Digital Economy Bill [HL]

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

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Radio multiplex services: frequency and licensed area
After section 54 of the Broadcasting Act 1996 insert—
“54A
Variation of radio multiplex licences: frequency or licensed area
(1)
OFCOM may, if the requirements of subsections (3) to (5) are met, vary
a national radio multiplex licence by extending the area in which the
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licensed service is required to be available.
(2)
OFCOM may, if the requirements of subsections (3) to (6) are met, vary
a local radio multiplex licence by—
(a)
varying the frequency on which the licensed service is required
to be provided,
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(b)
reducing the area or locality in which the licensed service is
required to be available, or
(c)
extending that area or locality to include an adjoining area or
locality.
(3)
OFCOM must have received an application for the variation from the
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licence holder.
(4)
The application must include a technical plan relating to the service
proposed to be provided under the licence indicating, in particular—
(a)
the area or locality which would be within the coverage area of
the service,
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(b)
the timetable in accordance with which that coverage would be
achieved, and
(c)
the technical means by which it would be achieved.
(5)
Before deciding whether to grant the application, OFCOM must
publish a notice specifying—
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(a)
the proposed variation of the licence, and
(b)
a period in which representations may be made to OFCOM
about the proposal.
(6)
In the case of a local radio multiplex licence, OFCOM may vary the
licence in accordance with the application only if they are satisfied that
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doing so would not unacceptably narrow the range of programmes
available by way of local digital sound programme services to persons
living in the area or locality for which, before the proposed variation,
the local radio multiplex service is required to be available.”
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Renewal of radio multiplex licences
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(1)
After section 58 of the Broadcasting Act 1996 insert—
“58A
Renewal of radio multiplex licences: supplementary
(1)
The Secretary of State may by regulations—
(a)
amend section 58, and
(b)
make further provision about the renewal of radio multiplex
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licences.
(2)
The regulations may, in particular, make provision about—
(a)
the circumstances in which OFCOM may renew a radio
multiplex licence,

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(b)
the period for which a licence may be renewed,
(c)
the information that OFCOM may require an applicant for
renewal of a licence to provide,
(d)
the requirements that must be met by such an applicant,
(e)
the grounds on which OFCOM may refuse an application for
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renewal of a licence,
(f)
payments to be made in respect of a licence following its
renewal, and
(g)
further conditions to be included in a licence following its
renewal.
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(3)
The regulations may, in particular, amend or modify this Part of this
Act.
(4)
A statutory instrument containing the regulations may not be made
unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.
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(5)
The power to make regulations under this section may not be exercised
after 31 December 2015 (but this does not affect the continuation in
force of any regulations made under this section before that date).”
(2)
In section 72(1) of that Act (interpretation of Part 2), before the definition of
“radio multiplex service” insert—
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““radio multiplex licence” means a licence to provide a radio
multiplex service;”.
Regulation of television and radio services
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Application of regulatory regimes to broadcasters
In section 263 of the Communications Act 2003 (application of regulatory
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regimes to broadcasters), for subsection (4) substitute—
“(4)
The Secretary of State may by order provide for—
(a)
a condition included by virtue of this Act in a regulatory regime
to be excluded from the regime;
(b)
a condition excluded from a regulatory regime by an order
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under this subsection to be included in the regime again.
(4A)
An order under subsection (4) may, in particular, provide for a
condition to be included or excluded for a period specified in the
order.”
Access to electromagnetic spectrum
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Payment for licences
(1)
Section 12 of the Wireless Telegraphy Act 2006 (charges for grant of licence) is
amended as follows.
(2)
In subsection (5) at the end insert “, but this is subject to subsection (6).”

