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House of Lords
Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]


Digital Economy Bill [HL]

32

 

(4)   

In section 225(3) (period for review of financial terms of replacement Channel

3 and 5 and public teletext licences), after “initial expiry date” insert “for that

type of licence”.

(5)   

In section 228(8) (giving effect to review of financial terms of replacement

licence), in the definition of “licensing period”—

5

(a)   

after ““licensing period”” insert “, in relation to a licence,”,

(b)   

in paragraph (a), at the end (but before “or”) insert “for that type of

licence”, and

(c)   

in paragraph (b), at the end insert “for that type of licence”.

(6)   

Section 229 (report in anticipation of new licensing round) is amended as

10

follows.

(7)   

In subsection (1), after “licensing period” insert “for a type of relevant licence”.

(8)   

In subsection (2)—

(a)   

for “holders of relevant licences” substitute “holder or holders of that

type of licence”, and

15

(b)   

for “licence holders” substitute “licence holder or holders”.

(9)   

In subsection (3)(a) and (b), for “relevant licences” substitute “that type of

licence”.

(10)   

After subsection (4) insert—

“(4A)   

Subsection (5) applies where the Secretary of State—

20

(a)   

receives a report under this section in anticipation of the end of

a licensing period for a type of relevant licence, and

(b)   

subsequently makes an order under section 224 extending the

licensing period for that type of licence.”

(11)   

In subsection (5)—

25

(a)   

for the words from the beginning to “the order—” substitute “Where

this subsection applies—”, and

(b)   

in paragraph (a), for “he” substitute “the Secretary of State” and at the

end (but before “and”) insert “for that type of licence”.

(12)   

In subsection (6), in the definition of “licensing period”—

30

(a)   

in the opening words, after ““licensing period”” insert “, in relation to a

licence,”,

(b)   

in paragraph (a), at the end (but before “or”) insert “for that type of

licence”, and

(c)   

in paragraph (b), at the end insert “for that type of licence”.

35

(13)   

Section 230 (orders suspending rights of renewal) is amended as follows.

(14)   

In subsection (2), for “licences for the time being in force that are of a

description specified in the order are” substitute “a licence for the time being

in force that is of a description specified in the order is”.

(15)   

In that subsection, at the end insert “(but see subsection (7))”.

40

(16)   

In each of subsections (3), (4), (5) and (8)(b), for “licences” substitute “a licence”.

(17)   

In subsection (7), for “Channel 3 licences” substitute “a Channel 3 licence”.

(18)   

In subsection (11), in the definition of “initial licensing period”—

 
 

Digital Economy Bill [HL]

33

 

(a)   

after ““initial licensing period”” insert “, in relation to a licence,”, and

(b)   

at the end (but before “and”) insert “for that type of licence”.

26      

Report by OFCOM on public teletext service

After section 218 of the Communications Act 2003 insert—

“218A   

 Duty to report on public teletext service

5

(1)   

OFCOM must—

(a)   

prepare a report on the public teletext service, and

(b)   

send it to the Secretary of State as soon as practicable after this

section comes into force.

(2)   

OFCOM must prepare and send to the Secretary of State further reports

10

on the public teletext service when asked to do so by the Secretary of

State.

(3)   

Each report must include, in particular—

(a)   

an assessment of the advantages and disadvantages for

members of the public of the public teletext service being

15

provided, and

(b)   

an assessment of whether the public teletext service can be

provided at a cost to the licence holder that is commercially

sustainable.

(4)   

An assessment under subsection (3)(a) must take account of alternative

20

uses for the capacity that would be available if the public teletext

service were not provided.

(5)   

“Capacity” means capacity on the frequencies on which Channel 3

services, Channel 4, S4C and television multiplex services are

broadcast.”

25

27      

Power to remove OFCOM’s duty to secure provision of public teletext service

(1)   

Section 218 of the Communications Act 2003 (provision of public teletext

service) is amended as follows.

(2)   

In subsection (1)—

(a)   

for “must do all that they can to” substitute “may”, and

30

(b)   

at the end insert “and complies with this section”.

(3)   

In subsection (7)—

(a)   

for “OFCOM must exercise their powers” substitute “If there is a public

teletext provider, OFCOM must take account of the requirements of the

public teletext service when exercising their powers”, and

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(b)   

omit the words after paragraph (b).

(4)   

Accordingly, in the heading of the section, for “Duty” substitute “Power”.

(5)   

Omit section 221 of that Act (replacement of existing public teletext provider’s

licence).

(6)   

In section 276(1) of that Act (co-operation with the public teletext provider), for

40

“the provider of the service or channel” substitute “, if there is a public teletext

provider, the provider of the Channel 3 service or Channel 4”.

 
 

Digital Economy Bill [HL]

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(7)   

In section 362 of that Act (interpretation of Part 3), in the definition of “the

public teletext service”, for “is required to be” substitute “is or may be”.

(8)   

The amendments made by this section and the entries in Schedule 3 relating to

sections 218(7) and 221 of the Communications Act 2003 (and section 46 so far

as relating to those entries) come into force on such day as the Secretary of State

5

may by order made by statutory instrument appoint.

(9)   

An order may not be made under subsection (8) unless—

(a)   

condition A or B is met,

(b)   

the Secretary of State is satisfied that making the order is in the public

interest, and

10

(c)   

a draft of the instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.

(10)   

Condition A is that the Secretary of State has laid before Parliament a report by

the Office of Communications (“OFCOM”) under section 218A of the

Communications Act 2003 (report on public teletext service).

