House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Communications Bill


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

    439

 

                    (a)                      the public service remit for that service,

                    (b)                      programming quotas,

                    (c)                      news and current affairs programmes, and

                    (d)                      programme production and regional programming.”

          (4)      In subsection (3)—

5

              (a)             in paragraph (b), for “specified in section 16(2) or (3) (as the case may

be)” there shall be substituted “that have to be imposed under

Chapter 4 of Part 3 of the Communications Act 2003 by conditions

relating to—

                                 (i)                                   the public service remit for that service,

10

                                 (ii)                                   programming quotas,

                                 (iii)                                   news and current affairs programmes, and

                                 (iv)                                   programme production and regional

programming”;

              (b)             paragraphs (c) to (e) shall be omitted.

15

          (5)      After subsection (3) there shall be inserted—

              “(3A)                For the purposes of subsection (1)(d)(ii)—

                    (a)                   different percentages may be specified for different

accounting periods; and

                    (b)                   the percentages that may be specified for an accounting

20

period include a nil percentage.”

          (6)      In subsection (4), for “paragraphs (b) to (e)” there shall be substituted

“paragraphs (b)”.

Procedure on consideration of applications for Channel 3 licences

  8       (1)      Section 16 of the 1990 Act (consideration of applications for Channel 3

25

licences) shall be amended as follows.

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

“OFCOM”.

          (3)      In subsection (1), for “specified in subsection (2) or (3) below (as the case may

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

30

Part 3 of the Communications Act 2003 by conditions relating to—

                           (i)                             the public service remit for that service,

                           (ii)                             programming quotas,

                           (iii)                             news and current affairs programmes, and

                           (iv)                             programme production and regional programming”.

35

          (4)      Subsections (2) and (3) of that section shall cease to have effect.

          (5)      In subsection (4) of that section—

              (a)             for “specified in subsection (2) or (3) (as the case may be),” there shall

be substituted “that have to be imposed under Chapter 4 of Part 3 of

the Communications Act 2003 by conditions relating to—

40

                           (a)                             the public service remit for that service,

                           (b)                             programming quotas,

                           (c)                             news and current affairs programmes, and

                           (d)                             programme production and regional programming,”;

              (b)             the words from “and in applying” onwards shall be omitted.

45

 

 

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

    440

 

          (6)      Subsections (5) to (8) shall cease to have effect.

Television broadcasting on Channel 3

  9       (1)      Section 17 of the 1990 Act (award of licences to person submitting highest

bid) shall be amended as follows.

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

5

shall be substituted “OFCOM”.

          (3)      In subsection (12)(b), for “specified in section 16(2) or (3) (as the case may

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

Part 3 of the Communications Act 2003 by conditions relating to—

                           (i)                             the public service remit for that service,

10

                           (ii)                             programming quotas,

                           (iii)                             news and current affairs programmes, and

                           (iv)                             programme production and regional programming”.

Financial conditions of licence and failures to begin a service

  10       In sections 17A to 19 of the 1990 Act (financial conditions in Channel 3

15

licences and failures to begin a service), for “The Commission” and “the

Commission”, wherever occurring, there shall be substituted “OFCOM”.

Changes of control in period after award of licence

  11       In section 21 of the 1990 Act (changes of control in period immediately after

award of licence), for “the Commission” and “The Commission”, wherever

20

occurring, there shall be substituted “OFCOM”.

Temporary provision of Channel 3 service for an additional area

  12       In section 22 of the 1990 Act (temporary provision of regional Channel 3

Service for additional area), for “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

25

Appointment of members of C4 Corporation

  13       In section 23 of the 1990 Act (appointment of C4C members), for “the

Commission”, wherever occurring, there shall be substituted “OFCOM”.

Channel 4 licence

  14       In section 24(3) of the 1990 Act (Channel 4 licence), for “the Commission”

30

there shall be substituted “OFCOM”.

Channel 5

  15       In section 28 of the 1990 Act (Channel 5), for “The Commission” and “the

Commission”, wherever occurring, there shall be substituted “OFCOM”.

Application to Channel 5 of Channel 3 provisions

35

  16      (1)      In section 29 of the 1990 Act (application to Channel 5 of Channel 3

provisions)—

 

 

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

    441

 

              (a)             subsection (2)(b) and the word “and” immediately preceding it, and

              (b)             subsection (3),

                   shall cease to have effect.

          (2)      In subsection (2)(a) of that section, for “the Commission” there shall be

substituted “OFCOM”.

5

Nomination of bodies to be eligible for appointment as news providers

  17      (1)      Section 32 of the 1990 Act (nomination of bodies to provide news for regional

Channel 3 services) shall be amended as follows.

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

shall be substituted “OFCOM”.

10

          (3)      In subsection (1) for “section 31(2)” there shall be substituted “section 276 of

the Communications Act 2003”.

