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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 3 — Regulatory Structure for Independent Radio Services

    225

 

 254   Promotion of simulcast radio services

     (1)    Chapter 2 of Part 3 of the 1990 Act (sound broadcasting services) shall be

amended as follows.

     (2)    In section 98(1) (notices of proposals to grant national licences), after paragraph

(b)(ii) there shall be inserted—

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                        “(iia)                           the digital capacity that is likely, in their opinion, to be

available from the holders of national radio multiplex

licences for the broadcasting of a simulcast radio service

corresponding to the service;”.

     (3)    In section 98(3) (applications for national licences), after paragraph (a) there

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shall be inserted—

                  “(aa)                    the applicant’s proposals (if any) for providing a simulcast

radio service corresponding to the service;”.

     (4)    In section 98(7) (construction of section), after “this section” there shall be

inserted—

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                                  “‘national radio multiplex licence’ has the same meaning as in Part

2 of the Broadcasting Act 1996; and”.

     (5)    In section 100 (award of national licence to person submitting highest cash bid),

for subsection (2) there shall be substituted—

           “(1A)              If, in a case in which one or more of the applicants has made a proposal

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to provide a simulcast radio service corresponding to the service to be

licensed (a ‘simulcast applicant’), the highest cash bid is made by an

applicant who is not a simulcast applicant, OFCOM may—

                  (a)                 disregard the requirement imposed by subsection (1); and

                  (b)                 award the licence to the simulcast applicant whose cash bid is

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the highest of the bids submitted by simulcast applicants.

           (2)              Where—

                  (a)                 two or more applicants for a licence have submitted cash bids

specifying an identical amount and that amount is higher than

the amount of every other bid, or

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                  (b)                 two or more simulcast applicants have submitted cash bids

specifying an identical amount and that amount is higher than

the amount of every other bid submitted by a simulcast

applicant,

                         OFCOM must invite those applicants and (in a case falling within

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paragraph (b)) every applicant who has made a higher bid to submit

further cash bids in respect of that licence.

           (2A)              OFCOM may decide not to invite an applicant to submit a further cash

bid under subsection (2) if—

                  (a)                 the applicant is not a simulcast applicant and they propose to

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exercise their power under subsection (1A); or

                  (b)                 they propose to exercise their power under subsection (3).

           (2B)              Subsection (2A) is not to be construed as preventing OFCOM from

making a decision to exercise their power under subsection (1A) or (3)

after they have received further bids in response to invitations under

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subsection (2).

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 3 — Regulatory Structure for Independent Radio Services

    226

 

           (2C)              In this Part references to a person’s cash bid, in relation to a person who

has submitted a further cash bid in pursuance of subsection (2), have

effect as references to his further bid.”

     (6)    After section 100 there shall be inserted—

       “100A Licence conditions relating to simulcast radio services

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Where OFCOM award a national licence to a person whose application

for that licence included proposals to provide a simulcast radio service,

that licence must include a condition requiring the licence holder—

                  (a)                 to provide, from a date specified in the licence, a simulcast radio

service corresponding to the licensed service; and

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                  (b)                 to do all that he can to secure the broadcasting of that service.”

Multiplexes broadcasting sound programmes

 255   Radio multiplex services

     (1)    Subject to the following provisions of this section, references in Part 2 of the

1996 Act to a radio multiplex service shall have effect as references to any

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service which—

           (a)           falls within subsection (2);

           (b)           is provided for broadcasting for general reception but otherwise than

from a satellite; and

           (c)           is not a television multiplex service.

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     (2)    A service falls within this subsection if—

           (a)           it consists in the packaging together (with or without other services) of

two or more relevant sound services which are provided for inclusion

together in that service by a combination of the relevant information in

digital form; or

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           (b)           it is a service provided with a view to its being a service falling within

paragraph (a) but is one in the case of which only one relevant sound

service is for the time being comprised in digital form in what is

provided.

