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Communications Bill


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

    465

 

Licensing of digital programme services

  91      (1)      Section 18 of the 1996 Act (licensing of digital programme services) shall be

amended as follows.

          (2)      In subsections (1) to (4), for “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

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          (3)      Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall

cease to have effect.

Conditions of licences for digital programme services

  92      (1)      Section 19 of the 1996 Act (conditions of licences for digital programme

services) shall be amended as follows.

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          (2)      In subsection (3)—

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

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a multiplex licence” there

shall be substituted, in each case, “the provider of a television

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multiplex service or general multiplex service”,

              (c)             in paragraph (a), for “by means of a multiplex service” there shall be

substituted “by means of that provider’s service”; and

              (d)             in paragraph (a)(i), for “the identity of the multiplex service” there

shall be substituted “the identity of the service by means of which it

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will be broadcast”.

          (3)      Subsections (2) and (4) to (10) of that section shall cease to have effect.

Duration and enforcement of multiplex licenses

  93      (1)      Section 23 of the 1996 Act (enforcement of digital programme licences) 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 (4), for the words from “multiplex service” onwards there shall

be substituted “television multiplex service or general multiplex service,

means the last accounting period of the multiplex provider”.

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          (4)      In subsection (5), for “multiplex service, the first accounting period of the

holder of the multiplex licence” there shall be substituted “television

multiplex service or general multiplex service, the first accounting period of

the multiplex provider”.

          (5)      After that subsection there shall be inserted—

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              “(5A)                In subsections (4) and (5) ‘multiplex provider’ has the same meaning

as in section 14.”

          (6)      In subsection (8) for “apology” there shall be substituted “statement of

findings”.

Digital additional services

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  94      (1)      Section 24 of the 1996 Act (digital additional services) shall be amended as

follows.

 

 

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

    466

 

          (2)      In subsection (1), for paragraphs (a) and (b) there shall be substituted—

                    “(a)                      is provided by a person with a view to its being broadcast in

digital form (whether by him or some other person) so as to

be available for reception by members of the public;

                    (b)                      is so provided with a view either—

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                           (i)                          to the broadcasting being by means of a television

multiplex service or by means of a general multiplex

service; or

                           (ii)                         to the members of the public in question being or

including members of the public in an EEA State

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other than the United Kingdom, or in an area of such

a State;

                                          and

                    (c)                      is not a Channel 3 service, Channel 4, Channel 5, a public

television service of the Welsh Authority, the digital public

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teletext service, a digital programme service, a digital sound

programme service, an ancillary service or a technical

service.”

          (3)      In subsection (2) (meaning of ancillary service)—

              (a)             for “an independent analogue broadcaster” there shall be substituted

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“a relevant public service broadcaster”; and

              (b)                             for paragraphs (a) and (b) there shall be substituted—

                           “(a)                             assistance for disabled people in relation to some or

all of the programmes included in a digital

programme service or qualifying service provided by

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him;

                           (b)                             a service (apart from advertising) that relates to the

promotion or listing of programmes included in such

a service or in a digital sound programme service so

provided; or

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                           (c)                             any other service (apart from advertising) that is

ancillary to one or more programmes so included,

and relates directly to their contents.”

          (4)      In subsection (3)(a), after “digital programme services” there shall be

inserted “, digital sound programme services”.

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

              “(3A)                In this section—

                                      ‘assistance for disabled people’ has the same meaning as in Part

3 of the Communications Act 2003;

                                      ‘available for reception by members of the public’ shall be

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construed in accordance with section 354 of that Act;

                                      ‘public television service of the Welsh Authority” means—

                           (a)                          S4C Digital; or

                           (b)                          any television programme service the provision of

which by the Authority is authorised by or under

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section 202 of that Act and which is provided in

digital form;

                                      ‘relevant public service broadcaster’ means any of the

following—

 

 

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

    467

 

                           (a)                          a person licensed under Part 1 of the 1990 Act to

provide a Channel 3 service;

                           (b)                          the Channel 4 Corporation;

                           (c)                          a person licensed under Part 1 of the 1990 Act to

provide Channel 5;

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                           (d)                          the BBC;

                           (e)                          the Welsh Authority;

                           (f)                          the public teletext provider.”

Licensing of digital additional services

  95      (1)      Section 25 of the 1996 Act (licensing of digital additional services) shall be

10

amended as follows.

          (2)      In subsections (1) to (4), for “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

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

              “(4A)                A digital additional services licence is not required for a service that

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is or is comprised in a qualifying service.”

          (4)      Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall

cease to have effect.

Conditions of digital additional services licence

  96      (1)      Section 26 of the 1996 Act (conditions of licences for digital additional

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services) shall be amended as follows.

          (2)      In subsection (2)—

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

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a multiplex licence” there

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shall be substituted, in each case, “the provider of a television

multiplex service or general multiplex service”;

              (c)             in paragraph (a), for “by means of a multiplex service” there shall be

substituted “by means of that provider’s service”; and

              (d)             in paragraph (a)(i), for “the identity of the multiplex service” there

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shall be substituted “the identity of the service by means of which it

will be broadcast”.

Enforcement of digital additional television services licences

  97      (1)      Section 27 of the 1996 Act (enforcement of digital additional television

services licences) 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 (4), for the words from “multiplex service” onwards there shall

be substituted “television multiplex service or general multiplex service,

means the last accounting period of the multiplex provider”.

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          (4)      In subsection (5), for “multiplex service, the first accounting period of the

holder of the multiplex licence” there shall be substituted “television

 

 

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

    468

 

          (4)      multiplex service or general multiplex service, the first accounting period of

the multiplex provider”.

          (5)      After that subsection there shall be inserted—

              “(5A)                In subsections (4) and (5) ‘multiplex provider’ has the same meaning

as in section 14.”

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Digital broadcasting of Gaelic programmes

  98      (1)      Section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) shall

be amended as follows.

          (2)      In subsection (1), for “the Commission to include in any multiplex licence

granted in respect of one frequency to which section 28 applies” there shall

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be substituted “OFCOM to include in no more than one relevant multiplex

licence”.

          (3)      In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be

substituted “Seirbheis nam Meadhanan Gàidhlig”.

          (4)      For subsection (9) there shall be substituted—

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              “(9)                In this section—

                                      ‘Gaelic’ means the Gaelic language as spoken in Scotland;

                                      ‘relevant multiplex licence’ means a multiplex licence in respect

of which the Secretary of State has made an order under

section 240(3) of the Communications Act 2003;

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                                      ‘television broadcasting service’ has the same meaning as in

Part 3 of the Communications Act 2003.”

Review of digital television broadcasting

  99      (1)      Section 33 of the 1996 Act (review of digital television broadcasting) shall be

amended as follows.

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

“OFCOM”.

          (3)      In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C

Digital, the qualifying teletext service” there shall be substituted “following

services, namely, Channel 3 services, Channel 4, Channel 5, the public

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television services of the Welsh Authority (within the meaning of Part 2 of

Schedule 12 to the Communications Act 2003), the digital public teletext

service”.

Enforcement of licences held by BBC companies

  100      In section 35 of the 1996 Act (enforcement of licences held by BBC

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

substituted “OFCOM”.

Interpretation of Part 1

  101      In section 39(1) (interpretation of Part 1)—

              (a)             after the definition of “digital programme service” there shall be

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inserted—

 

 

 
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