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Communications Bill


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

    451

 

              “(10A)                In the case of a pre-transfer national licence (including one for a

period extended under section 250 of the Communications Act

2003)—

                    (a)                   the licence is not to be capable of being renewed under this

section if it has already been renewed under this section

5

before the radio transfer date; and

                    (b)                   on the renewal of the licence, it shall be the duty of OFCOM

to secure that the renewed licence contains only such

provision as would be included in a national licence granted

by OFCOM under this Part after the radio transfer date.”

10

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

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

                    (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

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licence in question.”

Applications for local licences

  46      (1)      Section 104 of the 1990 Act (application for local licences) 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 (6), for the words from the beginning to “shall be made” there

shall be substituted “An application for a licence to provide a restricted

service shall be made”.

Renewal of local licences

25

  47      (1)      Section 104A of the 1990 Act (renewal of local licences) shall be amended as

follows.

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

substituted “OFCOM”.

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

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

three months before”.

          (5)      After subsection (12) there shall be inserted—

              “(12A)                In the case of a pre-transfer local licence (including one for a period

extended under section 250 of the Communications Act 2003)—

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                    (a)                   the licence is not to be capable of being renewed under this

section if it has already been renewed under this section

before the radio transfer date; and

                    (b)                   on the renewal of the licence, it shall be the duty of OFCOM

to secure that the renewed licence contains only such

40

provision as would be included in a local licence granted by

OFCOM under this Part after the radio transfer date.”

 

 

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

    452

 

          (6)      In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall

be substituted “paragraph 8(2) of Schedule 14 to the Communications Act

2003”.

          (7)      After subsection (13) there shall be inserted—

              “(14)                A determination for the purposes of subsection (13)(c)—

5

                    (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.”

Special procedure for applications for local licences

10

  48      (1)      Section 104B of the 1990 Act (special procedure for applications for local

licences) shall be amended as follows.

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

“OFCOM”.

          (3)      After subsection (1) there shall be inserted—

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              “(1A)                In subsection (1)(c) the reference to the service in question, in relation

to a case in which it is a pre-transfer local licence that is due to expire,

is a reference to the equivalent local service for which a licence is

capable of being granted at times on or after the radio transfer date.”

Special requirements relating to grant of local licences

20

  49      (1)      Section 105 of the 1990 Act (special requirements relating to grant of local

licences) shall be amended as follows.

          (2)      For “the Authority” there shall be substituted “OFCOM”.

          (3)      For paragraph (d) (duty to have regard to the extent to which proposed

service supported by persons living in the area) there shall be substituted—

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                    “(d)                      the extent to which there is evidence that, amongst persons

living in that area or locality, there is a demand for, or

support for, the provision of the proposed service.”

Requirements as to character and coverage of services

  50       In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements

30

as to character and coverage of services), for “the Authority”, wherever

occurring, there shall be substituted “OFCOM”.

Enforcement of licences

  51       In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the

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

35

substituted “OFCOM”.

Power to suspend licences to provide radio licensable content services from a satellite

  52      (1)      Section 111B of the 1990 Act (power to suspend licence to provide satellite

service) shall be amended as follows.

 

 

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

    453

 

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

“OFCOM”.

          (3)      In subsection (1)—

              (a)             in paragraph (a), for “satellite service” there shall be substituted

“radio licensable content service”;

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              (b)             in paragraph (b), for the words from “included in the licence” to the

end of the paragraph there shall be substituted “which in compliance

with section 259 of the Communications Act 2003 is included in the

licence for the purpose of securing the objective mentioned in section

312(2)(b) of that Act, and”.

10

Additional radio services

  53      (1)      Section 114 of the 1990 Act (additional radio services) shall be amended as

follows.

          (2)      In subsection (1)—

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

15

              (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—

                    (a)                      is not required for the purposes of the sound broadcasting

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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;”.

          (4)      After that subsection there shall be inserted—

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              “(2A)                At any time while an additional services licence is in force, OFCOM

may, if they consider it appropriate to do so, modify or further

modify the determination made for the purposes of that licence

under subsection (2)(b); and where there has been such a

modification or further modification, the licence shall have effect

30

accordingly.

