House of Lords - Explanatory Note
Communications Bill - continued          House of Lords

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Direction to licensee to take remedial action

926.     Clause 233 concerns the enforcement of licences to provide television licensable content services. In the published draft Bill, the contravention by the licence holder of a condition of a licence could have been remedied, where appropriate and without prejudice to the imposition of a financial penalty, by a direction to the broadcaster by OFCOM to include an apology or correction in the licensed service. This power presently exists elsewhere in the broadcasting legislation, too: see sections 40 and 109 of the 1990 Act, for example.

927.     The JCHR (see paragraphs 41 and 42 of their Report) considered that such provisions could violate Article 10(1) (which amongst other things guarantees a right to hold opinions). In the Government's view, the provision as drafted was compatible: as the JCHR recognised, it serves a legitimate purpose. Also, the power incorporates a right for the broadcaster to make representations to OFCOM before a direction is given, and permits him or her to distance himself or herself from the apology by announcing that it is being given pursuant to a direction. In any event, OFCOM, as a public authority, would be required by the Human Rights Act 1998 to exercise the power in a manner compatible with the broadcaster's rights under Article 10. Nevertheless, having regard to the JCHR's concerns, the Bill will replace the power to direct that an apology be given with a power to direct that OFCOM's findings on a licence contravention be published. The power to order a correction to be broadcast is to be retained. Similar powers in existing legislation will also be changed.

Penalties and other regulatory sanctions on broadcasters: procedural safeguards

928.     The JCHR were concerned about what they saw as the lack of procedural safeguards available to broadcasters when OFCOM make directions under clause 233 and other powers in the broadcasting legislation (e.g. sections 40 and 109 of the 1990 Act) to direct an apology to be given, and also when applying other sanctions, such as the imposition of a financial penalty or the revocation of a licence (e.g. clauses 234 to 236 and 247(3) of the Bill and see also provisions of the existing legislation such as sections 41, 42, 110 and 111 of the 1990 Act and 17, 23, 27, 59, 62 and 66 of the 1996 Act). They considered that the protections offered by the Bill were inadequate and did not meet the standards set by Article 6 (right to a fair hearing before an independent and impartial tribunal).

929.     In the Government's view the Bill as drafted is compatible with the ECHR. It is accepted that at least some OFCOM decisions in the areas mentioned above are likely to engage licensees' rights under Article 6 and that OFCOM will need to establish appropriate internal procedures for handling alleged breaches of conditions and for giving practical effect to broadcasters' rights to have a reasonable opportunity to make representations, but there is no reason to think that OFCOM will fail in that respect, and there could be disadvantages in tying OFCOM's hands by laying down statutory procedures that could deprive them of valuable flexibility. Such procedures, coupled with the availability of judicial review, would in the Government's view be found to meet the standards set by Article 6.

Negative content controls and ensuring standards of fairness and privacy

930.     Clauses 312 to 318 concern the negative content controls that are applied to all television and radio services. Such controls (and the penalties available for their breach) are in principle an interference with the freedom to receive and impart information which is protected by Article 10(1), but that right is not absolute. The securing of the objectives set out in clause 312(2) is a fundamental aspect of the regulation of broadcasting in the UK and serves, in particular, the purposes of preventing crime or disorder, protecting health or morals, and protecting the reputation or rights of others (including their right to receive information and ideas). The Government believe that these powers are justifiable within the terms of Article 10(2). The same goes for OFCOM's powers (which will be transferred to it from the Broadcasting Standards Commission under the Bill) under Part 5 of the 1996 Act to consider and adjudicate upon complaints relating to unfair or unjust treatment in programmes, or unwarranted infringements of privacy.

Objectives for advertisements and sponsorship

931.     Clause 314 imposes a duty on OFCOM to secure a general prohibition on political advertising and advertising related to industrial disputes in the broadcast media. The ECHR position with respect to this clause is set out in more detail in the explanatory note to clause 314 above.

Proscription of television and radio channels

932.     Clauses 322 to 325 contain powers for the Secretary of State to proscribe television and radio channels that are not licensed in the UK if they repeatedly contain material that is offensive or incites crime or disorder. These provisions constitute a potential interference with rights under Article 10, but these powers are, in the Government's view, compatible with the ECHR, since the kinds of programme content against which a proscription order may be made correspond to objectives that are legitimate under Article 10(2), and these powers are proportionate to those objectives.

Government control over licensed services

933.     Clause 329 allows a Minister of the Crown to require OFCOM to issue a direction to a licence holder to include a specified announcement in their service, or to require OFCOM to direct a licence holder to refrain from including a matter in a service. In complying, the licence holder may state that the announcement (or, conversely, the matter which has not been broadcast) has been made (or omitted) as a result of the giving of a Government direction. The JCHR and the Joint Committee on the Draft Communications Bill expressed concerns as to the scope of the power, indicating that it engages the right to freedom of expression under Article 10 and the right to property under Article 1 of the First Protocol.

934.     The Government's view is that that it is neither necessary nor appropriate further to delimit the exercise of the power. The clear effect of section 6 of the Human Rights Act 1988 is that the power may only be exercised in compliance with the ECHR. In particular, the Minister would have to have regard to the restrictions permitted under Article 10(2) of the ECHR and the proportionality of any restrictions imposed. By its nature it is not possible exhaustively to set out the circumstances in which the power could, in future, be exercised (but the fact that it appears to have been used only once to date illustrates the care with which it has been exercised). It should also be noted that broadcasters are explicitly enabled to state clearly that the matter arises out of a Ministerial direction and thus are able to dissociate themselves from editorial responsibility.

TV licence fees

935.     Clause 358 allows the Secretary of State - subject to obtaining the consent of the Treasury - to make regulations setting the fees payable by licensees to the BBC (i) on the issue or renewal of a TV licence; and (ii) in such other circumstances as the Secretary of State provides for in the regulations. Regulations may also allow for concessions, and provide for payment of the licence fee by instalments.