     (3)    The provision, at a time after the commencement of this section, of a radio

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multiplex service the provision of which is not authorised by or under a licence

under Part 2 of the 1996 Act is not to be an offence under section 97 of the 1990

Act.

     (4)    Accordingly, after the commencement of this section, a licence under Part 2 of

the 1996 Act shall be required for the provision of a radio multiplex service

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only in so far as it is required for the purposes of a limitation falling within

subsection (5) which is contained in a wireless telegraphy licence, or is deemed

to be so contained.

     (5)    A limitation falls within this subsection, in relation to a wireless telegraphy

licence, if it provides that the only radio multiplex services that are authorised

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to be broadcast using the station or apparatus to which the licence relates are

those that are licensed under Part 2 of the 1996 Act.

     (6)    Where immediately before the coming into force of this section—

           (a)           a radio multiplex service is licensed under Part 2 of the 1996 Act; and

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 3 — Regulatory Structure for Independent Radio Services

    227

 

           (b)           that service is one broadcast using a station or apparatus the use of

which is authorised by a wireless telegraphy licence,

            that wireless telegraphy licence shall be deemed to contain a limitation falling

within subsection (5).

     (7)    In any case where a wireless telegraphy licence is deemed by virtue of

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subsection (6) to contain a limitation falling within subsection (5) and the

person providing the radio multiplex service in question—

           (a)           ceases to be licensed under Part 2 of the 1996 Act in respect of that

service, or

           (b)           ceases to exist,

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            OFCOM may revoke the wireless telegraphy licence.

     (8)    Subsection (7) is not to be construed as restricting the powers of revocation

exercisable apart from this section.

     (9)    In subsection (2) “relevant sound service” means any of the following—

           (a)           a digital sound programme service;

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           (b)           a simulcast radio service; and

           (c)           a digital additional sound service.

 256   Composition of services in radio multiplexes

     (1)    Section 54 of the 1996 Act (conditions attached to radio multiplex licences) shall

be amended as follows.

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     (2)    For paragraph (h) of subsection (1) (conditions as to composition of service)

there shall be substituted—

                  “(h)                    that, while the licence is in force, at least the required percentage

of the digital capacity on the frequency or frequencies on which

the service is broadcast is used, or left available to be used, for

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the broadcasting of services falling within subsection (1A).”

     (3)    After that subsection there shall be inserted—

           “(1A)              The services falling within this subsection are—

                  (a)                 digital sound programme services;

                  (b)                 simulcast radio services;

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                  (c)                 programme-related services; and

                  (d)                 relevant technical services.”

     (4)    In subsection (2) (meaning of services referred to in paragraph (h) of subsection

(1))—

           (a)           for “paragraph (1)(h)” there shall be substituted “subsection (1A)”; and

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           (b)           in sub-paragraph (i), for the words from “(within” to “1990 Act” there

shall be substituted “(within the meaning of section 242 of the

Communications Act 2003)”.

     (5)    After that subsection there shall be inserted—

           “(2A)              In subsection (1)(h), the reference to the required percentage is a

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reference to such percentage equal to or more than 80 per cent. as

OFCOM—

                  (a)                 consider appropriate; and

                  (b)                 specify in the condition.”

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 3 — Regulatory Structure for Independent Radio Services

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     (6)    In subsection (3) (power to vary percentage in subsection (1)(h))—

           (a)           for “subsection (1)” there shall be substituted “subsection (2A)”; and

           (b)           for “paragraph (h) of that subsection” there shall be substituted “that

subsection”.

 257   Digital sound services for inclusion in non-radio multiplexes

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     (1)    In section 60(1)(a) of the 1996 Act (national digital sound programme services

defined as services broadcast with a view to being broadcast by means of a

national radio multiplex service), after “national radio multiplex service” there

shall be inserted “, by means of  a television multiplex service or by means of a

general multiplex service”.

