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Communications Bill


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

    469

 

                                                   “‘digital public teletext service’ has the same meaning as

in Part 3 of the Communications Act 2003;

                                                   ‘digital sound programme service’ has the same

meaning as in Part 2 of this Act;

                                                   ‘general multiplex service’ has the same meaning as in

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that Part;”.

              (b)             for the definition of “public teletext provider” there shall be

substituted—

                                                   “‘public teletext provider’ means the person for the time

being licensed under Part 1 of the 1990 Act to provide

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the public teletext service (within the meaning of Part

3 of the Communications Act 2003);”

              (c)             for the definitions of “S4C” and “on S4C” and of “S4C Digital” and

“on S4C Digital” there shall be substituted—

                                                   “‘S4C’ and ‘S4C Digital’ each has the same meaning as

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in Part 3 of the Communications Act 2003;”.

              (d)             after the definition of “technical service” there shall be inserted—

                                                   “‘television multiplex service’ has the meaning given by

section 238 of the Communications Act 2003.”

Radio multiplex services

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  102     (1)      Section 40 of the 1996 Act (radio multiplex services) shall be amended as

follows.

          (2)      For subsections (1) to (3) there shall be substituted—

              “(1)                In this Part ‘radio multiplex service’ means a radio multiplex service

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

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          (3)      In subsection (4) (local and national multiplex services), the words

“provided on a frequency or frequencies assigned to the Authority under

section 45(1)” shall be omitted.

          (4)      In subsection (5), for “for general reception” there shall be substituted “so as

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

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          (5)      For subsection (8) of that section there shall be substituted—

              “(8)                In this section—

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

construed in accordance with section 354 of the

Communications Act 2003;

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                                      ‘broadcast’ means broadcast otherwise than from a satellite.”

Licences under Part 2 of the 1996 Act

  103     (1)      Section 42 of the 1996 Act (licences under Part 2) shall be amended as

follows.

          (2)      In subsection (1), for “the Radio Authority (in this Part referred to as ‘the

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Authority’)” there shall be substituted “OFCOM”.

          (3)      In subsections (2), (5) and (6), for “The Authority” and “the Authority”,

wherever occurring, there shall be substituted “OFCOM”.

          (4)      For subsection (3) (variation of licences) there shall be substituted—

 

 

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

    470

 

              “(3)                OFCOM may vary a licence by a notice served on the licence holder.

              (3A)                OFCOM shall not vary—

                    (a)                   the period for which a licence having effect for a specified

period is to continue in force, or

                    (b)                   increase the total amount of digital capacity specified in a

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national radio multiplex licence for the purposes of section

48(1A),

                              unless the licence holder consents.

              (3B)                OFCOM shall not make any other variation of a licence unless the

licence holder has been given a reasonable opportunity of making

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representations to OFCOM about the variation.”

          (5)      In subsection (4) (exceptions from power to vary licences), for “Paragraph (a)

of subsection (3)” there shall be substituted “Paragraph (a) of subsection

(3A)”.

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

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

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

section 1 of the Wireless Telegraphy Act 1949; or

                    (b)                   of 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).”

General licence conditions

  104     (1)      Section 43 of the 1996 Act (general licence conditions) shall be amended as

follows.

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

“OFCOM”.

          (3)      In subsection (1) (conditions may include conditions to give effect to duties

imposed by or under 1990 Act or 1996 Act)—

              (a)             in paragraph (a), for “the 1990 Act or this Act” there shall be

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substituted “this Act, the 1990 Act or the Communications Act 2003”;

and

              (b)             in paragraph (d), after “this Act” there shall be inserted “, the 1990

Act or the Communications Act 2003”.

          (4)      In subsection (3) (fixing of fees), for the words from “regard as necessary”

35

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).”

Restrictions on holding licences

40

  105     (1)      Section 44 of the 1996 Act (restrictions on the holding of licences) shall be

amended as follows.

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

substituted “OFCOM”.

