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Communications Bill


Communications Bill
Schedule 14 — Media ownership rules
Part 3 — Local sound programme services

    433

 

              (e)             in a case in which members of the potential audiences for the services

provided by that person would also be members of the potential

audiences for local digital sound programme services provided by

other persons—

                    (i)                   the number of those other persons;

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                    (ii)                  the coverage areas of their services;

                    (iii)                 the capacity used by their services on the relevant

multiplexes;

                    (iv)                  the sizes of the potential audiences for their services; and

                    (v)                   the times when their services are or will be made available.

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          (3)      For the purposes of this paragraph the coverage area for a service provided

under a local digital sound programme licence is the area in the United

Kingdom within which the relevant multiplex is capable of being received

at a level satisfying such technical standards as may have been laid down by

OFCOM for the purposes of the provisions of an order under this paragraph.

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          (4)      In this paragraph “the relevant multiplex”, in relation to a service provided

under a local digital sound programme licence, means the local radio

multiplex service in which the service provided under that licence is or is to

be included.

          (5)      For the purposes of this paragraph a person who holds a licence to provide

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local digital sound programme services provides such a service if, and only

if—

              (a)             the service is one provided by him and is included in a local radio

multiplex service for which he holds a local radio multiplex licence;

or

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              (b)             under a contract between that person and a person who holds a

licence to provide a local radio multiplex service, the person holding

the licence to provide the radio multiplex service is required to

include that local digital sound programme service in that multiplex

service.

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Powers supplemental to powers under paragraphs 11 and 12

  13      (1)      An order under paragraph 11 or 12 may make provision for treating—

              (a)             persons who are connected with a person who holds a licence,

              (b)             persons who are associates of a person who holds a licence or of a

person who is connected with a person who holds a licence, and

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              (c)             persons who (whether alone or together with such persons as may be

described in the order) participate in a body which holds a licence or

is treated as doing so by virtue of paragraph (a) or (b),

                   as if each of them were also a holder of the licence for the purposes of a

requirement imposed under that paragraph.

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          (2)      An order under paragraph 12 may make provision for treating—

              (a)             persons who are connected with a person who provides a local

digital sound programme service,

              (b)             persons who are associates of a person who provides such a service

or of a person who is connected with a person who provides such a

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service, and

 

 

Communications Bill
Schedule 14 — Media ownership rules
Part 3 — Local sound programme services

    434

 

              (c)             persons who (whether alone or together with such persons as may be

described in the order) participate in a body who provides such a

service or is treated as doing so by virtue of paragraph (a) or (b),

                   as if each of them were also a person providing the service for the purposes

of a requirement imposed under that paragraph.

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          (3)      An order under paragraph 11 or 12 may also make provision for treating—

              (a)             persons who are connected with each other,

              (b)             persons who are associates of each other, and

              (c)             persons who (whether alone or together with such persons as may be

described in the order) participate in a body,

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                   as if they and such other persons who are connected with, associates of or

paticipators in any of them as may be described in the order were the same

person for the purposes of a requirement imposed under that paragraph.

          (4)      An order under paragraph 11 may make provision—

              (a)             as to the circumstances in which a newspaper is to be treated as a

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national newspaper or a local newspaper for the purposes of a

requirement imposed under that paragraph;

              (b)             as to the person or persons who are to be treated for any such

purposes as running a newspaper;

              (c)             as to the determination for any such purposes of the area within

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which a local newspaper is circulating; and

              (d)             as to what is to constitute the national market share or local market

share of any newspaper or of a number of newspapers taken

together;

                   and provision made by virtue of this paragraph may apply, with or without

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modifications, any of the provisions of paragraph 3 or 4 of this Schedule.

          (5)      Power to make provision with respect to any matter by any order under

paragraph 11 or 12 includes power—

              (a)             to make provision with respect to that matter by reference to the

making or giving by OFCOM, in accordance with the order, of any

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determination, approval or consent; and

              (b)             to confer such other discretions on OFCOM as the Secretary of State

thinks fit.

          (6)      Sub-paragraph (5) of paragraph 12 applies for the purposes of this

paragraph as it applies for the purposes of that paragraph.

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Transitional provision for orders under paragraphs 11 and 12

  14      (1)      This paragraph applies where—

              (a)             immediately after the coming into force of an order under paragraph

11 or 12, a person (“the person in contravention”) is in contravention,

in any respect, of a requirement imposed under that paragraph; and

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              (b)             immediately before the coming into force of the order, that person—

                    (i)                   held one or more relevant licences; but

                    (ii)                  was not, in that respect, in contravention of a requirement

imposed under that paragraph.