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     (2)    In section 63(1) of the 1996 Act (meaning of digital additional sound service),

for paragraph (a) 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;

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                  (aa)                    is so provided with a view to the broadcasting being by means

of a radio multiplex service or by means of a general multiplex

service; and”.

     (3)    After subsection (3) of section 63 of the 1996 Act there shall be inserted—

           “(3A)              In this section ‘available for reception by members of the public’ shall

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be construed in accordance with section 354 of the Communications

Act 2003.”

     (4)    In section 72(1) of the 1996 Act (interpretation of Part 2)—

           (a)           after the definitions of “digital sound programme service” and “digital

sound programme licence” there shall be inserted—

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                                  “‘general multiplex service’ has the same meaning as in Part 3 of

the Communications Act 2003;”

           (b)           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.”

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Access radio

 258   Access radio

     (1)    The Secretary of State may by order provide for—

           (a)           any of the provisions of this Part (apart from this section and the

provisions relating exclusively to television), or

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           (b)           any provision of Part 3 of the 1990 Act or of Part 2 of the 1996 Act

(regulation of radio services),

            to have effect, in relation to services of such descriptions as may be set out in

an order under this section, with such modifications as he considers necessary

or appropriate for services of that description.

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     (2)    The Secretary of State is not to make an order under this section in relation to

a description of services unless—

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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           (a)           the description is of services to be provided primarily for the good of

members of the public or of a particular community, rather than for

commercial reasons; and

           (b)           he considers that the provision of services of that description confer, or

would confer, significant benefits on the public or on the communities

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for which they are provided.

     (3)    An order under this section in relation to a description of services may, in

particular, impose prohibitions or limitations on the inclusion of

advertisements in services of that description and on the sponsorship of

programmes included in the services.

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     (4)    The power, by an order under this section, to make incidental, supplemental or

consequential provision in connection with provision authorised by subsection

(1) includes power to make incidental, supplemental or consequential

provision modifying provisions of the 1990 Act, the 1996 Act or this Act that

are not mentioned in that subsection.

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     (5)    No order is to be made containing provision authorised by this section unless

a draft of the order has been laid before Parliament and approved by a

resolution of each House.

Chapter 4

Regulatory provisions

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Application of regulatory regimes

 259   Application of regulatory regimes

     (1)    It shall be the duty of OFCOM, by exercising—

           (a)           their powers under the 1990 Act and the 1996 Act, and

           (b)           their powers under this Part,

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            to secure that the holder of every Broadcasting Act licence at all times holds his

licence on the conditions which are for the time being included, under this

Chapter and Chapter 5 of this Part, in the regulatory regime for the licensed

service.

     (2)    It shall also be the duty of OFCOM to do all that they can to secure that the

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holder of every such licence complies, in relation to the licensed service, with

the conditions so included in the regulatory regime for that service.

     (3)    Where—

           (a)           the licence for a Channel 3 service, for Channel 4, for Channel 5 or for

the public teletext service (“the main service”) authorises or requires a

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corresponding or additional service to be provided in analogue form,

and

           (b)           the regulatory regime for the main service imposes obligations in

relation to programmes and other items included in that service,

            those obligations are to apply equally to programmes that are included in the

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analogue service without being included in the main service.

     (4)    The Secretary of State may by order provide for conditions which are included

by virtue of a provision of this Act in the regulatory regime for any service to

cease to be so included.

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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     (5)    No order is to be made containing provision authorised by subsection (4)

unless a draft of the order has been laid before Parliament and approved by a

resolution of each House.

     (6)    This section does not restrict OFCOM’s powers and duties apart from this

section to impose obligations by means of the inclusion of conditions in a

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Broadcasting Act licence.

The public service remit for television

 260   OFCOM reports on the fulfilment of the public service remit

     (1)    It shall be the duty of OFCOM—

           (a)           as soon as practicable after the end of the period of twelve months

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beginning with the commencement of this section, and

           (b)           as soon as practicable after the end of each such subsequent period as

may be selected by OFCOM for the purposes of this section,

            to satisfy, for that period, the review and reporting obligations of

subsection (3).