              (2B)                A modification or further modification under subsection (2A) must

not reduce the amount of spare capacity made available for the

licensed services”

          (5)      In subsection (3), for the words from the beginning to “subsection (2)(a)”

35

there shall be substituted “OFCOM shall, when determining under

subsection (2)”.

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

              “(6)                In this section ‘electronic signal’ means a signal within the meaning

of section 29 of the Communications Act 2003.

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              (7)                In this section and section 115 ‘relevant frequency’ means a

frequency made available by OFCOM for the purposes of a sound

broadcasting service.”

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

renewed before the radio transfer date, or the services licensed by any such

45

licence.

 

 

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

    454

 

Licensing of additional radio services

  54      (1)      Section 115 of the 1990 Act (licensing of additional radio services) shall be

amended as follows.

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

substituted “OFCOM”.

5

          (3)      In subsection (1), for the words from “of the following” to “114(1)(b)” there

shall be substituted “relevant frequency”.

          (4)      In subsection (8), for “local, restricted or satellite service” there shall be

substituted “local or restricted service or to provide a radio licensable

content service”.

10

Applications for additional radio services licences

  55      (1)      Section 116 of the 1990 Act (applications for additional radio services

licences) shall be amended as follows.

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

substituted “OFCOM”.

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

of State)” shall be omitted.

Procedure for awarding additional radio services licences

  56      (1)      Section 117 of the 1990 Act (procedure for awarding additional radio

services licences) shall be amended as follows.

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

“OFCOM”.

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

plans) there shall be substituted—

                    “(a)                      that the technical plan submitted under section 116(3)(b), in

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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”.

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

Additional payments in respect of additional radio services licences

30

  57       In section 118 of the 1990 Act (additional payments in respect of additional

radio services licences), for “the Authority”, wherever occurring, there shall

be substituted “OFCOM”.

Additional radio services not to interfere with other transmissions

  58      (1)      Section 119 of the 1990 Act (additional radio services not to interfere with

35

other transmissions) shall be amended as follows.

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

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

 

 

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

    455

 

Enforcement of additional radio services licences

  59       In section 120 of the 1990 Act (enforcement of additional radio services

licences), for “the Authority” and “The Authority”, wherever occurring,

there shall be substituted “OFCOM”.

Interpretation

5

  60       In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3)—

              (a)             for the definition of “independent radio service” there shall be

substituted—

                                                   “‘independent radio service’ means a service falling to

be regulated under section 242 of the

10

Communications Act 2003;”

              (b)             for the definitions of “local service”, “national service”, “restricted

service” and “satellite service” there shall be substituted—

                                                   “‘local service’, ‘national service’ and ‘restricted

service’ each has the same meaning as in section 242

15

of the Communications Act 2003;

                                                   ‘pre-transfer local licence’ and ‘pre-transfer national

licence’ each has the same meaning as in section 250

of that Act;

                                                   ‘radio licensable content service’ has the same meaning

20

as in Part 3 of that Act;

                                                   ‘radio transfer date’ has the same meaning as in that

Act;”.

              (c)             in the definition of “sound broadcasting service” for the words from

“(as defined” to the end there shall be substituted “(within the

25

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

Duty to provide advance information about programmes

  61       In column 1 of the Table in section 176(7) of the 1990 Act (persons who are

the providers of services for the purposes of the obligations to give advance

information about programmes)—

30

              (a)             for “regulation by the Independent Television Commission” there

shall be substituted “regulation by OFCOM”;

              (b)             for “The television broadcasting service provided by the Welsh

Authority and the service referred to in section 57(1A)(a)” there shall

be substituted “The public television services of the Welsh Authority

35

(within the meaning of Part 2 of Schedule 12 to the Communications

Act 2003)”; and

              (c)             for “section 84(2)(a)(i)” there shall be substituted “section 126(1)”;

              (d)             for “the Radio Authority”, in both places, there shall be substituted

“OFCOM”.

40

Proscription of foreign satellite services

  62      (1)      Section 177 of the 1990 Act (proscription of foreign satellite stations) shall be

amended as follows.