936.     It has been suggested that the present regime (which is substantially re-enacted in the Bill) may not be compatible with Article 10 of the ECHR, and in particular that the licence fee is an unjustifiable interference with the right to receive information and ideas without interference by public authority. The Government's view is that it is entitled as part of its wider broadcasting policy to arrange for the funding of the BBC by way of the licence fee, with the aim of ensuring high quality, distinctive and wide ranging broadcasting within the UK, without interference from advertisers and related commercial pressures. The Government is satisfied that the licence fee is compliant with the ECHR.

Media ownership: general

937.     For the most part, the effect of the Bill will be to relax the disqualifications and other restrictions that the existing legislation (notably Schedule 2 to the 1990 Act) imposes in relation to the holding of broadcasting licences. Those that will be retained are, in the Government's view, compatible with the ECHR, for the following reasons.

938.     Such disqualifications and other restrictions in principle engage rights under Article 10, since they affect a person's ability to become a licensed broadcaster (and it is an offence to be a broadcaster without a licence) and so can interfere with his or her freedom to impart information and ideas. They can also correspondingly affect potential viewers' and listeners' freedom to receive that information or those ideas. The partial disqualification for religious bodies also raises issues under Article 9 (freedom of thought, conscience and religion, including a freedom to manifest one's religion).

Ownership by religious bodies

939.     Clause 340 modifies the rules that disqualify religious bodies from holding certain broadcasting licences. The Bill will relax the current rules so as to allow religious bodies to apply for a wider range of licences. Under the Bill, in addition to those currently permitted by the legislation, such bodies would be able to apply for a digital television programme services licence (allowing them to broadcast on television multiplexes) or a local or national digital sound programme licence. They will also be able to hold restricted television licences (permitting broadcasting to a particular establishment or event) and digital additional services licences (on television or radio multiplexes). Religious bodies will still be unable to hold national analogue radio licences, radio or television multiplex licences, licences to provide the nationwide analogue television broadcasting services or analogue television additional services.

940.     The Government's view is that the retention of the disqualification for religious bodies to the extent proposed by the Bill is compatible with the ECHR. The aim of the ban (as summarised by the European Court of Human Rights in ruling inadmissible the challenge brought against the ban in the UK by United Christian Broadcasters) is—

"to promote the efficient use of scarce resources i.e. radio spectrum in order to safeguard pluralism in the media, cater for a variety of tastes and interests and avoid discrimination as between the many different religions practised in the United Kingdom."

941.     The Government are satisfied that the less wide-ranging ban proposed by the Bill pursues a legitimate objective in a proportionate manner and is compatible with the ECHR.

Other ownership restrictions

942.     Schedule 14 contains other rules limiting the ownership of broadcasting licences. One aim of such rules is to protect the plurality of ownership in the broadcast media, including where the ownership of broadcast and printed media impinge upon each other. Although such rules can in principle interfere with the freedom to receive and impart information and ideas that is guaranteed by Article 10, they serve also to promote and protect the rights of others to exercise those freedoms. The Government are of the view that the rules that the Bill (or orders made under it) will create or maintain are necessary in a democratic society and proportionate to the aims stated, and are therefore compatible with the ECHR.


943.     The provisions of the Bill and the Schedules will be brought into force on a day or days appointed by commencement order of the Secretary of State, save for clauses 27(1), 394 and 399, which will come into force upon Royal Assent.


The following is a list of expressions defined in the Bill, and the clauses and Schedules in which those definitions are to be found.