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(3)
After subsection (5) insert—
“(6)
Regulations under or for the purposes of subsection (1)(b), so far as it
relates to payments during the term of a licence, may be made so as to
apply in relation to a licence granted in accordance with regulations
under section 14, but only in the following cases—
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(a)
where provision included in the licence with the consent of the
holder of the licence provides for the regulations to apply;
(b)
where the licence includes terms restricting the exercise by
OFCOM of their power to revoke the licence before the end of a
period and that period has expired;
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(c)
where the licence would, but for a variation, have ceased to
have effect at the end of a period and that period has expired;
(d)
where the licence is a surrendered-spectrum licence.
(7)
Provision may not be made by virtue of subsection (6)(c) or (d) without
the consent of the Secretary of State.
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(8)
A wireless telegraphy licence is a “surrendered-spectrum licence” if —
(a)
it is granted under arrangements involving (before the grant or
later) the variation, revocation or expiry of another wireless
telegraphy licence;
(b)
the arrangements are with a view to enabling the holder of that
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other licence to comply with a limit applying to frequencies in
respect of which a person may hold licences; and
(c)
it authorises the use after that variation, revocation or expiry of
a frequency whose use until then was or is authorised by that
other licence.
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(9)
In relation to a surrendered-spectrum licence there may be more than
one such other licence (“predecessor licence”) and a licence may be a
predecessor licence to more than one surrendered-spectrum licence.”
(4)
Section 14 of the Wireless Telegraphy Act 2006 (bidding for licences) is
amended as follows.
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(5)
In subsection (5) after “those sums must” insert “, subject to subsection (5A),”.
(6)
After subsection (5) insert—
“(5A)
The regulations may, with the consent of the Secretary of State, make
provision permitting or requiring a surrendered-spectrum licence to
which the regulations apply to include—
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(a)
provision requiring all or part of a sum that would otherwise be
payable to OFCOM under subsection (5) to be paid to a person
who was or is the holder of a predecessor licence;
(b)
provision requiring a sum in addition to that payable to
OFCOM under subsection (5) to be paid to such a person;
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(c)
provision specifying any such sum or part or the method for
determining it.”
(7)
After subsection (8) insert—
“(9)
In subsection (5A) “surrendered-spectrum licence” and “predecessor
licence” have the meaning given by section 12(8) and (9).”
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Enforcement of licence terms etc
(1)
In Chapter 4 of Part 2 of the Wireless Telegraphy Act 2006 (enforcement of
regulation of radio spectrum) after section 43 insert—
“43A
Special procedure for contraventions of certain provisions
(1)
OFCOM may impose a penalty on a person if—
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(a)
that person is or has been in contravention in any respect of a
provision, term or limitation of a wireless telegraphy licence;
(b)
OFCOM have notified that person that it appears to them that
the provision, term or limitation has been contravened in that
respect;
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(c)
this section applies to that contravention by virtue of provision
included in the licence; and
(d)
that contravention is not one in respect of which proceedings
for an offence under this Chapter have been brought against
that person.
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(2)
A licence may provide in accordance with subsection (1)(c) that this
section applies to the contravention of a provision, term or limitation
only if it appears to OFCOM that a direction under section 5 requires
the provision, term or limitation to be included in the licence.
(3)
Where OFCOM impose a penalty on a person under this section, they
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must—
(a)
notify that person of that decision and of their reasons for that
decision; and
(b)
in that notification, fix a reasonable period after it is given as the
period within which the penalty is to be paid.
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(4)
A penalty imposed under this section—
(a)
must be paid to OFCOM; and
(b)
if not paid within the period fixed by them, is to be recoverable
by them accordingly.
(5)
No proceedings for an offence under this Chapter may be commenced
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against a person in respect of a contravention in respect of which a
penalty has been imposed by OFCOM under this section.
(6)
The amount of a penalty imposed under this section is to be such
amount not exceeding 10 per cent of the relevant amount of gross
revenue as OFCOM think—
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(a)
appropriate; and
(b)
proportionate to the contravention in respect of which it is
imposed.”
(2)
In section 44 of that Act (relevant amount of gross revenue), in subsections (1)
and (10), after “43” insert “or 43A”.
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(3)
In section 400 of the Communications Act 2003 (destination of licence fees and
penalties), in subsection (1)(d), after “42” insert “or 43A”.