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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    285

 

           (e)           digital sound programme services; and

           (f)           digital additional sound services.

     (7)    A service to which this section applies is a foreign service if it—

           (a)           is a service capable of being received in the United Kingdom for the

provision of which no Broadcasting Act licence is either in force or

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required to be in force; but

           (b)           is also a service for the provision of which such a licence would be

required—

                  (i)                 in the case of a service falling within subsection (6)(a) to (c), if

the person providing it were under the jurisdiction of the

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United Kingdom for the purposes of the Television without

Frontiers Directive; and

                  (ii)                in any other case, if the person providing it provided it from a

place in the United Kingdom or were a person whose principal

place of business is in the United Kingdom.

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 323   Effect of proscription order

     (1)    This section applies where a service is for the time being proscribed by an order

under section 322.

     (2)    The proscribed service is not to be included in—

           (a)           a multiplex service; or

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           (b)           a cable package.

     (3)    In this section “multiplex service” means a television multiplex service, a radio

multiplex service or a general multiplex service.

     (4)    In this section “cable package” means (subject to subsection (5)) a service by

means of which programme services are packaged together with a view to

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their being distributed—

           (a)           by means of an electronic communications service;

           (b)           so as to be available for reception by members of the public in the

United Kingdom; and

           (c)           without the final delivery of the programme services to the persons to

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whom they are distributed being by wireless telegraphy.

     (5)    Programme services distributed by means of an electronic communications

service do not form part of a cable package if—

           (a)           the distribution of those services forms only part of a service provided

by means of that electronic communications service; and

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           (b)           the purposes for which the service of which it forms a part is provided

do not consist wholly or mainly in making available television

programmes or radio programmes (or both) for reception by members

of the public.

 324   Notification for enforcing proscription

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     (1)    Where OFCOM determine that there are reasonable grounds for believing that

there has been a contravention of section 323 in relation to a multiplex service

or a cable package, they may give a notification under this section to—

           (a)           the provider of that multiplex service; or

           (b)           the person providing the cable package.

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Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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     (2)    A notification under this section is one which—

           (a)           sets out the determination made by OFCOM; and

           (b)           requires the person to whom it is given to secure that the proscribed

service (so long as it remains proscribed) is not—

                  (i)                 included in the notified person’s multiplex service, or

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                  (ii)                distributed as part of his cable package,

                         at any time more than seven days after the day of the giving of the

notification.

     (3)    If it is reasonably practicable for a person to whom a notification is given under

this section to secure that the proscribed service ceases to be included in that

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person’s multiplex service, or to be distributed as part of his cable package,

before the end of that seven days, then he must do so.

     (4)    It shall be the duty of a person to whom a notification is given under this

section to comply with the requirements imposed by the notification and by

subsection (3).

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     (5)    That duty shall be enforceable in civil proceedings by OFCOM—

           (a)           for an injunction;

           (b)           for specific performance of a statutory duty under section 45 of the

Court of Session Act 1988 (c. 36); or

           (c)           for any other appropriate remedy or relief.

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     (6)    In this section “cable package” and “multiplex service” each has the same

meaning as in section 323.

 325   Penalties for contravention of notification under s. 324

     (1)    OFCOM may impose a penalty on a person who contravenes a requirement

imposed on him by or under section 324.

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     (2)    Before imposing a penalty on a person under this section OFCOM must give

him a reasonable opportunity of making representations to them about their

proposal to impose the penalty.

     (3)    The amount of the penalty imposed on a person is to be such amount not

exceeding £5,000 as OFCOM determine to be—

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           (a)           appropriate; and

           (b)           proportionate to contravention in respect of which it is imposed.

     (4)    In making that determination OFCOM must have regard to—

           (a)           any representations made to them by the person notified under section

324; and

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           (b)           any steps taken by him for complying with the requirements imposed

on him under that section.

     (5)    Where OFCOM impose a penalty on a person under this section, they shall—

           (a)           notify the person penalised; and

           (b)           in that notification, fix a reasonable period after it is given as the period

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within which the penalty is to be paid.

     (6)    A penalty imposed under this section must be paid to OFCOM within the

period fixed by them.

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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     (7)    The Secretary of State may by order amend this section so as to substitute a

different maximum penalty for the maximum penalty for the time being

specified in subsection (3).

     (8)    No order is to be made containing provision authorised by subsection (7)

unless a draft of the order has been laid before Parliament and approved by a

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resolution of each House.

     (9)    For the purposes of this section there is a separate contravention in respect of

every day on which the proscribed service is at any time included in a person’s

multiplex service or distributed as part of his cable package.

     (10)   In this section “multiplex service” and “cable package” each has the same

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meaning as in section 323.

Party political broadcasts on television and radio

 326   Party political broadcasts

     (1)    The regulatory regime for every licensed public service channel, and the

regulatory regime for every national radio service, includes—

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           (a)           conditions requiring the inclusion in that channel or service of party

political broadcasts and of referendum campaign broadcasts; and

           (b)           conditions requiring that licence holder to observe such rules with

respect to party political broadcasts and referendum campaign

broadcasts as may be made by OFCOM.

