Digital Economy Bill [HL]

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

Digital Economy Bill [HL]
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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
5
“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.
(3)
The applicant may not nominate a national digital sound programme
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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.
(4)
A national nomination must specify the other approved licences (if
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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—
(a)
a licence that is an approved licence has been renewed under
30
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
(c)
the nomination specifies the licence mentioned in paragraph (a)
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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
(b)
adding a national digital services condition.
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(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
programme service in each calendar month would include at least 80%
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of the programmes included in the service provided under that licence.

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(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
a local digital sound programme service is broadcast by means
of a local radio multiplex service;
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“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
broadcast by means of the nominated national radio multiplex
service until the day on which the licence (as renewed under
10
section 104A) is to expire;
“nominated” means nominated in the nomination referred to in
subsection (1)(b).”
(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
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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
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 30) insert “, 105A”.
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(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
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(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
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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.

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(6)
If the period for which a licence to provide a relevant renewed service
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
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licence that has been renewed under section 103B or a local service
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
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section 105A(7) of the Broadcasting Act 1990)—
(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
(1)
In section 106(1A) of the Broadcasting Act 1990 (conditions relating to
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
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in the licensed service ceasing to be made at premises in
the area or locality for which the service is provided, but
(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
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(local content and character of services)).”
(2)
Section 314 of the Communications Act 2003 (local content and character of
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—
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“(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
OFCOM consider it appropriate in that case.”
(5)
In subsection (7)—
(a)
before the definition of “local material” insert—
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““approved area”, in relation to programmes included in a
local sound broadcasting service, means an area
approved by OFCOM for the purposes of this section
that includes the area or locality for which the service is
provided;”, and
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(b)
in the definition of “locally-made”, at the end insert “or, if there is an
approved area for the programmes, that area”.
(6)
After subsection (8) insert—
“(9)
Before approving an area for the purposes of this section, OFCOM must
publish a document specifying—
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(a)
the area that they propose to approve, and
(b)
a period in which representations may be made to OFCOM
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
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service concerned consents.
(11)
Where OFCOM approve an area or withdraw their approval of an area,
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
10
satisfied by the publication of a document before this section comes into force.
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Local radio multiplex services: frequency and licensed area
After section 54 of the Broadcasting Act 1996 insert—
“54A
Variation of local radio multiplex licences: frequency or licensed area
(1)
OFCOM may, if the requirements of this section are met, vary a local
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radio multiplex licence by—
(a)
varying the frequency on which the licensed service is required
to be provided,
(b)
reducing the area or locality in which the licensed service is
required to be available, or
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(c)
extending that area or locality to include an adjoining area or
locality.
(2)
OFCOM must have received an application for the variation from the
licence holder.
(3)
The application must include a technical plan relating to the service
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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,
(b)
the timetable in accordance with which that coverage would be
achieved, and
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(c)
the technical means by which it would be achieved.
(4)
Before deciding whether to grant the application, OFCOM must
publish a notice specifying—
(a)
the proposed variation of the licence, and
(b)
a period in which representations may be made to OFCOM
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about the proposal.
(5)
OFCOM may vary the licence in accordance with the application only
if they are satisfied that 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,
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before the proposed variation, the local radio multiplex service is
required to be available.”