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     (2)    The period selected by OFCOM for the purposes of subsection (1)(b) must be a

period of not more than five years beginning with the end of the previous

period for which OFCOM have satisfied those review and reporting

obligations.

     (3)    The review and reporting obligations for a period are—

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           (a)           an obligation to carry out a review of the extent to which the public

service broadcasters have, during that period, provided relevant

television services which (taking them all together over the period as a

whole) fulfil the purposes of public service television broadcasting in

the United Kingdom; and

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           (b)           an obligation, with a view to maintaining and strengthening the quality

of public service television broadcasting in the United Kingdom, to

prepare a report on the matters found on the review.

     (4)    The purposes of public service television broadcasting in the United Kingdom

are—

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           (a)           the provision of relevant television services which secure that

programmes dealing with a wide range of subject-matters are made

available for viewing;

           (b)           the provision of relevant television services in a manner which (having

regard to the days on which they are shown and the times of day at

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which they are shown) is likely to meet the needs and satisfy the

interests of as many different audiences as practicable;

           (c)           the provision of relevant television services which (taken together and

having regard to the same matters) are properly balanced, so far as their

nature and subject-matters are concerned, for meeting the needs and

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satisfying the interests of the available audiences; and

           (d)           the provision of relevant television services which (taken together)

maintain high general standards with respect to the programmes

included in them, and, in particular with respect to—

                  (i)                 the contents of the programmes;

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                  (ii)                the quality of the programme making; and

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    231

 

                  (iii)               the professional skill and editorial integrity applied in the

making of the programmes.

     (5)    When—

           (a)           determining the extent to which any of the purposes of public service

television broadcasting in the United Kingdom are fulfilled, and

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           (b)           reviewing and reporting on that matter,

            OFCOM must have regard to the desirability of those purposes being fulfilled

in a manner that is compatible with subsection (6).

     (6)    A manner of fulfilling the purposes of public service television broadcasting in

the United Kingdom is compatible with this subsection if it ensures—

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           (a)           that the relevant television services (taken together) comprise a public

service for the dissemination of information and for the provision of

education and entertainment;

           (b)           that cultural activity in the United Kingdom, and its diversity, are

reflected, supported and stimulated by the representation in those

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services (taken together) of drama, comedy and music, by the inclusion

of feature films in those services and by the treatment of other visual

and performing arts;

           (c)           that those services (taken together) provide, to the extent that is

appropriate for facilitating fair and well-informed debate on news and

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current affairs, a comprehensive and authoritative coverage of news

and current affairs in, and in the different parts of, the United Kingdom

and from around the world;

           (d)           that those services (taken together) satisfy a wide range of different

sporting and other leisure interests;

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           (e)           that those services (taken together) include what appears to OFCOM to

be a suitable quantity and range of programmes on educational

matters;

           (f)           that those services (taken together) include what appears to OFCOM to

be a suitable quantity and range of programmes dealing with each of

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the following, science, religion, social issues, matters of international

significance or interest and matters of specialist interest;

           (g)           that those services (taken together) include what appears to OFCOM to

be a suitable quantity of high quality and original programmes for

children and young people;

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           (h)           that those services (taken together) include what appears to OFCOM to

be a sufficient quantity of programmes that reflect the lives and

concerns of different communities and cultural interests and traditions

within the United Kingdom, and locally in different parts of the United

Kingdom;

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           (i)           that those services (taken together), so far as they include programmes

made in the United Kingdom, include what appears to OFCOM to be

an appropriate range and proportion of programmes made outside the

M25 area.

     (7)    In carrying out a review under this section OFCOM must consider—

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           (a)           the costs to persons providing relevant television services of the

fulfilment of the purposes of public service television broadcasting in a

manner compatible with subsection (6); and

           (b)           the sources of income available to each of them for meeting those costs.

     (8)    Every report under this section must—

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