 

 

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

    456

 

          (2)      In subsection (2), for “the Independent Television Commission or the Radio

Authority consider that the quality of any relevant” there shall be

substituted “OFCOM consider that the quality of any”.

          (3)      In subsection (3), for the words from the beginning to “Authority” there shall

be substituted “OFCOM”.

5

          (4)      In subsection (6), the definition of “relevant foreign satellite service” shall be

omitted.

Financing of Gaelic Broadcasting

  63      (1)      Section 183 of the 1990 Act (financing of Gaelic Broadcasting) shall be

amended as follows.

10

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

“OFCOM”.

          (3)      In subsection (2), for “by them under this section to be” there shall be

substituted “by the Independent Television Commission under this section

and”.

15

          (4)      This paragraph—

              (a)              so far as it relates to subsection (1) of section 183 has effect in relation

only to financial years beginning after the television transfer date;

and

              (b)             so far as it relates to subsection (2) of that section does not apply to

20

amounts paid for earlier financial years.

Gaelic Broadcasting in Scotland

  64      (1)      Section 184 of the 1990 Act (broadcasting of programmes in Gaelic on

Channel 3 in Scotland) shall be amended as follows.

          (2)      In subsection (1), for the words “subsection (2)” there shall be substituted

25

“subsection (1)(a)”.

          (3)      In subsection (3), for the words from “The conditions” to “the purpose of”

there shall be substituted “The regulatory regime for a service to which this

section applies includes the conditions that OFCOM consider appropriate

for”.

30

          (4)      After that subsection there shall be inserted—

              “(3A)                Section 259 of the Communications Act 2003 (regulatory regime)

applies in relation to conditions included by virtue of subsection (3)

in the regulatory regime for a licensed service as it applies in relation

to conditions which are so included by virtue of a provision of

35

Chapter 4 of Part 3 of that Act.”

          (5)      In subsection (4)(b), for “the Commission” there shall be substituted

“OFCOM”.

Maintenance of the national television archive

  65      (1)      In section 185 of the 1990 Act (maintenance of the national television

40

archive)—

              (a)             for “The Commission” and “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

 

 

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

    457

 

              (b)             in subsection (5), the definition of “the Commission” shall be

omitted.

          (2)      This paragraph so far as it relates to subsection (1) of that section has effect

in relation only to financial years beginning after the television transfer date.

Modification of networking arrangements

5

  66      (1)      Section 193 of the 1990 Act (modification of networking arrangements in

consequence of competition legislation) shall be amended as follows.

          (2)      In subsection (1), for the words from “the Office of Fair Trading” to “relevant

authority’)” there shall be substituted “the relevant authority”.

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

10

              “(2A)                In subsection (1), ‘relevant authority’ means—

                    (a)                   in relation to a relevant order falling within subsection (2)(a),

the Office of Fair Trading, the Competition Commission or

(as the case may be) the Secretary of State;

                    (b)                   in relation to a relevant order falling within subsection (2)(b),

15

the Office of Fair Trading, the Competition Commission, the

Secretary of State or (as the case may be) OFCOM.”

          (4)      In subsection (4), for “section 39(1) above” there shall be substituted “section

285(4) of the Communications Act 2003”.

Search warrants

20

  67      (1)      Section 196 of the 1990 Act (grant of search warrant to person authorised by

the Independent Television Commission or the Radio Authority) shall be

amended as follows.

          (2)      In subsection (1), for “the relevant authority” there shall be substituted

“OFCOM”.

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          (3)      Subsection (2) (definition of “relevant authority”) shall be omitted.

Notices

  68       In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a)

and (b) there shall be substituted “by OFCOM under section 21, 41, 42, 55,

103, 109, 110, 111 or 120”.

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Interpretation

  69      (1)      Section 202 of the 1990 Act (general interpretation) shall be amended as

follows.

          (2)      In subsection (1), after the definition of “modifications” there shall be

inserted—

35

                                      “‘OFCOM’ means the Office of Communications;”.

          (3)      After subsection (6) there shall be inserted—

              “(6A)                Subsections (2) and (3) of section 355 of the Communications Act

2003 (persons by whom services provided) are to apply for the

purposes of this Act as they apply for the purposes of Part 3 of that

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Act.”

 

 

 
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