Defined Term:Clause/Schedule:Applies to:
"the 1984 Act"Paragraph 60, Schedule 18Schedule 18
"the 1990 Act"398(1) the Bill
"the 1996 Act"398(1) the Bill
"the abolition of licensing"Paragraph 60, Schedule 18Schedule 18
"access"398(1) the Bill
"access contract"84(12) Section 84
"the Access Directive"148(1) Part 2, Chapter 1
Paragraph 7(12), Schedule 18Schedule 18
"access radio licence"352(4)Section 352
"access-related condition"148(1) Part 2, Chapter 1
"accounting period"174(8) Section 174
"additional radio service"355(1) Part 3
"additional television service"355(1) Part 3
"adoption"148(1) Part 2, Chapter 1
"the alleged offender"Paragraph 7(1), Schedule 6Paragraph 7, Schedule 6
"allocation"147(1)Part 2, Chapter 1
"alteration"131(8)Section 131
"analogue teletext service"355(1)Part 3
"ancillary service"355(1)Part 3
"apparatus"398(1) the Bill
"apparatus market"43(9)Section 43
"apparatus for wireless telegraphy"171(8)Section 171
Paragraph 8, Schedule 5Schedule 5
"the application date"224(8)Section 224
"application programme interface"71(3)Section 71
"appropriate network"268(7)Section 268
Paragraph 5(8), Schedule 12Paragraph 5, Schedule 12
"the appropriate percentage"214(7)Section 214
225(8)Section 225
250(12)Section 250
339(4)Section 339
393(7)Section 393
Paragraph 7(7), Schedule 10Paragraph 7, Schedule 10
"approval"50(6)Section 50
51(8)Section 51
"approve"50(6)Section 50
51(8)Section 51
"approved"50(6) Section 50
51(8)Section 51
"approved networking arrangements"287(9)Section 287
"arrangements"Paragraph 10, Schedule 9Schedule 9
"arrangements proposed by OFCOM"Paragraph 9(5), Schedule 11Paragraph 9(5), Schedule 11
"assistance for disabled people"355(1)Part 3
"associated facility"29(3) the Bill
398(1) the Bill
"the Authorisation Directive"Paragraph 11(8), Schedule 18Paragraph 11(7), Schedule 18
"authorised person"Paragraph 3(4), Schedule 6Paragraph 3 of Schedule 6
"available for reception by members of the general public"354 Part 3
355(1) Part 3
"the BBC"398(1) the Bill
"BBC company"355(1) Part 3
"the BBC's services"195(9) Section 195
"body"398(1)Section 398
"broadcast"398(1) the Bill
"Broadcasting Act licence"398(1)the Bill
"Broadcasting Act powers"310(1)Section 310
"broadcasting provision"311(5)Section 311
"business"398(1) the Bill
"business premises"230(9) Section 230
245(8) Section 245
"C4C"398(1) the Bill
"C4 company"354(1) Part 3
"cable package"323(4)Section 323
324(6)Section 324
325(10)Section 325
"cash bid amount"339(4)Section 339
393(7)Section 393
"Channel 3"354(1) Part 3
"Channel 3 programmes"281(5) Section 281
"a Channel 3 service"355(1) Part 3
"Channel 4"355(1) Part 3
"Channel 4 licence"292(3)Section 292
"Channel 5"355(1) Part 3
"charging year"35(12) Sections 35 and 36
"code operator"Paragraph 1, Schedule 4Schedule 4
"the commencement day"342(6)Section 342
"communications functions"19(5) Section 19
"communications provider"398(1) the Bill
"communications service"Paragraph 1(1), Schedule 17Schedule 17
"competition test"Paragraph 15, Schedule 11Schedule 11
"conditional access system"72(3) Sections 72 and 73
"conduit"103(7)Section 103
"conduit system"Paragraph 1(2), Schedule 17Paragraph 1, Schedule 17
"connected person"Paragraph 14(5), Schedule 10Paragraph 14, Schedule 10
"connected services"309(4)Section 309
"the Consumer Panel"15(2) the Bill
398(1) the Bill
"consumers"398(1)the Bill
"Content Board"11(1) the Bill
398(1) the Bill
"a content service"29(7) Section 29(2)
"contravening provider"99(6)Section 99
139(6)Section 139
"the contravening provider"39(1)Section 39
95(1)Section 95
97(1) Section 97
121(1)Section 121
137(1)Section 137
"contravening supplier"99(6)Section 98 and 99
139(6)Section 139
"the contravening supplier"98(1)Section 98
"contravention"398(1) the Bill
"controlled"355(6) Section 355
"the court"Paragraph 13(11), Schedule 11Paragraph 13, Schedule 11
"customers"398(1) the Bill
"the decision-maker"192(9)Section 192
"the defaulter"Paragraph 13(1), Schedule 11Paragraph 13, Schedule 11
"defendant"171(1)Section 171
"designated organisation"326(6)Section 326
Paragraph 17(7), Schedule 12Paragraph 17, Schedule 12
"designated universal service provider"148(1) Part 2, Chapter 1
"digital additional sound service"355(1) Part 3
"digital additional television service"355(1) Part 3
"the digital public teletext service"355(1) Part 3
"digital sound programme service"355(1) Part 3
"digital television programme service"355(1) Part 3
"the Directives"Paragraph 11(7), Schedule 18Paragraph 11, Schedule 18
"the Director"Paragraph 60, Schedule 18Schedule 18
"director"397(3) Section 397
"disabled"24(5) Section 24
330(7) Section 330
Paragraph 21(6), Schedule 12Paragraph 21, Schedule 12
"disaster"48(7) Section 48
"dispute procedures"51(8)Section 51
"distribute"398(1)Section 398
"document"388(9)Section 388
"domestic and small business customer"15(11) Section 15
49(6) Section 49
50(6)Section 50
51(8)Section 51
"the dominant provider"84(1) Sections 84 to 86
"the dominant supplier"90(1)Section 90
"EEA State"355(1) Part 3
"electro-magnetic interference"4786) Section 48
"electronic communication"53(10) Sections 53 and 54
54(3)Section 54
"electronic communications apparatus"Paragraph 1(1), Schedule 17Schedule 17
"the electronic communications code"103(1) Part 2, Chapter 1
148(1) Part 2, Chapter 1
"electronic communications code"Paragraph 1(1), Schedule 17Schedule 17
Paragraph 15(7), Schedule 18Paragraph 15, Schedule 18
"electronic communications code network"Paragraph 1(1), Schedule 17Schedule 17
"electronic communications code operator"Paragraph 1(1), Schedule 17Schedule 17
"electronic communications network"29(1) the Bill
398(1) the Bill
Paragraph 1(1), Schedule 17Schedule 17
"electronic communications service"29(2) the Bill
398(1) the Bill
Paragraph 1(1), Schedule 17Schedule 17
"electronic programme guide"15(11)Section 15
71(3)Section 71
229(3) Section 229
298(11) Section 298
304(6) Section 304
305(2)Section 305
"eligible person"217(4)Section 217
"enactment"398(1)the Bill
"the enactments relating to broadcasting"20(5) Section 20
400(5)Section 400
"enactments relating to the management of the radio spectrum"398(1) the Bill
"end-to-end connectivity"71(3) Section 71
"end-user"148(1) Part 2, Chapter 1
268(7)Section 268
Paragraph 5(10), Schedule 12Paragraph 5, Schedule 12
"enforcement powers"Paragraph 11(6), Schedule 18Paragraph 11, Schedule 18
"European Court"Paragraph 6(8), Schedule 11Paragraph 6, Schedule 11
"existing licence"212(1)Section 212
