
In the case of an approved licence, if an applicant for renewal of the
licence under this section makes a national nomination in accordance
with section 104AB, section 104A (as applied) has effect as if—
(a)
subsections (4) and (13)(b) were omitted,
(b)
references to the nominated local digital sound programme
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service were references to the national digital sound
programme service nominated under section 104AB, and
(c)
references to the nominated local radio multiplex service were
references to the national radio multiplex service nominated
under section 104AB.
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(6)
In this section and sections 104AB and 104AC—
“approved licence” means a local licence approved by OFCOM for
the purposes of this section;
“local digital sound programme service”, “local radio multiplex
service”, “national digital sound programme service” and
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“national radio multiplex service” have the same meanings as in
Part 2 of the Broadcasting Act 1996.
(7)
Before approving a licence for the purposes of this section, OFCOM
must publish a document specifying—
(a)
the licence proposed to be approved, and
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(b)
a period in which representations may be made to OFCOM.
104AB
Renewal under section 104AA: nomination of national services
(1)
For the purposes of section 104AA, a “national nomination” by an
applicant for the renewal of an approved licence is the nomination of—
(a)
a national digital sound programme service provided or to be
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provided by the applicant, and
(b)
a national radio multiplex service.
(2)
A national nomination must be made in the application for the renewal
of the approved licence or before OFCOM consider the application.

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(3)
The applicant may not nominate a national digital sound programme
service unless OFCOM are satisfied that, if the application in question
were granted, the programmes included in that service in each calendar
month would include at least 80% of the programmes included in the
service provided under the approved licence.
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(4)
A national nomination must specify the other approved licences (if
any) in relation to which, in reliance on the nomination, an application
may be made under section 104AC.
104AC
Variation of conditions relating to digital services
(1)
This section applies where—
10
(a)
a licence that is an approved licence has been renewed under
section 104A and includes a local digital services condition,
(b)
an application has been made under section 104AA for the
renewal of another approved licence and the applicant has
made a national nomination under section 104AB, and
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(c)
the nomination specifies the licence mentioned in paragraph (a)
in accordance with section 104AB(4).
(2)
OFCOM may, if the requirements of subsections (3) and (4) are met,
vary the licence mentioned in subsection (1)(a) by—
(a)
removing the local digital services condition, and
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(b)
adding a national digital services condition.
(3)
OFCOM must have received an application for the variation from the
licence holder.
(4)
OFCOM must be satisfied that, if they varied the licence, the
programmes included in the nominated national digital sound
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programme service in each calendar month would include at least 80%
of the programmes included in the service provided under that licence.
(5)
In this section—
“local digital services condition” means a condition requiring the
licence holder to do all that the licence holder can to ensure that
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a local digital sound programme service is broadcast by means
of a local radio multiplex service;
“national digital services condition” means a condition requiring
the licence holder to do all that the licence holder can to ensure
that the nominated national digital sound programme service is
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broadcast by means of the nominated national radio multiplex
service until the day on which the licence (as renewed under
section 104A) is to expire;
“nominated” means nominated in the nomination referred to in
subsection (1)(b).”
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(3)
Section 104A(14) of the Broadcasting Act 1990 (as applied by section 104AA of
that Act) does not prevent the determination of a date falling less than one year
after the making of the determination where—
(a)
the Office of Communications consider that the relevant date for the
purposes of that section (as applied) is a date which is not more than 15
45
months after the day on which this section comes into force, and
(b)
the determination is made as soon as practicable after that day.

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(4)
The requirement under section 104AA(7) of the Broadcasting Act 1990 may be
satisfied by the publication of a document before this section comes into force.
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Variation of licence period following renewal
(1)
In section 86(6) of the Broadcasting Act 1990 (variation of licence period etc),
after “section 97B” (inserted by section 31) insert “, 105A”.
5
(2)
Before section 106 (but after the heading preceding that section) insert—
“105A
Variation of licence period following renewal
(1)
This section applies if the Secretary of State—
(a)
has not nominated a date for digital switchover under section
97A for one or more relevant renewed services, or
10
(b)
has withdrawn the nomination of such a date and has not
nominated another such date under that section.
(2)
The Secretary of State may give notice to OFCOM fixing a date (the
“termination date”) in relation to that service or such of those services
as are specified or described in the notice.
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(3)
The Secretary of State may fix different dates for different services but
may not fix a date falling before 31 December 2015.
(4)
If the period for which a licence to provide a relevant renewed service
is to continue in force ends after the termination date fixed for the
service, OFCOM must by notice vary the licence so that the period ends
20
on or before that date, subject to subsection (5).
(5)
OFCOM may not reduce the period so that it ends on a day falling less
than 2 years after the date on which they issue the notice, unless the
licence holder consents to such a reduction.
(6)
If the period for which a licence to provide a relevant renewed service
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is to continue in force ends on or before the termination date fixed for
the service, OFCOM may not vary the licence so that the period ends
after that date.
(7)
“Relevant renewed service” means a national service provided under a
licence that has been renewed under section 103B or a local service
30
provided under a licence that has been renewed under section 104AA.”
(3)
In section 199(5) of that Act (publication of notices by OFCOM), after “103,”
insert “105A,”.
(4)
If on 31 December 2012, in relation to a relevant renewed service (as defined in
section 105A(7) of the Broadcasting Act 1990)—
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(a)
section 105A of that Act applies, but
(b)
the Secretary of State has not given a notice under that section,

the Secretary of State must, before 31 December 2013, consider whether to give
a notice under that section in relation to that service.
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Content and character of local sound broadcasting services
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(1)
In section 106(1A) of the Broadcasting Act 1990 (conditions relating to

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departures from character of licensed service), after paragraph (d) insert “; or
(e)
that, in the case of a local licence—
(i)
the departure would result from programmes included
in the licensed service ceasing to be made at premises in
the area or locality for which the service is provided, but
5
(ii)
those programmes would continue to be made wholly
or partly at premises within the approved area (as
defined in section 314 of the Communications Act 2003
(local content and character of services)).”
(2)
Section 314 of the Communications Act 2003 (local content and character of
10
local sound broadcasting services) is amended as follows.
(3)
In subsection (1), in paragraph (a), omit the words from “but” to “that case”.
(4)
After that subsection insert—
“(1A)
Paragraphs (a) and (b) of subsection (1) apply in the case of each local
sound broadcasting service only if and to the extent (if any) that
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OFCOM consider it appropriate in that case.”
(5)
In subsection (7)—
(a)
before the definition of “local material” insert—
““approved area”, in relation to programmes included in a
local sound broadcasting service, means an area
20
approved by OFCOM for the purposes of this section
that includes the area or locality for which the service is
provided;”, and
(b)
in the definition of “locally-made”, at the end insert “or, if there is an
approved area for the programmes, that area”.
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(6)
After subsection (8) insert—
“(9)
Before approving an area for the purposes of this section, OFCOM must
publish a document specifying—
(a)
the area that they propose to approve, and
(b)
a period in which representations may be made to OFCOM
30
about the proposals.
(10)
OFCOM may withdraw their approval of all or part of an area at any
time if the holder of the licence to provide the local sound broadcasting
service concerned consents.
(11)
Where OFCOM approve an area or withdraw their approval of an area,
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they must publish, in such manner as they consider appropriate, a
notice giving details of the area.”
(7)
The requirement under section 314(9) of the Communications Act 2003 may be
satisfied by the publication of a document before this section comes into force.