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Communications Bill


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

    458

 

Disqualified persons

  70      (1)      Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be

amended as follows.

          (2)      In paragraph 1(1) of Part 1, after the definition of “associate” there shall be

inserted—

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                       “‘Broadcasting Act licence’ means a licence under Part 1 or

3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;”.

          (3)      In Part 2 (disqualified persons), for “a licence granted by the Commission or

the Authority”, wherever occurring, there shall be substituted “a

Broadcasting Act licence”.

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          (4)      In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within

paragraphs (a) to (g)), for “(a)” there shall be substituted “(c)”.

          (5)      In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted

“under Part 3 of this Act or Part 2 of the Broadcasting Act 1996”.

          (6)      In paragraph 4(1) of Part 2, for “that body” there shall be substituted

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“OFCOM”.

          (7)      In paragraph 4(2) of Part 2—

              (a)             in paragraph (a), for “by the Commission, means a body” there shall

be substituted “under Part 1 of this Act or Part 1 of the Broadcasting

Act 1996, means a person”; and

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              (b)             in paragraph (b), for “by the Authority, means a body” there shall be

substituted “under Part 3 of this Act or Part 2 of the Broadcasting Act

1996, means a person”.

          (8)      In paragraph 5A of Part 2—

              (a)             in sub-paragraph (1)(a), the words “granted by the Commission”,

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              (b)             sub-paragraph (1)(b) and the word “and” immediately preceding it,

              (c)             in sub-paragraph (2), the words “granted by the Authority”,

                   shall be omitted.

C4C

  71      (1)      Schedule 3 to the 1990 Act (provision about constitution and management of

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C4C) shall be amended as follows.

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

“OFCOM”.

          (3)      In paragraph 2(1) (persons disqualified from membership of the

Corporation), for paragraphs (b) to (d) there shall be substituted “or

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                      (b)                        a member or employee of OFCOM.”

The Welsh Authority

  72      (1)      Schedule 6 to the 1990 Act (provision about constitution and management of

the Welsh Authority) shall be amended as follows.

          (2)      In paragraph 2 (persons disqualified from membership of the Authority)—

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              (a)             sub-paragraph (1) shall be omitted; and

              (b)             in sub-paragraph (2)(b), for “the Commission” there shall be

substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    459

 

          (3)      In paragraph 12(1A), for the words from “the general fund” onwards there

shall be substituted “the assets of the Authority that are not comprised in

that fund; and accordingly, the statement must deal with liabilities

separately according to whether they fall to be met from that fund or from

those assets.”

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Computation of qualifying revenue

  73      (1)      Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be

amended as follows.

          (2)      In Part 1, for “the Commission” and “The Commission”, wherever occurring,

there shall be substituted “OFCOM”.

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          (3)      In Part 2, for “the Authority” and “The Authority”, wherever occurring,

there shall be substituted “OFCOM”.

The Gaelic Television Committee

  74      (1)      Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended

as follows.

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

shall be substituted “OFCOM”.

          (3)      For “Committee”, wherever occurring, there shall be substituted “Service”.

          (4)      In paragraph 8(c), the words “and (where the expenses relate to the

Commission’s functions in connection with sound programmes) the Radio

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Authority” shall be omitted.

          (5)      In paragraph 11(4), the words “or the Radio Authority” and “or (as the case

may be) the Authority” shall be omitted.

Part 2

Amendments of the 1996 Act

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Multiplex services and digital programme services

  75      (1)      Section 1 of the 1996 Act (interpretation) shall be amended as follows.

          (2)      For subsection (1) there shall be substituted—

              “(1)                In this Part ‘multiplex service’ means (except where the context

otherwise requires) a television multiplex service.”

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          (3)      In subsection (4), for “for general reception” there shall be substituted “so as

to be available for reception by members of the public”.

          (4)      For subsection (4A) there shall be substituted—

              “(4A)                In subsection (4), ‘available for reception by members of the public’

means available for reception by members of the public (within the

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meaning of Part 3 of the Communications Act 2003) in the United

Kingdom or another EEA State, or in an area of the United Kingdom

or of such a State.”