          (2)      This paragraph does not apply in the case of the first order to be made under

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paragraph 11 or 12 if the person in contravention was, immediately before

the coming into force of the order, in contravention, in relation to one or

 

 

Communications Bill
Schedule 14 — Media ownership rules
Part 3 — Local sound programme services

    435

 

          (2)      more of the relevant licences, of a requirement imposed under Part 3 or 4 of

Schedule 2 to the 1990 Act.

          (3)      In sub-paragraphs (1) and (2) the reference to a relevant licence is—

              (a)             in relation to the coming into force of an order under paragraph 11,

a local sound broadcasting licence; and

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              (b)             in relation to the coming into force of an order under paragraph 12,

a local digital sound programme licence.

          (4)      The contravention mentioned in sub-paragraph (1)(a), to the extent that it

arises by reason of the coming into force of the order, is to be disregarded (in

the case of the person in contravention) in relation to any time which falls—

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              (a)             after the coming into force of the order; and

              (b)             before there is a relevant change of circumstances.

          (5)      Where the contravention is one arising under paragraph 11 in the case of a

person who held one or more local sound broadcasting licences immediately

before the coming into force of the order, there is a relevant change of

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circumstances if—

              (a)             another person becomes the holder of any of those licences,

otherwise than in consequence of a transaction under which the

person in contravention ceases to be a holder of the licence; or

              (b)             the person in contravention becomes the holder of another local

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sound broadcasting licence.

          (6)      A change of circumstances is not a relevant change of circumstances by

virtue of sub-paragraph (5)(b) unless the licence of which the person in

contravention becomes the holder is one the holding of which, with the

holding of licences already held by him, would (apart from sub-paragraph

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(4)) constitute a contravention of a requirement imposed under paragraph

11.

          (7)      Where the contravention is one arising under paragraph 12 in the case of a

person who, under a local digital sound programme licence, was providing

one or more local digital sound programme services immediately before the

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coming into force of the order, there is a relevant change of circumstances

if—

              (a)             another person becomes the holder of that licence, otherwise than in

consequence of a transaction under which the person in

contravention ceases to be a holder of the licence; or

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              (b)             the person in contravention becomes the provider of another local

digital sound programme service provided under that licence.

          (8)      A change of circumstances is not a relevant change of circumstances by

virtue of sub-paragraph (7)(b) unless the service of which the person in

contravention becomes the provider is one the provision of which, with the

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services already provided by him, would (apart from sub-paragraph (4))

constitute a contravention of a requirement imposed under paragraph 12.

          (9)      For the purposes of this paragraph, in its application in relation to a

contravention of a requirement imposed under paragraph 11 or 12—

              (a)             references to holding a licence or providing a local digital sound

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programme service are to be construed in accordance with the

provision having effect for the purposes of that requirement; and

              (b)             the persons who are taken to be holding a local digital sound

programme licence immediately before the coming into force of the

order include every person who at that time would, in accordance

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Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    436

 

              (b)             with that provision, be treated as providing local digital sound

programme services that were being provided at that time under

that licence.

Part 4

Supplemental provisions of Schedule

5

Procedure for orders

  15      (1)      Before making an order under any provision of this Schedule (other than one

that is confined to giving effect to recommendations made by OFCOM in a

report of a review under section 384), the Secretary of State must consult

OFCOM.

10

          (2)      No order is to be made containing provision authorised by any provision of

this Schedule unless a draft of the order has been laid before Parliament and

approved by a resolution of each House.

Interpretation of Schedule

  16      (1)      Part 1 of Schedule 2 to the 1990 Act applies for construing this Schedule as it

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applies for construing Part 2 of that Schedule.

          (2)      References in this paragraph to an area overlapping another include

references to its being the same as, or lying wholly inside, the other area.

Schedule 15

Section 353

 

Amendments of Broadcasting Acts

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Part 1

Amendments of the 1990 Act

Licences under Part 1

  1       (1)      Section 3 of the 1990 Act (licensing under Part 1) shall be amended as

follows.

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          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      In subsection (1), for “Chapter II, III, IV or V of this Part” there shall be

substituted “Chapter 2 or 5 of this Part or section 232 of the Communications

Act 2003”.

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          (4)      For subsection (8) (saving for telecommunications licences) there shall be

substituted—

              “(8)                The holding by a person of a licence under this Part shall not relieve

him of—

                    (a)                   any liability in respect of a failure to hold a licence under

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section 1 of the Wireless Telegraphy Act 1949; or

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    437

 

                    (b)                   any obligation to comply with requirements imposed by or

under Chapter 1 of Part 2 of the Communications Act 2003

(electronic communications networks and electronic

communications services).”