"the existing licence"222(8) Section 222
218(1)Section 218
"the existing service"218(11)Section 218
"fairness complaint"Paragraph 49(3), Schedule 18Paragraph 49, Schedule 18
"fair trading objective"
"financial year"394(7)Section 394
"the first notional expiry date"222(7)Section 222
"the first three Community principles"
"the Framework Directive"4(12) Section 4
148(1) Part 2, Chapter 1
194(3)Section 194
"former PTO"Paragraph 1(1), Schedule 17Schedule 17
"the former operator"114(1) the Bill
"former renewal date"
225(8)Section 225
"formerly regulated radio service"248(5) Section 248
"formerly regulated television service"237(5) Section 237
"frequency"398(1) the Bill
"general condition"148(1) Part 2, Chapter 1
"general duties"3(8) Section 3
"general multiplex licence"172(5)Section 172
"general multiplex service"355(1) Section 355
"gross revenue"174(8) Section 174
"hardwired"90(4)Section 90
"holder"398(1)the Bill
"information"398(1) the Bill
"initial expiry date"221Section 221
"installation"402(7)Section 402
"intelligible"398(1) the Bill
"intended audience"268(7)Section 268
269(7)Section 269
270(10)Section 270
Paragraph 5(8), Schedule 12Schedule 12
"international meetings about communications"19(5) Section 19
"international obligation of the United Kingdom"398(1) the Bill
"interconnection"148(1) Part 2, Chapter 1
"interference"152(2) Section 152
"the ITC"Paragraph 60, Schedule 18Schedule 18
"land"Paragraph 5(8), Schedule 4Paragraph 5, Schedule 4
"lease"131(8)Section 131
"leased line"89(4)Section 89
"legal proceedings"184(5)Section 184
386(12)Section 386
"licence condition"Paragraph 7(2), Schedule 18Paragraph 7, Schedule 18
"licence period"225(8)Section 225
Paragraph 10, Schedule 9Schedule 9
Paragraph 13, Schedule 10Schedule 10
"licensable service"203(7)Section 203
"licensed public service channel"357(1) Part 3
"licensed service"309(4)Section 309
"licensed television service"268(7)Section 268
269(7)Section 269
270(10)Section 270
"licensing period"225(8)Section 225
226(6)Section 226
227(7)Section 227
"listed provision"398(9)Section 399
"LLU notification"Paragraph 6(4), Schedule 18Paragraph 6, Schedule 18
"local advertisement"307(9)Section 307
"local authority"145(3)Section 145
"local Channel 3 service"282(7)Section 282
"local digital sound programme licence"355(1)Part 3
"local digital sound programme service"355(1)Part 3
"local enactment"399(7)Section 399
"locally-made"307(9)Section 307
"local material"307(9)Section 307
"local programme"282(7)Section 282
"local radio multiplex licence"355(1)Section 355
"local radio service"313(7) Section 313
"local sound broadcasting licence"355(1)Section 355
"local sound broadcasting service"355(1)Part 3
"the M25 area"355(1) Part 3
"the main service"259(4)Section 259
"market area"80(6)Section 80
"market power determination"148(1) Part 2, Chapter 1
"Minister of the Crown"329(9) Section 329
"misuse"148(1)Part 2, Chapter 1
"modification"398(1) the Bill
"multiplex service"171(6) Section 171
230(10)Section 231
245(9)Section 245
323(3)Section 323
324(6)Section 324
322(10)Section 325
353(9)Section 353
"must-carry services"61(3)Section 61
"must-provide service"270(10)Section 270
"national Channel 3 service"355(1) Part 3
"national digital sound programme service"355(1)Part 3
"national radio multiplex licence"355(1)Section 355
"national radio multiplex service"355(1)Part 3
"national radio service"313(7) Section 313
326(6)Section 326
"national sound broadcasting licence"250(11)Section 250
"the National Telephone Numbering Plan"53(1) the Bill
"network access"4(12) Section 4
148(1) Part 2, Chapter 1
194(1)Part 2, Chapter 3
"network access question"102(6)Section 102
"networking arrangements"355(1)Section 355
"networks and services functions"401(7)Section 401
"news"312(8)Section 312
"non-communications services"74(9) Section 74
"non-representational images"355(7) Section 355
"notification"387(9)Section 387
"the notified misuser"126(1)Section 126
127(1)Section 127
"the notified person"136(1) Section 136
"the notified charge payer"38(1) Section 38
"the notified provider"33(1) Sections 33, 34
92(1) Section 92
93(1) Sections 93 and 94
108(1) Section 108
109(1) Section 109
"number"53(10) Sections 53 and 60
"numbering conditions"57(7)Section 57
58(9) Section 58
"OFCOM"1(1) the Bill
398(1) the Bill
"OFCOM's standards code"355(1) Part 3
"operator"Paragraph 1(1), Schedule 17Schedule 17
"the operator"111(1)Section 111
"the operator's network"Paragraph 1, Schedule 4Schedule 4
"other member State"398(1) the Bill
"participant"355(6) Section 304(1)
"peak viewing time"274(9) Section 274
275(5) Section 275
Paragraph 8(10), Schedule 12Paragraph 8, Schedule 12
Paragraph 9(8), Schedule 12Paragraph 9, Schedule 12
"the period under review"224(8)Section 224
"persistent" and "persistently"148(1)Part 2, Chapter 1
"pre-commencement licence"Paragraph 8(5), Schedule 14Paragraph 8(5), Schedule 14
"the person in contravention"Paragraph 14(1), Schedule 14Paragraph 14, Schedule 14
"pre-commencement regulator"398(1) the Bill
"pre-transfer licence"237(9) Section 237
250(11)Section 250
"pre-transfer local licence"250(11) Section 250
Paragraph 41(4), Schedule 18Paragraph 41, Schedule 18
"pre-transfer national licence"250(11) Section 250
Paragraph 41(4), Schedule 18Paragraph 41, Schedule 18
"premises"230(9) Section 230
245(8) Section 245
"premium rate service"148(1)Part 2, Chapter 1
"price control matter"190(10)Section 190
"primary functions"Paragraph 10, Schedule 9Schedule 9
"privileged supplier condition"148(1)Section 148
"programme"201(10) Section 201
273(6) Section 273
274(9) Section 274
281(5) Section 281
282(7) Section 282
283(4)Section 283
298(11) Section 298
303(6) Section 303
398(1) the Bill
Paragraph 7(7), Schedule 12Paragraph 7, Schedule 12
Paragraph 8(10), Schedule 12Paragraph 8, Schedule 12
"programme service"314(9) Section 314
398(1) the Bill
"promptness standards"9(7)Section 9
"protected programme service"72(3) Section 72
"provide"398(1) the Bill
"provider"148(1)Part 2, Chapter 1
"provision"355(1) Part 3
"public communications provider"148(1) Part 2, Chapter 1
"public digital service"Paragraph 5(8), Schedule 12Paragraph 5, Schedule 12
"public electronic communications network"124(5)Section 124
148(1) Part 2, Chapter 1
390(2) Section 390
Paragraph 1(1), Schedule 17Schedule 17
"public electronic communications service"148(1) Part 2, Chapter 1
268(9)Section 268
282(8)Section 282
Paragraph 5(10), Schedule 12Paragraph 5, Schedule 12