          (5)      For subsection (7) of that section there shall be substituted—

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    460

 

              “(7)                In this section ‘broadcast’ means broadcast otherwise than from a

satellite.”

Meaning of qualifying service

  76       In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for

subsections (2) to (6) there shall be substituted—

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              “(2)                In this Part ‘qualifying service’ means any of the following, so far as

they are provided with a view to their being broadcast in digital

form—

                    (a)                   a television broadcasting service included in Channel 3;

                    (b)                   Channel 4;

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                    (c)                   Channel 5;

                    (d)                   S4C Digital;

                    (e)                   a television programme service provided by the Welsh

Authority with the approval of the Secretary of State under

section 202 of the Communications Act 2003;

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                    (f)                   the digital public teletext service.”

Licences under Part 1

  77      (1)      Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended

as follows.

          (2)      In subsection (1), for “the Independent Television Commission (in this Part

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referred to as the ‘the Commission’)” there shall be substituted “OFCOM”.

          (3)      In subsections (3) to (7), for “The Commission” and “the Commission”,

wherever occurring, there shall be substituted “OFCOM”.

          (4)      For subsection (8) there shall be substituted—

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

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him of—

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

section 1 of the Wireless Telegraphy Act 1949; or

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

under Chapter 1 of Part 2 of the Communications Act 2003

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(electronic communications networks and electronic

communications services).”

              

Licence conditions

  78      (1)      Section 4 of the 1996 Act (general licence conditions) shall be amended as

35

follows.

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

“OFCOM”.

          (3)      In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this

Act” there shall be substituted “this Act, the 1990 Act or the

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Communications Act 2003”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    461

 

          (4)      In subsection (3) (fixing 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

carry out their functions).”

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Restrictions on digital licence holding

  79      (1)      Section 5 of the 1996 Act (restrictions on holding licences) shall be amended

as follows.

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

shall be substituted “OFCOM”.

10

          (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

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

occurred and irrespective of whether proposals for them

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

affecting—

                           (i)                          shareholdings in the body; or

                           (ii)                         the directors of the body;

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

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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

relation to that licence by virtue of Part 2 of Schedule

2 to the 1990 Act; or

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                           (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;”.

          (4)      In subsection (6)—

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

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“constituting their grounds for revoking the licence”.

              (b)             in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act”

there shall be substituted “the requirements imposed by or under

Schedule 14 to the Communications Act 2003”.

          (5)      In subsection (7)—

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              (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)      In subsection (8), 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 the

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1990 Act or a contravention of a requirement imposed by or under Schedule

14 to the Communications Act 2003,”.

Multiplex licences

  80      (1)      Section 7 of the 1996 Act (multiplex licences) shall be amended as follows.

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

45

shall be substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    462

 

          (3)      In subsection (4)—

              (a)             after paragraph (c) there shall be inserted—

                           “(ca)                             the applicant’s proposals as to the number (if any) of

digital sound programmes services which are to be

broadcast, as to the characteristics of each of those

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services and as to the areas in which they would be

provided;”

              (b)             in paragraph (d) for “those services” there shall be substituted “the

services mentioned in paragraphs (c) and (ca)”.

Award of multiplex licences

10

  81      (1)      Section 8 of the 1996 Act (award of multiplex licences) shall be amended as

follows.

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

“OFCOM”.

          (3)      In subsection (2)(f), after “digital programme service” there shall be inserted

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“, digital sound programme service”.

Power to require two or more multiplex licences to be granted to one person

  82       In section 9 of the 1996 Act (grant of two or more multiplex licences to one

person), for “The Commission” and “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

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Award of multiplex licences subject to conditions

  83      (1)      Section 10 of the 1996 Act (award of multiplex licences subject to conditions)

shall be amended as follows.

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

shall be substituted “OFCOM”.

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          (3)      In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted

“this Act, the 1990 Act or Part 3 of the Communications Act 2003”.