General licence conditions

5

  2       (1)      Section 4 of the 1990 Act (general licence conditions) shall be amended as

follows.

          (2)      For “the Commission”, wherever occurring, there shall be substituted

“OFCOM”.

          (3)      In subsection (1), in each of paragraphs (a) and (c), after “this Act” there shall

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be inserted “, the Broadcasting Act 1996 or the Communications Act 2003”.

          (4)      In subsection (3) (fixing of fees), for the words from “regard as necessary”

onwards there shall be substituted “regard as necessary for the purposes of

paragraph 8(1) of the Schedule to the Office of Communications Act 2002

(obligation to conduct affairs so as to be able to meet their obligations and

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carry out their functions).”

          (5)      In subsection (5) (provision of false information to be breach of condition)—

              (a)             for “imposed under this Part” there shall be substituted “contained

in the licence”; and

              (b)              after “and 42” there shall be inserted “or (as the case may be) sections

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234 and 235 of the Communications Act 2003 (enforcement of

television licensable content service licences)”.

Restrictions on licence holding

  3       (1)      Section 5 of the 1990 Act (restrictions on licence holding) shall be amended

as follows.

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          (2)      For “The Commission” and “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      In subsection (2) (incidental requirements to provide information), after

paragraph (d) there shall be inserted—

                    “(da)                      impose conditions in a licence requiring the licence holder, if

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a body corporate, to give OFCOM notice, after they have

occurred and irrespective of whether proposals for them

have fallen to be notified, of changes, transactions or events

affecting—

                           (i)                          shareholdings in the body; or

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                           (ii)                         the directors of the body;

                    (db)                      impose conditions in a licence enabling OFCOM to require

the licence holder to provide them with such information as

they may reasonably require for determining—

                           (i)                          whether the licence holder is a disqualified person in

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relation to that licence by virtue of Part 2 of Schedule

2; or

                           (ii)                         whether any such requirements as are mentioned in

subsection (1)(b) have been and are being complied

with by or in relation to the licence holder;”.

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          (4)      In subsection (6)—

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    438

 

              (a)             in paragraph (a), for “complained of” there shall be substituted

“constituting their grounds for revoking the licence”; and

              (b)             in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be

substituted “the requirements imposed by or under Schedule 14 to

the Communications Act 2003,”.

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          (5)      In subsection (6A)—

              (a)             paragraph (a) shall cease to have effect; and

              (b)             in paragraph (b), for “Part IV of that Schedule” there shall be

substituted “Part 1 of Schedule 14 to the Communications Act 2003”.

          (6)      Subsection (6B) shall cease to have effect.

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          (7)      In subsection (7), for the words from “a failure” to the end of paragraph (c)

there shall be substituted “a disqualification under Part 2 of Schedule 2 to

this Act or a contravention of a requirement imposed by or under Schedule

14 to the Communications Act 2003”.

Repeal of previous regulatory regime

15

  4        Sections 6 to 12 of the 1990 Act (which contain the mechanism for regulation

in relation to licences under Part 1 of that Act) shall cease to have effect.

Prohibition on providing television services without a licence

  5       (1)      Section 13 of the 1990 Act (prohibition on providing television services

without a licence) shall be amended as follows.

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          (2)      In subsection (1) (offence of providing such service without a licence), for

“service falling within section 2(1)(a), (aa), (b), (c), (cc) or (d)” there shall be

substituted “relevant regulated television service”.

          (3)      After that subsection there shall be inserted—

              “(1A)                In subsection (1) ‘relevant regulated television service’ means a

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service falling, in pursuance of section 208(1) of the Communications

Act 2003, to be regulated by OFCOM, other than a television

multiplex service.”

          (4)      In subsection (2) (exemption orders made after consulting the ITC), for “the

Commission” there shall be substituted “OFCOM”.

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Television broadcasting on Channel 3

  6        In section 14 of the 1990 Act (establishment of Channel 3), for “The

Commission” and “the Commission”, wherever occurring, there shall be

substituted “OFCOM”.

Applications for Channel 3 licences

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  7       (1)      Section 15 of the 1990 Act (applications for Channel 3 licences) shall be

amended as follows.

          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      In subsection (2), for “specified in section 16(2) or (3) (as the case may be)”

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there shall be substituted “that have to be imposed under Chapter 4 of Part

3 of the Communications Act 2003 by conditions relating to—

 

 

 
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