Paragraph 1(1), Schedule 17Schedule 17
"public service broadcaster"267(8)Section 267
"public services"204(9)Section 204
"the public teletext provider"355(1) Part 3
"the public teletext service"355(1) Part 3
"qualified auditor"64(9) Section 64
74(9)Section 74
88(8) Section 88
"qualifying revenue"212(12)Section 212
214(7)Section 214
218(12)Section 218
"qualifying service"352(1) Part 3
"racial group"24(5) Section 24
330(7) Section 330
Paragraph 21(6), Schedule 12Paragraph 21, Schedule 12
"radio licensable content service"244Part 3, Chapter 3
355(1) Part 3
"radio multiplex service"355(1)Part 3
"radio programme service"355(1) Part 3
"the radio transfer date"398(1) the Bill
"the recipient"388(1)Section 388
"referendum campaign broadcast"326(6)Section 326
Paragraph 16(7), Schedule 12Paragraph 16, Schedule 12
"regional Channel 3 licence"355(1)Part 3
"regional Channel 3 providers"287(9)Section 287
"regional Channel 3 service"355(1) Part 3
"regional programme"282(7) Section 282
344(7) Section 344
Paragraph 7(5), Schedule 11Paragraph 7, Schedule 11
"regional news programme"282(7) Section 282
"regulatory authorities"148(1) Part 2, Chapter 1
194(1)Part 2, Chapter 3
"relevant amount of gross revenue"174(1)Section 171
"relevant ancillary service"229(3) Section 229
"relevant business"94(5) Section 94
228(10) Section 228(8)
"relevant change of control"344(7) Section 344
348(6)Section 348
"relevant connection facility"87(6)Section 87
"relevant date"300Section 300
"the relevant date"345(7) Section 345
349(6)Section 349
"relevant electronic communications network"131(8)Section 131
"relevant existing licence"237(5) Section 237
258(5)Section 258
"the relevant facilities"84(12) Section 84
"relevant independent radio services"306(5)Section 306
"relevant international obligations"Paragraph 19(4), Schedule 12Paragraph 19, Schedule 12
"relevant international obligations of the United Kingdom"328(2) Section 328
"relevant international standards"146(1) Part 2, Chapter 1
"relevant licence"226(6)Section 225
317(12) Section 317
Paragraph 3(2), Schedule 18Paragraph 3, Schedule 18
"relevant licence period"Paragraph 10, Schedule 9Schedule 9
"the relevant market"88(1) Section 88
Paragraph 7(8), Schedule 18Paragraph 7(7), Schedule 18
"relevant markets"3(8)Section 3(8)
"the relevant multiplex"Paragraph 12(4), Schedule 14Paragraph 12, Schedule 14
"a relevant national newspaper proprietor"Paragraph 2(6), Schedule 14Paragraph 2, Schedule 14
"the relevant network"84(12) Section 84
"relevant offence"Paragraph 1(2), Schedule 6Schedule 6
"relevant officer"Paragraph 13, Schedule 6Schedule 6
"relevant period"94(5) Section 94
234(3) Section 234
"the relevant person"47(7)Section 47
"the relevant provider"129(1) Section 129
"relevant provisions"57(7)Section 57
"relevant public service broadcaster"240(7) Section 240
"relevant regulatory authorities"80(6)Section 80
"relevant revenue"339(4)Section 339
394(7)Section 394
"the relevant six months"Paragraph 3(6), Schedule 14Sub-paragraphs (4) and (5), Paragraph 3, Schedule 14
"relevant services"Paragraph 64(3), Schedule 17Schedule 17
"relevant sound service"255(9) Section 255(2)
"relevant television service"238(9)Section 238
"the relevant transfer date"Paragraph 51(5), Schedule 18Paragraph 51, Schedule 18
"the relevant year"38(9) Section 38
"renewal period"214(7)Section 214
220(4)Section 220
"request to be tried"Paragraph 7(5), Schedule 6Schedule 6
"repeated contravention"170(1)Section 170
"representation"398(1) the Bill
"the representations period"79(4) Section 79
"restricted television service"355(1) Part 3
"S4C"355(1) Part 3
"S4C company"355(1) Part 3
"S4C Digital"355(1) Part 3
"satellite television service"269(7)Section 269
Paragraph 5(8), Schedule 12Schedule 12
"Schedule 2 public operator"Paragraph 12(4), Schedule 18Paragraph 12, Schedule 18
"schools programmes"291(12) Section 291
"the second notional expiry date"222(7)Section 222
"second review period"225(8)Section 225
"service interoperability"4(12) Section 4
148(1) Part 2, Chapter 1
"services market"148(1)Part 2, Chapter 1
"signal"29(10) Section 29
"significant market power"148(1) Part 2, Chapter 1
"simulcast radio service"253(1)Section 253
355(1) Part 3
"SMP apparatus condition"Paragraph 7(12), Schedule 18Paragraph 7 Schedule 18
"SMP condition"42(2) The Bill
148(1) Part 2, Chapter 1
Paragraph 7(12), Schedule 18Paragraph 6, Schedule 18
"sound broadcasting service"355(1) Part 3
"sound service"202(9)Section 202
"special or exclusive rights"74(9) Section 74
"spectrum functions"401(8)Section 401
"standards objectives"355(1) Part 3
"stations for wireless telegraphy"171(8)Section 171
Paragraph 8, Schedule 5Schedule 5
"subordinate legislation"398(1) the Bill
"subtitling"355(1) Part 3
"tariff"65(7) Section 65
"telephone number"148(1)Part 2, Chapter 1
"telephone numbers"1(8) Section 1
"television and radio services"398(1) the Bill
"television broadcasting service"355(1) Part 3
"television licensable content service"229 (1) Part 3
355(1) Part 3
"television multiplex service"355(1) Part 3
"television or radio broadcasting"19(7) Section 19
"television programme"398(1) the Bill
"television programme service"355(1) Part 3
"television receiver"361(1) Part 4
"the television transfer date"398(1) the Bill
"the Television without Frontiers Directive"355(1) Part 3
"tender notice"213(13)Section 213
220(13)Section 220
222(7)Section 222
"the territorial sea"402(7)Section 402
"text service"304(7) Section 304
355(1) Part 3
"the threshold number"330(7) Section 330
"the transfer date"Paragraph 45(6), Schedule 18Paragraph 45, Schedule 18
"the transitional period"401(6)Section 401
"transfer scheme"Paragraph 6, Schedule 2Schedule 2
"transparency objectives"Paragraph 10, Schedule 9Schedule 9
"the Tribunal"194(1)Part 2, Chapter 3
Paragraph 15, Schedule 11Schedule 11
"Tribunal rules"194(1)Part 2, Chapter 3
Paragraph 15, Schedule 11Schedule 11
"TV licence"357(1) Section 357
398(1) the Bill
"the United Kingdom Plan for Frequency Authorisation"150(1) the Bill
"universal service condition"148(1) Part 2, Chapter 1
"the Universal Service Directive"148(1) Part 2, Chapter 1
Paragraph 7(12), Schedule 18Paragraph 6, Schedule 18
"the universal service order"62(1)Section 62
148(1) Part 2, Chapter 1
"vehicle"230(10) Section 230
245(9) Section 245
359(10) Section 359
"the Welsh Authority"398(1) the Bill
"wireless telegraphy"398(1) the Bill
"wireless telegraphy licence"398(1) the Bill