15

(11)   

Condition B is that OFCOM have invited applications for the licence to provide

the public teletext service (within the meaning of Part 3 of the Communications

Act 2003) and—

(a)   

no applications were made by the closing date, or

(b)   

OFCOM considered that they could not award the licence to any of the

20

applicants.

28      

Appointed providers of regional or local news

After section 287 of the Communications Act 2003 insert—

“287A   

Appointed providers of regional or local news

(1)   

OFCOM may—

25

(a)   

appoint a person to provide relevant media content consisting

of regional news or local news (or both) for all or part of a

designated Channel 3 area, and

(b)   

pay amounts to the appointed person for use in, or in

connection with, the provision of such content.

30

(2)   

OFCOM must do all that they can to secure that a person does not

become or remain a person appointed under this section if the person

is a disqualified person under paragraph 1 of Part 2 of Schedule 2 to the

1990 Act in relation to a Broadcasting Act licence.

(3)   

Where a person has been appointed under this section to provide news

35

for all or part of a designated Channel 3 area, the regulatory regime for

the regional Channel 3 service provided for that area includes the

conditions (if any) that OFCOM consider appropriate for securing that

the service includes news programmes provided by that person.

(4)   

OFCOM must publish the criteria that they intend to use in making an

40

appointment under this section.

(5)   

The appointment—

(a)   

must specify the period for which the person is appointed,

(b)   

must specify the area for which the person is appointed (the

“appointed area”),

45

 
 

Digital Economy Bill [HL]

35

 

(c)   

may specify the parts of the appointed area, or the communities,

for which the appointed person is to provide local news,

(d)   

may make provision for the variation of the appointment,

including the appointed area,

(e)   

may be made subject to such conditions as OFCOM consider

5

appropriate, and

(f)   

may be revoked by OFCOM at any time.

(6)   

The conditions may include, in particular, conditions requiring the

appointed person to make the relevant media content available to—

(a)   

the provider of the regional Channel 3 service for the appointed

10

area,

(b)   

the body corporate appointed under section 280 as the

appointed news provider for Channel 3, and

(c)   

any other person.

(7)   

The conditions may also include, in particular—

15

(a)   

conditions relating to the form, character and quality of the

relevant media content,

(b)   

conditions requiring the appointed person to broadcast or

distribute the relevant media content, whether by means

involving the use of an electronic communications network or

20

otherwise, and

(c)   

conditions requiring the appointed person to support and

promote the provision by other persons of regional news or

local news (or both) for the appointed area, whether in the form

of relevant media content or otherwise.

25

(8)   

An amount paid under this section may be paid on such conditions as

OFCOM consider appropriate, including—

(a)   

conditions as to the use of the amount, and

(b)   

conditions as to the circumstances in which all or part of the

amount must be repaid.

30

(9)   

Section 287(5) and (6) apply to a condition imposed under subsection

(3) as they apply to a condition imposed under that section.

(10)   

OFCOM must consult the Secretary of State—

(a)   

before publishing criteria in accordance with subsection (4), and

(b)   

before determining conditions to be imposed under subsection

35

(5)(e) or (8).

(11)   

In this section—

“designated Channel 3 area” means an area—

(a)   

for which a regional Channel 3 service is provided, and

(b)   

which has been designated for the purposes of this

40

section by OFCOM with the consent of the Secretary of

State;

“local news”, for an appointed area, means news that is intended

to be of particular interest to persons living within a part of the

area or to a particular community living within the area;

45

“regional news”, for an appointed area, means news that is

intended to be of particular interest to persons living within the

area;

 
 

Digital Economy Bill [HL]

36

 

“relevant media content” means material, other than

advertisements, which is included, or is capable of being

included, in any of the following services that are available to

members of the public in all or part of the United Kingdom—

(a)   

television programme services, additional television

5

services or digital additional television services,

(b)   

on-demand programme services, or

(c)   

other services provided by means of the internet where

there is a person who exercises editorial control over the

material included in the service.

10

(12)   

The services that are to be taken for the purposes of this section to be

available to members of the public include any service which—

(a)   

is available for reception by members of the public (within the

meaning of section 361); or

(b)   

is available for use by members of the public (within the

15

meaning of section 368R(4)).”

29      

Broadcasting of programmes in Gaelic

(1)   

Omit section 184 of the Broadcasting Act 1990 (broadcasting of programmes in

Gaelic on Channel 3 in Scotland).

(2)   

Accordingly, omit section 183A(7)(a) and (b) of that Act (representation in

20

Gaelic Media Service of interests of holders of certain licences).

Independent radio services

30      

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)”.

25

(2)   

After section 97 of that Act insert—

“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

30

described in the notice.

(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).

35

(3)   

The Secretary of State—

(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—

40

 
 

Digital Economy Bill [HL]

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“date for digital switchover”, in relation to a post-commencement

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

5

that—

(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

10

(1)   

This section applies if the Secretary of State has nominated a date for

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,

15

OFCOM must by notice vary the licence so that the period ends on or

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.

20

(4)   

If the period for which the licence to provide the post-commencement

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.”

(3)   

In section 199(5) of that Act (publication of notices by OFCOM), after “55,”

25

insert “97B,”.

31      

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”.

(2)   

After that section insert—

30

“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

section).

35

(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

section as if the following were omitted—

40

(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

 
 

Digital Economy Bill [HL]

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(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.”

5

(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

10

months after the day on which this section comes into force, and

(b)   

the determination is made as soon as practicable after that day.

32      

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

15

(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.”

(2)   

After that section insert—

20

“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).

(2)   

A local licence may be renewed under this section only if—

25

(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

the renewal of a licence under this section as they apply in relation to

30

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.

(5)   

In the case of an approved licence, if an applicant for renewal of the

35

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

service were references to the national digital sound

40

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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