          (4)      In subsection (3) for the words from “and” onwards there shall be

substituted “; but a person whose nomination expires at the end of such a

period shall be eligible to be nominated for a further period.”

15

          (5)      In subsection (13)—

              (a)             in paragraph (b), for “section 31(2)” there shall be substituted

“section 276 of the Communications Act 2003”; and

              (b)             in paragraph (c), for the words from “section 31(2)” onwards there

shall be substituted “section 276 of the Communications Act 2003

20

under the arrangements referred to in that section.”.

Announcement of programme Schedules

  18       In section 37(1) of the 1990 Act (conditions requiring announcement of

programme Schedules), for “the Commission” there shall be substituted

“OFCOM”.

25

Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licences

  19      (1)      In sections 40 to 42 of the 1990 Act (enforcement of licences), for “the

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

substituted “OFCOM”.

          (2)      In sections 41(1) and 42(1)(a) of that Act (which contain provisions relating

30

to the enforcement of directions under Part 1 of that Act), after “this Part”, in

each place, there shall be inserted “, Part 5 of the Broadcasting Act 1996 or

Part 3 of the Communications Act 2003”.

Restricted services

  20       In section 42B(1) of the 1990 Act (licensing of restricted services), for “the

35

Commission”, wherever occurring, there shall be substituted “OFCOM”.

Additional television services

  21      (1)      Section 48 of the 1990 Act (additional services) shall be further amended as

follows.

          (2)      In subsection (1)—

40

 

 

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

    442

 

              (a)             for “telecommunication” there shall be substituted “electronic”; and

              (b)             for paragraphs (a) and (b) there shall be substituted “on a relevant

frequency”.

          (3)      In subsection (2), for paragraphs (a) and (b) there shall be substituted “any

part of the signals which—

5

              (a)             is not required for the purposes of the television broadcasting service

for the purposes of which the frequency has been made available;

and

              (b)             is determined by OFCOM to be available for the provision of

additional services;”.

10

          (4)      After that subsection there shall be inserted—

              “(2A)                For the purposes of this Part, if they consider it appropriate to do so,

OFCOM may, while an additional services licence is in force, from

time to time modify the determination made under subsection (2)(b)

for the purposes of that licence in any manner that does not reduce

15

the amount of spare capacity made available for the licensed

services; and when so modified any such licence shall have effect

accordingly.”

          (5)      In subsection (3)—

              (a)             for “The Commission” there shall be substituted “OFCOM”; and

20

              (b)             for “(2)(a)” there shall be substituted “(2)(b)”; and

              (c)             for paragraphs (a) to (c) there shall be substituted—

                           “(a)                             to the obligations contained in any code under section

298 of the Communications Act 2003 by virtue of

subsection (3) of that section; and

25

                           (aa)                             to any need of the person providing the television

broadcasting service in question to be able to use part

of   the signals carrying  it for                            providing services (in

addition to those provided for satisfying those

obligations) which—

30

                                 (i)                                are ancillary to programmes included in the

service and directly related to their contents;

or

                                 (ii)                               relate to the promotion or listing of such

programmes.”

35

          (6)      In subsection (4), for paragraphs (a) and (b) there shall be substituted—

                    “(a)                      to provide services for the satisfaction in his case of

obligations mentioned in subsection (3)(a); and

                    (b)                      to provide in relation to his television broadcasting service

any such services as are mentioned in subsection (3)(aa).”

40

          (7)      For subsection (6) there shall be substituted—

              “(6)                In this section—

                                      ‘electronic signals’ means signals within the meaning of section

29 of the Communications Act 2003;

                                      ‘relevant frequency’ means a frequency made available by

45

OFCOM for the purposes of a television broadcasting

service.”

 

 

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

    443

 

          (8)      This paragraph does not affect the validity of a licence granted or last

renewed before the television transfer date, or the services licensed by any

such licence.

Licensing of additional television services

  22      (1)      Section 49 of the 1990 Act (licensing of additional television services) shall be

5

amended as follows.

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

“OFCOM”.

          (3)      In subsection (1), for the words from “of the following” to “48(1)(b)” there

shall be substituted “relevant frequency”.

10

          (4)      For subsections (2) and (3) there shall be substituted—

              “(1A)                An additional services licence is not required for an additional

service that is comprised in the public teletext service (within the

meaning of Part 3 of the Communications Act 2003).”

          (5)      In subsection (10), at the end there shall be inserted “and ‘relevant

15

frequency’ has the same meaning as in section 48.”

Applications for additional services licences

  23      (1)      Section 50 of the 1990 Act (applications for additional services licences) shall

be amended as follows.

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

20

shall be substituted “OFCOM”.

          (3)      In subsection (1)(b)(ii), the words “(subject to the approval of the Secretary

of State)” shall be omitted.

          (4)      Subsection (7) shall cease to have effect.

