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Communications Bill


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

    446

 

                                      “‘television broadcasting service’, ‘television licensable content

service’ and ‘television programme service’ each has the

same meaning as in Part 3 of the Communications Act 2003;”.

Licensing functions of OFCOM

  33      (1)      Section 85 of the 1990 Act (licensing of independent radio services) shall be

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amended as follows.

          (2)      In subsections (1) and (2), for “the Authority” and “The Authority”,

wherever occurring, there shall be substituted “OFCOM”.

          (3)      In subsection (1), for “such licences to provide independent radio services as

they may determine” there shall be substituted “licences to provide relevant

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independent radio services”.

          (4)      Subsections (3) and (4) (duty to secure the meeting of a variety of tastes and

interests and to ensure fair and effective competition) shall cease to have

effect.

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

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              “(8)                In this section ‘relevant independent radio services’ means the

following services so far as they are services falling to be regulated

under section 242 of the Communications Act 2003—

                    (a)                   sound broadcasting services;

                    (b)                   radio licensable content services;

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                    (c)                   additional radio services.”

Licences under Part 3 of the 1990 Act

  34      (1)      Section 86 of the 1990 Act (licences under Part 3) shall be amended as

follows.

          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

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substituted “OFCOM”.

          (3)      For subsection (9) of that section there shall be substituted—

              “(9)                The holding of a licence by a person shall not relieve him of—

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

section 1 of the Wireless Telegraphy Act 1949; or

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                    (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

35

  35      (1)      Section 87 of the 1990 Act (general licence conditions) shall be amended as

follows.

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

“OFCOM”.

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

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

 

 

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

    447

 

          (4)      In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or”

immediately preceding it shall be omitted.

          (5)      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

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

carry out their functions).”

Restrictions on holding licences

  36      (1)      Section 88 of the 1990 Act (restrictions on the holding of licences) shall be

amended as follows.

10

          (2)      For “The Authority” and “the Authority”, 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)—

              (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

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the Communications Act 2003”.

          (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”.

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

          (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,”.

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

    448

 

Disqualification of persons convicted of transmission offences

  37      (1)      Section 89 of the 1990 Act (offences giving rise to disqualification) shall be

amended as follows.

          (2)      In subsection (1), for paragraph (a) there shall be substituted—

                           “(a)                             an offence under section 1(1) of the Wireless

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Telegraphy Act 1949 (‘the 1949 Act’) consisting in the

establishment or use of a station for wireless

telegraphy, or the installation or use of wireless

telegraphy apparatus, for the purpose of making a

broadcast (within the meaning of section 9 of the

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Marine, &c., Broadcasting (Offences) Act 1967);

                           (aa)                             an offence under section 1A of the 1949 Act (keeping

wireless telegraphy station or apparatus available for

unauthorised use) where the relevant contravention

of section 1 would constitute an offence falling within

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paragraph (a);

                           (ab)                             an offence under section 1B or 1C of the 1949 Act

(unlawful broadcasting offences);”.

          (3)      In subsection (3), for the words from “concerned” onwards there shall be

substituted “concerned in—

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                    (a)                      the provision of the licensed service or the making of

programmes included in it; or

                    (b)                      the operation of a station for wireless telegraphy used for

broadcasting the service.”

          (4)      This paragraph does not impose a disqualification in respect of any offence

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committed before the commencement of this paragraph.

Offence of providing regulated radio services

  38      (1)      Section 97 of the 1990 Act (prohibition on providing services without a

licence) shall be amended as follows.

          (2)      In subsection (1), for the words from “independent” to “84(1)(d), (e) or (f)”

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there shall be substituted “relevant regulated radio service”.

          (3)      After that subsection there shall be inserted—

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

falling to be regulated by OFCOM under section 242 of the

Communications Act 2003, other than a radio multiplex service.”

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          (4)      In subsection (2) (exemption orders made after consulting the Radio

Authority), for “the Authority” there shall be substituted “OFCOM”.