Failure to provide licensed service and revocation

  84       In section 11 of the 1996 Act (failure to provide licensed service and

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

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substituted “OFCOM”.

Conditions attached to multiplex licences

  85       In section 12 of the 1996 Act (conditions attached to multiplex licences), for

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

“OFCOM”.

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Additional payments in respect of multiplex licences

  86       In section 13 of the 1996 Act (additional payments in respect of multiplex

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

substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    463

 

Multiplex revenue

  87      (1)      Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows.

          (2)      In subsection (1)—

              (a)             for “section 13(1)” there shall be substituted “this Part”;

              (b)             for “the holder of a multiplex licence” there shall be substituted “the

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person who is the multiplex provider in relation to any television

multiplex service or any general multiplex service”;

              (c)             in paragraph (a), for “the multiplex service to which the licence

relates” there shall be substituted “the relevant multiplex”;

              (d)             in paragraph (b) for “of any qualifying service by means of the

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multiplex service” there shall be substituted “by means of the

multiplex service of any service which is a qualifying service or

which (without being a qualifying service) is provided by the BBC”;

              (e)             in paragraphs (c) and (d), for “the holder of the multiplex licence”

and “the multiplex service”, in each place where they occur there

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shall be substituted, respectively, “the multiplex provider” and “the

relevant multiplex”

          (3)      In subsections (2) to (8)—

              (a)             for the words “the holder of the multiplex licence” and “the licence

holder”, wherever occurring, there shall be substituted, in each case,

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“the multiplex provider”; and

              (b)             for “the Commission”, wherever occurring, there shall be substituted

“OFCOM”.

          (4)      In subsection (9)—

              (a)             after the definition of “additional services provider” there shall be

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inserted—

                                                   “‘multiplex provider’—

                                 (a)                                in relation to a television multiplex service for

which a person holds a licence under this Part,

means the licence holder; and

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                                 (b)                                in relation to a television multiplex service

which is not licensed under this Part or a

general multiplex service, means the person

who provides that service;”

              (b)             after the definition of “programme provider” there shall be

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inserted—

                                                   “‘the relevant multiplex’—

                                 (a)                                in relation to a multiplex provider falling

within paragraph (a) of the definition of that

expression, means the television multiplex

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service to which his licence relates; and

                                 (b)                                in relation to any other multiplex provider,

means the television multiplex service or

general multiplex service which is provided

by him;

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                                          and this section and section 15 shall have effect as if

references in this section to digital programme services

included references to digital sound programme services and

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    464

 

                                          references to digital additional services included references

to digital additional services within the meaning of Part 2.”

Attribution of multiplex revenue to multiplex providers

  88      (1)      Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder)

shall be amended as follows.

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          (2)      In subsection (1)—

              (a)             for “the holder of a multiplex licence” there shall be substituted “the

person who is the multiplex provider in relation to any television

multiplex service”;

              (b)             for “of multiplex services in that period,” there shall be substituted

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“in that period of television multiplex services,”;

              (c)             for “the holder of the multiplex licence” there shall be substituted,

“the multiplex provider”.

          (3)      In subsection (2)—

              (a)             for “a multiplex service” there shall be substituted “a television

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multiplex service or a general multiplex service”;

              (b)             for “the holder of the multiplex licence”, wherever occurring, there

shall be substituted “the multiplex provider”.

          (4)      In subsection (3)—

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

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              (b)             for “the holder of the multiplex licence” there shall be substituted

“the multiplex provider”.

          (5)      In subsection (4), after “‘additional services provider’” there shall be

inserted “, “‘multiplex provider’”.

Duration of multiplex licences

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  89      (1)      Section 16 of the 1996 Act (duration and renewal of multiplex licences) shall

be amended as follows.

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

“OFCOM”.

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

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three months before”.

          (4)               After subsection (12), there shall be inserted—

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

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

and

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

licence in question.”

Enforcement of multiplex licences

  90       In section 17 of the 1996 Act (enforcement of multiplex licences), for “the

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

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substituted “OFCOM”.

 

 

 
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