This table identifies which clauses of the Communications Bill implement which Articles of the four Directives set out below.

References in this table to:-

FD      = Framework Directive;

AuD     = Authorisation Directive;

AcD     = Access Directive; and

USD     = Universal Service Directive.

ClauseArticle(s) implemented
Part 1 - Functions of OFCOM
Clause 4 - Duties for the purpose of fulfilling Community obligationsArticle 7(1) and (2) of FD
Article 8 of FD
Article 17(2) of FD
Article 20(3) of FD
Article 5(1) of AcD
Article 7(3) of AuD
Clause 15 - Consumer consultationArticle 33(1) of USD
Clause 21 - Provision of information to the Secretary of StateArticle 25 of FD
Article 16 of AuD
Articles 15(2) and 17 of AcD
Article 36(3) of USD
Clause 22 - Community requirement to provide informationArticle 5(2) of FD
Clause 23 - Publication of information and advice for consumers etc.Article 5(4) and (5) of FD
Article 15(1) of AuD
Article 15(1) of AcD
Article 21(2) of USD
Part 2 - Networks, Services and the Radio Spectrum
Chapter 1 - Electronic communications networks and services
Clauses 29 and 32 - Meaning of electronic communications networks and services

ss.(1)Article 2(a) of FD
ss.(2)Article 2(c) of FD
ss.(3)Article 2(e) of FD
ss.(4)(a)Article 2(m) of FD
Clause 30 - Advance notification to OFCOMArticles 3(2) and (3) and 6(1) of AuD
Condition 10 of Part A of Annex to AuD
Clause 32 - Notification of contraventions of s. 30 Article 10(2) of AuD
Clause 33 - Enforcement notification for contravention of s. 30Article 10(3) of AuD
Clause 34 - Penalties for contravention of s. 30Article 10(3) of AuD
Clauses 35 and 36 - Fixing of chargesArticles 6(1), 12 and 13 of AuD
Condition 2 of Part A of Annex to AuD
Clause 37 - Notification of non-payment of chargesArticle 10(2) of AuD
Clause 38 - Penalties for non-payment of chargesArticle 10(3) of AuD
Clauses 39 and 40 - Suspending service provision for non-payment and enforcement of directionsArticle 10(5) of AuD
Clause 41 - Duty of OFCOM to keep publicly accessible register Article 3(3) of AuD
Clause 42 - Power of OFCOM to set conditions
ss. (3)
Article 6(1) and Part A of the Annex to the AuD
Article 4(1) and 4(3) of AcD
ss.(4)Article 6(2) of AuD and Articles 3 to 7 and 9 to 11 of USD
ss.(5)Article 6(2) of AuD and Articles 5(1) and (2) and 6 of AcD
ss.(6)Article 13 of FD
ss. (7) and (8)Article 6(2) of AuD and Articles 8 to 13 of AcD and Articles 17 to 19 of USD and Article 16(2) of FD
Clause 43 - Persons to whom conditions may apply
ss.(2)Articles 2(a) and 6(1) of the AuD
ss.(3)Article 6(2) of AuD
ss.(4)Article 13 of FD
ss.(5)Article 8 of USD and Article 6(2) of AuD
Article 5(1)(b) of AcD and 6(2) of AuD
ss.(7)Article 16(4) of FD, Article 8(2) of AcD, Article 6(2) of AuD and Articles 17 to 19 of USD
Clause 44 - Tests for setting or modifying conditionsArticles 6(1) and 14 (1) of AuD
Articles 5(3) and 8(4) of AcD
Articles 3(2), 9(5) and 17(2) of USD
Clause 45 - Procedure for setting, modifying and revoking conditionsArticle 6 of FD Article 14(1) of AuD, Article 33 of USD and Articles 5(3) and 8(4) of AcD
ss.(3)Article 6(3) of AcD
ss.(5) Article 7(5) of FD
Clause 46 - Directions and approvals for the purposes of a s.42 conditionArticle 6 and 7 of FD
Clause 47 - Delivery of copies of notifications etc.