 

 

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

    471

 

          (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

5

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”; and

              (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

30

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

14 to the Communications Act 2003,”.

National radio multiplex licences

  106     (1)      Section 46 of the 1996 Act (national radio multiplex 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 (1)(d), for “a direction” there shall be substituted “a condition”.

Award of national radio multiplex licences

  107      In section 47 of the 1996 Act (award of national radio multiplex licences), for

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“the Authority”, wherever occurring, there shall be substituted “OFCOM”.

Reservation of capacity for independent national broadcasters

  108     (1)      Section 48 of the 1996 Act (reservation of digital capacity for independent

broadcasters) shall be amended as follows.

 

 

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

    472

 

          (2)      For subsections (1) to (3) there shall be substituted—

              “(1A)                OFCOM must ensure that the conditions included in national radio

multiplex licences (taken together) secure that an amount of digital

capacity on the multiplex frequencies is reserved for every

independent national broadcaster for the broadcasting of a simulcast

5

radio service provided by that broadcaster.

              (1B)                Where the conditions of a licence for a national radio multiplex

service reserve capacity on the frequency made available for that

service for the broadcasting of a simulcast radio service provided by

an independent national broadcaster, those conditions must also

10

include the condition specified in subsection (1C).

              (1C)                That condition is the condition that OFCOM consider appropriate

for securing that, in consideration of the making by the independent

national broadcaster of the payments which —

                    (a)                   are agreed from time to time between him and the licence

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holder, or

                    (b)                   in default of agreement, are determined under this section,

                              the licence holder uses, for the broadcasting of a simulcast radio

service provided by that broadcaster, such of the reserved digital

capacity as may be requested, from time to time, by that broadcaster.

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              (1D)                Where conditions are included under this section in a national radio

multiplex licence reserving capacity for an independent national

broadcaster, OFCOM may include conditions relating to the

broadcasting of the simulcast radio service in the licence for the

national service provided by that broadcaster.”

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          (3)      In subsections (4) to (6), for “the Authority”, wherever occurring, there shall

be substituted “OFCOM”.

          (4)      In subsection (4), for “subsection (3)(a)” there shall be substituted

“subsection (1C)”.

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

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              “(7)                In this section ‘the multiplex frequencies’ means the frequencies

made available for the purposes of licensed national radio multiplex

services.”

Reservation of digital capacity for BBC

  109     (1)      Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be

35

amended as follows.

          (2)      In subsections (1) to (3) and (6), for “the Authority”, wherever occurring,

there shall be substituted “OFCOM”.

          (3)      In subsection (4) (determination of capacity to be reserved), for the words

from “If the BBC” to “the Secretary of State, who may” there shall be

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substituted “If the BBC do not give their consent to the proposals within

such period as OFCOM may specify in their notice under subsection (3),

OFCOM shall”.

          (4)      In subsection (5), for words from “the Secretary of State” onwards there shall

be substituted “OFCOM shall give the BBC an opportunity of making

45

representations to them about their proposals.”

 

 

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

    473

 

          (5)      In subsection (6), after “and the BBC” there shall be inserted “or (in default

of agreement) determined under this section”.

          (6)      After that subsection there shall be inserted—

              “(7)                Where the holder of the licence and the BBC fail to agree—

                    (a)                   the payments to be made under a condition included in the

5

licence in accordance with subsection (6), or

                    (b)                   the other terms that are to apply in relation to the use of

digital capacity in accordance with such a condition,

                              either of them may refer the matter to OFCOM for determination.

              (8)                Before making a determination under subsection (7), OFCOM must

10

give the licence holder and the BBC an opportunity of making

representations to them about the matter.

              (9)                In making any determination under subsection (7), OFCOM shall

have regard to—

                    (a)                   the expenses incurred, or likely to be incurred, by the licence

15

holder in providing the local radio multiplex service in

question, and

                    (b)                   the terms on which persons providing local radio multiplex

services contract with persons providing local digital

additional services for the broadcasting of those services.”