Applications for national licences

  39      (1)      Section 98 of the 1990 Act (applications for national licences) shall be

amended as follows.

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          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

substituted “OFCOM”.

          (3)      In subsection (3)(a) (proposals to accompany application)—

              (a)             the word “both”, and

 

 

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

    449

 

              (b)             sub-paragraph (ii) and the word “and” immediately preceding it,

                   shall be omitted.

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

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

                    (a)                   different percentages may be specified for different

5

accounting periods; and

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

period include a nil percentage.”

          (5)      In subsection (4) (provision of further information), after “paragraphs (a),”

there shall be inserted “(aa),”.

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          (6)      In subsection (6)(b) (publication of details of successful applicant), after

“subsection (3)(a)” there shall be inserted “and (aa)”.

Consideration of applications for a national licence

  40      (1)      Section 99 of the 1990 Act (consideration of applications for national licence)

shall be amended as follows.

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

“OFCOM”.

          (3)      In paragraph (a) of subsection (1) (proposals to accompany application)—

              (a)             the word “both”, and

              (b)             sub-paragraph (ii) and the word “and” immediately preceding it,

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                   shall be omitted.

          (4)      In paragraph (b) of that subsection, after “maintain that service” there shall

be inserted “and any proposed simulcast radio service corresponding to that

service”.

Award of national licences

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  41       In section 100 of the 1990 Act (award of national licences to person

submitting highest cash bid), for “the Authority” and “The Authority”,

wherever occurring, there shall be substituted “OFCOM”.

Failure to begin providing licensed service

  42      (1)      Section 101 of the 1990 Act (failure to begin providing licensed service) shall

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be amended as follows.

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

“OFCOM”.

          (3)      In subsection (1)—

              (a)             in paragraph (a) for “the service in question” there shall be

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substituted “the licensed national service or that he does not intend

to provide a corresponding simulcast radio service that he is

required to provide by a condition imposed under section 100A”;

and

              (b)             in paragraph (b), for “that service” there shall be substituted “the

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licensed national service or any such simulcast radio service”.

 

 

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

    450

 

          (4)      In subsection (2), for “the service in question” there shall be substituted “the

licensed national service or the simulcast radio service”.

Additional payments in respect of national licences

  43       In section 102 of the 1990 Act (additional payments in respect of national

licences), for “the Authority”, wherever occurring, there shall be substituted

5

“OFCOM”.

Restrictions affecting change in control of holder of national licence

  44      (1)      Section 103 of the 1990 Act (restrictions on change of control of national

licence) shall be amended as follows.

          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

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substituted “OFCOM”.

          (3)      In subsection (2) (interpretation), for the words from “as if” onwards there

shall be substituted “as it has effect for the purposes of that Schedule.”

Renewal of national licences

  45      (1)      Section 103A of the 1990 Act (renewal of national licences) shall be amended

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as follows.

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

“OFCOM”.

          (3)      In subsection (1), for “eight” there shall be substituted “twelve”.

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

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three months before”.

          (5)      In subsection (3), paragraph (a) and in paragraph (b) the words “in any other

case” shall cease to have effect.

          (6)      In subsection (4), for paragraph (b) there shall be substituted—

                    “(b)                      the applicant gave notice to OFCOM, within the period of

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one month beginning with the commencement of section 42

of the Broadcasting Act 1996, of his intention to provide a

simulcast radio service, and”.

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

              “(7)                The amount determined under subsection (6)(b) must be equal to the

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amount which, in OFCOM’s opinion, would have been the cash bid

of the licence holder were the licence (instead of being renewed) to

be granted for the period of the renewal on an application made in

accordance with section 98.

              (7A)                For the purposes of subsection (6)(c)—

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                    (a)                   different percentages may be specified for different

accounting periods; and

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

period include a nil percentage.”

          (8)      After subsection (10) there shall be inserted—

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