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     (2)    The rules made by OFCOM for the purposes of this section may, in particular,

include provision for determining—

           (a)           the political parties on whose behalf party political broadcasts may be

made;

           (b)           in relation to each political party on whose behalf such broadcasts may

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be made, the length and frequency of the broadcasts; and

           (c)           in relation to each designated organisation on whose behalf

referendum campaign broadcasts are required to be broadcast, the

length and frequency of such broadcasts.

     (3)    Those rules are to have effect subject to sections 37 and 127 of the Political

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Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties and

designated organisations to be entitled to party political broadcasts or

referendum campaign broadcasts).

     (4)    Rules made by OFCOM for the purposes of this section may make different

provision for different cases.

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     (5)    Before making any rules for the purposes of this section, OFCOM must have

regard to any views expressed by the Electoral Commission.

     (6)    In this section—

                    “designated organisation”, in relation to a referendum, means a person or

body designated by the Electoral Commission under section 108 of the

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Political Parties, Elections and Referendums Act 2000 in respect of that

referendum;

                    “national radio service” means a national service within the meaning of

section 242 of this Act; and

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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                    “referendum campaign broadcast” has the meaning given by section 127

of that Act.

Monitoring of programmes

 327   Retention and production of recordings

     (1)    The regulatory regime for every programme service licensed by a Broadcasting

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Act licence includes conditions imposing on the provider of the service—

           (a)           a requirement in respect of every programme included in the service to

retain a recording of the programme in a specified form and for a

specified period after its inclusion;

           (b)           a requirement to comply with any request by OFCOM to produce to

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them for examination or reproduction a recording retained in

pursuance of the conditions in the licence; and

           (c)           a requirement, if the provider is able to do so, to comply with any

request by OFCOM to produce to them a script or transcript of a

programme included in the programme service.

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     (2)    The period specified for the purposes of a condition under subsection (1)(a)

must be—

           (a)           in the case of a programme included in a television programme service,

a period not exceeding ninety days; and

           (b)           in the case of a programme included in a radio programme service, a

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period not exceeding forty-two days.

     (3)    For the purpose of maintaining supervision of the programmes included in

programme services, OFCOM may themselves make and use recordings of

those programmes or any part of them.

     (4)    Nothing in this Part is to be construed as requiring OFCOM, in the carrying out

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of their functions under this Part as respects programme services and the

programmes included in them, to view or listen to programmes in advance of

their being included in such services.

International obligations

 328   Conditions securing compliance with international obligations

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     (1)    The regulatory regime for every service to which this section applies includes

the conditions that OFCOM consider appropriate for securing that the relevant

international obligations of the United Kingdom are complied with.

     (2)    In this section “relevant international obligations of the United Kingdom”

means the international obligations of the United Kingdom which have been

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notified to OFCOM by the Secretary of State for the purposes of this section.

     (3)    This section applies to the following services—

           (a)           any Channel 3 service;

           (b)           Channel 4;

           (c)           Channel 5;

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           (d)           the public teletext service;

           (e)           any television licensable content service;

           (f)           any digital television programme service;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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           (g)           any additional television service;

           (h)           any digital additional television service;

           (i)           any restricted television service.

     (4)    The conditions included in any licence in accordance with the other provisions

of this Chapter are in addition to any conditions included in that licence in

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pursuance of this section and have effect subject to them.

Government requirements for licensed services

 329   Government requirements for licensed services

     (1)    If it appears to the Secretary of State or any other Minister of the Crown to be

appropriate to do so in connection with any of his functions, the Secretary of

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State or that Minister may at any time by notice require OFCOM to give a

direction under subsection (2).

     (2)    A direction under this subsection is a direction to the holders of the

Broadcasting Act licences specified in the notice under subsection (1) to include

an announcement so specified in their licensed services.

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     (3)    The direction may specify the times at which the announcement is to be

broadcast or otherwise transmitted.

     (4)    Where the holder of a Broadcasting Act licence includes an announcement in

his licensed service in pursuance of a direction under this section, he may

announce that he is doing so in pursuance of such a direction.

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     (5)    The Secretary of State may, at any time, by notice require OFCOM to direct the

holders of the Broadcasting Act licences specified in the notice to refrain from

including in their licensed services any matter, or description of matter,

specified in the notice.

     (6)    Where—

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           (a)           OFCOM have given the holder of a Broadcasting Act licence a direction

in accordance with a notice under subsection (5),

           (b)           in consequence of the revocation by the Secretary of State of such a

notice, OFCOM have revoked such a direction, or

           (c)           such a notice has expired,

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            the holder of the licence in question may include in the licensed service an

announcement of the giving or revocation of the direction or of the expiration

of the notice, as the case may be.

     (7)    OFCOM must comply with every requirement contained in a notice under this

section.

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     (8)    The powers conferred by this section are in addition to any powers specifically

conferred on the Secretary of State by or under this Act or any other enactment.

     (9)    In this section “Minister of the Crown” includes the Treasury.

 

 

 
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