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Local radio multiplex licences

  110     (1)      Section 50 of the 1996 Act (local radio multiplex 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), for “the Secretary of State has” there shall be substituted

“OFCOM have”.

          (4)      In subsection (2)(d), for “direction under section 49” substitute

“determination under section 49(4)”.

Award of local multiplex licences

30

  111     (1)      Section 51 of the 1996 Act (award of local multiplex licences) shall be

amended as follows.

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

“OFCOM”.

          (3)      In subsection (2), for paragraph (f) there shall be substituted—

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                    “(f)                      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; and”.

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

  112      In section 52 of the 1996 Act (power to require two or more local radio

40

multiplex licences to be granted to one person), for “The Authority” and “the

Authority” there shall be substituted “OFCOM”.

 

 

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

    474

 

Failure to begin to provide licensed service

  113      In section 53 of the 1996 Act (failure to provide licensed service), for “the

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

Conditions which may be attached to radio multiplex licences

  114      In section 54 of the 1996 Act (conditions which may be attached to a radio

5

multiplex licence), for “the Authority”, wherever occurring, there shall be

substituted “OFCOM”.

Additional payments to be made in respect of national radio multiplex licences

  115      In section 55 of the 1996 Act (additional payments to be made in respect of

national radio multiplex licences) for “the Authority”, wherever occurring,

10

there shall be substituted “OFCOM”.

Multiplex revenue

  116      In subsections (7) and (8) of section 56 of the 1996 Act (computation of

multiplex revenue), for “the Authority”, wherever occurring, there shall be

substituted “OFCOM”.

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Attribution of radio multiplex revenue

  117      In section 57 of the 1996 Act (attribution of radio multiplex revenue), for “the

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

Duration and renewal of radio multiplex licences

  118     (1)      Section 58 of the 1996 Act (duration and renewal of radio multiplex licences)

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shall be amended as follows.

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

substituted “OFCOM”.

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

three months before”.

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          (4)      Subsection (5) (consent of the Secretary of State for exercise of certain powers

in connection with renewal) shall cease to have effect.

          (5)      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;

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and

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

licence in question.”

Enforcement of radio multiplex licences

  119      In section 59 of the 1996 Act (enforcement of radio multiplex licences), for

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

substituted “OFCOM”.

 

 

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

    475

 

Digital sound programme licensing

  120     (1)      Section 60 of the 1996 Act (digital sound programme licensing) shall be

amended as follows.

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

“OFCOM”.

5

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

              “(6A)                Section 89 of the 1990 Act (disqualification from being licence holder

or concerned with the provision of a programme service if convicted

of a transmitting offence) shall apply in relation to a licence under

this section as it applies to a licence under Part 3 of that Act, but with

10

the omission of paragraph (b) of subsection (3) of that section and of

the word ‘or’ immediately before that paragraph.”

          (4)      Sub-paragraph (3) does not impose a disqualification in respect of any

offence committed before the commencement of that sub-paragraph.

Conditions of digital sound programme licences

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  121     (1)      Section 61 of the 1996 Act (conditions of licences for digital sound

programme services) shall be amended as follows.

          (2)      In subsection (2)—

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

“OFCOM”;

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              (b)             in paragraphs (a) and (c), for “the holder of a radio multiplex

licence”, there shall be substituted, in each case, “the provider of a

radio multiplex service, of a television multiplex service or of a

general multiplex service”;

              (c)             in paragraph (a) for “by means of a radio multiplex service” there

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shall be substituted “by means of the multiplex service”; and

              (d)             in paragraph (a)(i) for “radio multiplex service” there shall be

substituted “multiplex service”.

Enforcement of digital sound programme licences

  122     (1)      Section 62 of the 1996 Act (enforcement of digital sound programme

30

licences) shall be amended as follows.

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

substituted “OFCOM”.

          (3)      In subsection (10) for “apology” there shall be substituted “statement of

findings”.

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Digital additional sound services

  123      In section 64 of the 1996 Act (licensing of digital additional sound services),

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

“OFCOM”.

 

 

 
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