Articles 8(5) and 16(2) of AcD and 36(2) of USD
ss.(3)Article 7(3) of FD
Clause 48 - Matters to which general conditions may relate Article 6(1) of the AuD
ss. (1)(a) Condition 8 of Part A of the Annex to the AuD and Articles 20-22, 25-30, Part B of Annex 1, Annex 2 and Annex 3 of the USD
ss. (1)(b) and ss.(4)Article 4(2) of, and conditions 3 and 14 of Part A of the Annex to, the AuD and Articles 4(1) and 4(3) of AcD
ss. (1)(c) and ss.(5)Condition 15 of Part A of the Annex to the AuD and Article 23 of USD
ss. (1)(d)Condition 1 of Part A of the |Annex to the AuD
ss. (1)(e)Condition 12 of Part A of the Annex to the AuD and Article 23 of USD
ss. (1)(f)Condition 13 of Part A of the Annex to the AuD
ss. (1)(g)
Condition 18 of Part A of the Annex to the AuD and Article 17(2) of FD
Article 2 of USD - definition of "publicly available telephone service"
Clauses 49 to 52 - General conditions: customer interestsArticle 34 of USD
Article 6(1) of, and condition 8 of Part A of the Annex to, the AuD
Clause 53 - The National Telephone Numbering Plan.Article 10(3) of FD
Clause 54 - Conditions to secure access to telephone numbersArticle 6(1) of, and condition 4 of Part A of the Annex to, the AuD
Clause 55 - Conditions about allocation and adoption of numbersArticle 10(1) of the FD, Articles 5(2) and 6(1) of the AuD
ss. (1) and (2)Conditions 1, 2, 3, 6 and 7 of Part C of the Annex to the AuD and Article 30 of USD
ss. (3)Article 25(2) of USD
ss. (4)Articles 5(3) and (4) of AuD
ss. (5) and (6)Article 13 of AuD
Clause 57 - Modification of documents given effect to by numbering conditionsArticle 14(1) of the AuD
Clause 58(3) - Withdrawal of telephone number allocationsArticle 10(2) and 10(5) of the AuD
Clause 59 - Numbering reorganisationsCondition 2 of Part C of the Annex to the AuD
Clause 60(2) - General duty as to telephone numbering functionsArticle 10(2) of FD
Clause 61 - Must-carry obligationsArticle 6(1) of, and condition 6 of Part A of the Annex to, the AuD and Article 31 of the USD
Clause 62 - Obligations to be secured by universal service conditionsArticles 3 to 7 and 9 to 11 of and Part A of Annex I to USD, Article 6(2) of AuD and Article 2(j) of FD
Clause 63 - Designation of universal service providersArticle 8 of USD and Article 4(2) of AuD
ss. (8)Article 36(1) of USD
Clause 64 - Subject-matter of universal service conditions
ss. (1)Articles 3 to 7 and 9 to 11 of USD
ss. (3) to (11)Article 11 and Annex III of USD
Clause 65 - Tariffs etc. for universal services
ss. (1) and (2)Article 9 of USD
ss. (3) and (4)Article 10 of USD
Clause 66 - Directories and directory enquiry facilitiesArticle 5(3) of USD
Clause 67 - Review of compliance costsArticle 12 of USD and Annex IV of USD
Clause 68 - Sharing of burden of universal service obligationsArticle 13 of USD
Clause 69 - Report on sharing mechanismArticle 14(2) of USD
Clause 70 - Permitted subject-matter of access-related conditionsArticle 6(2) of AuD
ss. (2)
Article 5(1) of AcD
ss. (3)Article 12(2) of FD
ss. (4)Article 5(2) of AcD
ss. (5)Article 6 of and Part I of Annex I to AcD
Clause 71 - Specific types of access-related conditions
ss. (1)
ss. (2)
Article 5(1)(a) of AcD
Article 5(1)(b) of AcD
ss. (3) and (4) -Definition of application programme interfaceArticle 2(p) of FD
Clause 72 - Conditional access systems and access to digital services
ss. (1)Article 5(2) of AcD
ss. (2)Article 6 of and Part 1 of Annex 1 to AcD
ss. (3)
Definition of conditional access systemArticle 2(f) of FD
Clause 73 - Modification and revocation of conditions imposed under s.71Article 6(3) of AcD
Clause 74 - Imposition of privileged supplier conditionsArticle 13 of FD
Clause 75 - Circumstances required for the setting of SMP conditionsArticle 14 of and Annex II to FD
Clause 76 - Market power determinationsArticles 15 and 16 of FD
Clause 77 - Proposals for identifying markets and for market power determinationsArticles 6, 7 and 16(1) of FD
Clause 78 - Delivery of copies of notifications under ss.76 and 77