Procedure on application etc. for additional television services licences

25

  24      (1)      Section 51 of the 1990 Act (consideration of applications for licences for

additional television services) shall be amended as follows.

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

“OFCOM”.

          (3)      In subsection (1), for paragraph (a) (requirement of approval of technical

30

plans) there shall be substituted—

                    “(a)                      that the technical plan submitted under section 50(3)(b), in so

far as it involves the use of an electronic communications

network (within the meaning of the Communications Act

2003), contains proposals that are acceptable to them; and”.

35

          (4)      Subsections (2) and (7) shall cease to have effect.

Additional payments in respect of additional television services licences

  25       In section 52 of the 1990 Act (additional payments in respect of additional

television services licences), for “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

40

 

 

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

    444

 

Duration of additional television services licences

  26      (1)      Section 53 of the 1990 Act (duration and renewal of additional television

services licences) shall be amended as follows.

          (2)      In subsection (1), for the words before paragraph (a) there shall be

substituted—

5

              “(1)                A licence to provide additional services on a frequency which is a

relevant frequency for the purposes of section 48 or (in the case of a

licence granted before the television transfer date) was assigned

under section 65—”.

          (3)               In subsection (2), after “not later than” there shall be inserted “the day falling

10

three months before”.

          (4)      In subsections (4) to (11), for “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (5)      In subsection (8), for the words from “payable” onwards there shall be

substituted “the cash bid of the licence holder were the licence (instead of

15

being renewed) to be granted for the period of the renewal on an application

made in accordance with section 50(3).”

          (6)      After that subsection there shall be inserted—

              “(8A)                For the purposes of subsection (7)(b)—

                    (a)                   different percentages may be specified for different

20

accounting periods; and

                    (b)                   the percentages that may be specified for an accounting

period include a nil percentage.”

          (7)      After subsection (11) there shall be inserted—

              “(12)                A determination for the purposes of subsection (11)—

25

                    (a)                   must be made at least one year before the date determined;

and

                    (b)                   must be notified by OFCOM to the person who holds the

licence in question.

              (13)                In this section ‘the television transfer date’ has the same meaning as

30

in the Communications Act 2003.”

Additional television services not to interfere with other transmissions

  27      (1)      Section 54 of the 1990 Act (additional television services not to interfere with

other transmissions) shall be amended as follows.

          (2)      In subsection (1), for “the Commission” there shall be substituted “OFCOM”.

35

          (3)      Subsection (2) shall cease to have effect.

Enforcement of additional television services licences

  28      (1)      Section 55 of the 1990 Act (further provision in relation to additional

television services licences) shall be amended as follows.

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

40

shall be substituted “OFCOM”.

 

 

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

    445

 

          (3)      In subsection (4) at the end there shall be inserted “and, in the case of a

licence renewed under section 53 as if the reference in section 42(4) to the

end of the period for which the licence is to continue in force were a

reference to the end of the period for which it has been renewed.

The Welsh Authority

5

  29      (1)      Section 58 of the 1990 Act (sources of programmes for S4C) shall be amended

as follows.

          (2)      In subsection (1), for “comply with their duty under section 57(2)(b)” there

shall be substituted “fulfil so much of their public service remit in relation to

S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is

10

contained in sub-paragraph (2)(a) and (b) of that paragraph”.

          (3)      In subsection (2)(a), for “comply with section 57(3)” there shall be

substituted “fulfil so much of their public service remit in relation to S4C

under paragraph 3 of Schedule 12 to the Communications Act 2003 as is

contained in sub-paragraph (2)(c) of that paragraph”.

15

          (4)      After subsection (5) there shall be inserted—

              “(6)                In this section ‘programme’ does not include an advertisement.”

Distribution of licensed public service channels

  30      (1)      Section 66 of the 1990 Act (requirements relating to transmission and

distribution of services) shall be amended as follows.

20

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

“OFCOM”.

          (3)      In subsections (1) and (2), for “for general reception” there shall be

substituted “so as to be available for reception by members of the public”.

          (4)      After subsection (2) there shall be inserted—

25

              “(2A)                In subsections (1) and (2) ‘available for reception by members of the

public’ shall be construed in accordance with section 354 of the

Communications Act 2003”.

Enforcement of licences held by BBC companies

  31       In section 66A of the 1990 Act (enforcement of licences held by BBC

30

companies), for “the Commission”, wherever occurring, there shall be

substituted “OFCOM”.

Interpretation of Part 1

  32      (1)      Section 71 of the 1990 Act (interpretation) shall be amended as follows.

          (2)      For the definitions of “S4C” and “on S4C” there shall be substituted—

35

                                      “‘S4C’ has the same meaning as in Part 3 of the

Communications Act 2003;”.

          (3)      For the definitions of “television broadcasting service” and “television

programme service” there shall be substituted—

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 7 March 2003