Article 16(2) of AcD and Article 36(2) of USD
Article 7(3) of FD
Clause 79 - European Commission's powers in respect of proposals Article 7(4) of FD
Clause 80 - Special rules for transnational marketsArticles 2(b), 15(4) and 16(5) of FD
Clause 81 - Review of services market identifications and determinations
ss. (2) and (3)Article 16(1) of FD, 7(3) of AcD and 16(3) of USD
ss. (4)Article 16(3) of FD and Article 18(2) of USD
Clause 84 - Conditions about network access etc.Article 16(4) of FD
Article 6(2) of AuD
ss.(1) and (2)Article 8 of AcD
ss (3) and (5)Article 12(1) of AcD
ss. (4)Article 12(2) of AcD
ss. (6)(a)Article 10 of AcD
ss.(6)(b)Article 9(1) and 9(4) and Annex II of AcD
ss.(6)(c), (d) and (e)
ss. (7) and (8)
Article 9(2) and 9(4) and Annex II of AcD
Article 11 of AcD
ss. (9), (10) and (11)Article 13 of AcD
Clause 85 - Conditions about network access pricing etc.Articles 8 and 13 of AcD, Article 6(2) of AuD and Article 16(4) of FD
Clause 86 - Conditions about network access in exceptional circumstancesArticle 8 of AcD, Article 6(2) of AuD and Article 16(4) of FD
Clause 87 - Conditions about carrier selection and pre-selectionArticle 19 of USD, Article 6(2) of AuD and Article 16(4) of FD
Clause 88 - Conditions about regulation of services etc. for end-usersArticle 17 of USD, Article 6(2) of AuD and Article 16(4) of FD
Clause 89 - Conditions about leased linesArticle 18 of and Annex VII to USD, Article 6(2) of AuD and Article 16(4) of FD
Clause 91 - Notification of contravention of conditionArticle 10(2) of AuD
Clause 92 - Enforcement notification for contravention of conditionsArticle 10(3) of AuD
Clause 93 - Penalties for contravention of conditionsArticle 10(3) of AuD
Clause 95- Power to deal with urgent casesArticle 10(6) of AuD
Clause 97 - Suspending service provision for contraventions of conditionsArticle 10(5) of AuD
Clause 102 - Consideration and determination of network access questionsArticle 5(4) of AcD
Clauses 103 to 116 and Schedule 3 - Electronic communications code Articles 11 and 12(1) of FD and Articles 4(1) and 6(1) of, and condition 5 of Part A of the Annex to, the AuD
Clauses 103, 104 and 112 - Application, modification and revocation of electronic communications codeArticle 6 of FD and Article 14(1) of AuD
Clause 107 - Enforcement of restrictions and conditionsArticle 10(2) of AuD
Clause 108 - Enforcement notification for contravention of code restrictionsArticle 10(3) of AuD
Clause 109 - Penalties for contravention of code restrictionsArticle 10(3) of AuD
Clause 110 - Suspension of application of codeArticles 10(5) 14(2) of AuD
Clause 129 and 130 - Powers to deal with emergencies These provisions are permitted by Article 3 AuD
Clauses 132 - 134 - Information provisions Article 5 of FD, Articles 6(1), 10(1) and 11 of, and condition 10 of Part A of the Annex to, the AuD, Article 11(2) of AcD and Articles 11, 21 and 22 of (in so far as those articles necessitate the provision of information) USD
Clause 135 - Notification of contravention of information requirementsArticle 10(2) of AuD
Clause 136 - Penalties for contravening information requirementArticle 10(3) and (4) of AuD
Clause 137 - Suspending service provisions for information contraventionsArticle 10(5) of AuD
Clauses 139 and 140 - Procedure for and enforcement of directions under ss.137 and 138Article 10(5) of AuD
Clause 141 - Offences in connection with information requirementsArticle 10(3) of AuD
Clause 143 - Provision of information by OFCOMArticle 9 of AuD
Clause 148- Interpretation of Chapter 1
ss.(1)Def of public electronic communications networkArticle 2(d) of FD
Defs of FD, AcD and USDArticle 2(l) of FD
Def of end-user
Article 2(n) of FD
ss.(2) - interconnection
Article 2(b) of AcD
ss.(3) - network access
Article 2(a) of AcD
ss.(5) - regulatory authoritiesArticle 2(g) of FD
Chapter 2 - Spectrum Use
Clause 150 - United Kingdom Plan for Frequency AuthorisationArticle 5(3) of AuD
Clause 151 - Duties of OFCOM when carrying out spectrum functionsArticle 9(1) of FD
Clause 155 - Special duty in relation to television multiplexesCondition 1 of Part B of the Annex to the AuD
Clause 161 - Limitations on authorised spectrum useArticle 7 of AuD
Clause 162 - Terms etc. of wireless telegraphy licences (new subsection (2C) inserted into WTA 1949 s. 1 only)Article 6(4) of AuD
Clause 163 - Exemption from need for wireless telegraphy licenceArticle 5(1) of AuD
Clause 165 - Spectrum tradingArticle 9(3) and (4) of FD and Condition 5 of Part B of the AuD
Clause 166 - Variation and revocation of wireless telegraphy licencesArticle 10(2), (5) and (6) and 14(1) of AuD
Clause 168 - Information requirements in relation to wireless telegraphy licencesArticle 11(1)(e) and (2) of the AuD
Clause 169 - Contraventions of conditions for use of wireless telegraphy Article 10(2) of AuD
Clause 170 - Meaning of "repeated contravention" in s.169Article 10(5) of AuD
Clause 171 - Procedure for prosecutions of wireless telegraphy offencesArticles 10(2), (3) and (6) of AuD
Clause 180 - Modification of definition of "undue interference"Article 2(2)(b) of, and condition 3 of Part B of the Annex to the AuD
Chapter 3 - Disputes and Appeals
Clause 182 - Reference of disputes to OFCOMArticle 20(1) of FD
Clause 183 - Action by OFCOM on dispute referenceArticle 20(2) of FD
Clause 184 - Legal proceedings etc. about referred disputesArticle 20(5) of FD
Clause 185 - Procedure for resolving disputesArticle 20(1) and (4) of FD
Clause 186 - Disputes involving other member States Article 21 of FD
Clause 188 - OFCOM's power to require information in connection with disputeArticle 20(1) of FD
Clauses 189 to 193 and Schedule 8Articles 4 and 11(3) of FD and 10(7) of AuD
Clause 386 - General restrictions on disclosure of informationArticle 3(5) of FD
Clause 395 - Regulations and orders made by OFCOMArticles 14(1) and 33 of USD and Article 6 of FD
Schedule 17 - Minor and consequential amendments
Paragraph 8(5)Article 7(4) of AuD
Paragraph 8(9)Article 6(1) of AuD
Schedule 18 - Transitional Provisions
Paragraphs 5 and 6 Article 27 of FD, Article 7(1) of AcD and Article 16(1) of USD
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Prepared: 6 March 2003