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Communications Bill


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

    260

 

 289   Supplemental provision about networking arrangements

     (1)    Schedule 11 (which makes provision about the approval of networking

arrangements and the imposition or modification of such arrangements) shall

have effect.

     (2)    The obligations arising under conditions imposed in accordance with sections

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286 to 288 are subject to the rights of appeal conferred by that Schedule.

Special obligations for Channel 4

 290   Involvement of C4 Corporation in programme-making

     (1)    The regulatory regime for Channel 4 includes a condition requiring C4C not to

be involved, except to such extent as OFCOM may allow, in the making of

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programmes to be broadcast on Channel 4.

     (2)    In this section “programme” does not include an advertisement.

 291   Schools programmes on Channel 4

     (1)    The regulatory regime for Channel 4 includes the conditions that OFCOM

consider appropriate for securing that what appears to them to be a suitable

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proportion of the programmes which are included in Channel 4 are schools

programmes.

     (2)    A licence under the 1990 Act to provide Channel 4 may also include conditions

authorised by the following provisions of this section.

     (3)    The conditions authorised by this section include conditions requiring C4C—

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           (a)           to finance the production of schools programmes; and

           (b)           to acquire schools programmes provided by other persons.

     (4)    The conditions authorised by this section include conditions requiring C4C to

ensure that schools programmes on Channel 4—

           (a)           are of high quality; and

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           (b)           are suitable to meet the needs of schools throughout the United

Kingdom.

     (5)    The conditions authorised by this section include conditions specifying the

minimum number of hours in term time, or within normal school hours, that

are to be allocated to the broadcasting of schools programmes on Channel 4.

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     (6)    The conditions authorised by this section include conditions requiring C4C to

provide such material for use in connection with the schools programmes

broadcast by them as may be necessary to secure that effective use is made of

those programmes in schools.

     (7)    The conditions authorised by this section include conditions requiring C4C

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from time to time to consult such persons who—

           (a)           are concerned with schools or with the production of schools

programmes, or

           (b)           have an interest in schools or in the production of schools programmes,

            as OFCOM think fit.

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     (8)    Before imposing a condition under this section, OFCOM must consult C4C.

 

 

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

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     (9)    The requirement to consult is satisfied, in the case of the imposition of a

condition by way of a variation of a licence, by compliance with section 3(4)(b)

of the 1990 Act (obligation to give opportunity to make representations about

variation).

     (10)   In determining for the purposes of subsection (1) what proportion of the

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programmes included in Channel 4 should be schools programmes, OFCOM

must take into account services, facilities and materials which C4C provide to

schools, or make available for schools, otherwise than by the inclusion of

programmes in Channel 4.

     (11)   Section 34 of the 1990 Act (requirement as to schools programmes in relation to

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all licensed public service channels taken together) shall cease to have effect.

     (12)   In this section “schools programmes” means programmes which are intended

for use in schools.

 292   Channel 4 contribution towards national television archive

     (1)    Section 185 of the 1990 Act (contributions towards maintenance of the national

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television archive) shall be amended as follows.

     (2)    In subsections (1) and (3), after “Channel 3” there shall be inserted “, Channel

4”.

     (3)    In subsection (5), at the end there shall be inserted—

                                  “‘Channel 4 licence’ means—

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                        (a)                        the licence referred to in section 228(1)(b) of the

Communications Act 2003; and

                        (b)                        a licence renewing that licence on the first or any

subsequent occasion.”

     (4)    This section has effect in relation only to financial years beginning after the

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television transfer date.

Special obligation for the public teletext provider

 293   Conditions prohibiting interference with other services

The regulatory regime for the public teletext service includes the conditions

that OFCOM consider appropriate for securing that the provision of so much

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of the public teletext service as is provided in analogue form does not cause

interference with—

           (a)           the television broadcasting service or services on whose frequency or

frequencies it is provided; or

           (b)           any other wireless telegraphy transmissions.

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Sporting and other events of national interest

 294   Categorisation of listed events

     (1)    For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there

 

 

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

    262

 

shall be substituted—

           “(1)              The Secretary of State may, for the purposes of this Part, maintain a list

of sporting and other events of national interest, and an event for the

time being included in the list is referred to in this Part as a ‘listed

event’.

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           (1A)              A list maintained under subsection (1) must be divided into two

categories, and those categories are referred to in this Part as ‘Group A’

and ‘Group B’.

           (1B)              Each listed event must be allocated either to Group A or to Group B.

           (2)              Before drawing up such a list, or revising or ceasing to maintain it, the

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Secretary of State must consult—

                  (a)                 OFCOM,

                  (b)                 the BBC,

                  (c)                 the Welsh Authority, and

                  (d)                 in relation to a relevant event, the person from whom the rights

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to televise that event may be acquired.

           (2A)              For the purposes of subsection (2)(d), a relevant event is an event which

the Secretary of State proposes—

                  (a)                 to include in a list maintained under subsection (1),

                  (b)                 to omit from such a list, or

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                  (c)                 to move from one category in such a list to the other.”

     (2)    In subsection (3)(b) of that section, the words “by the Commission” and “by

them” shall be omitted.

     (3)    In subsection (5) of that section—

           (a)           for the words “addition of any relevant event to” there shall be

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substituted “inclusion of any event in”; and

           (b)           in paragraph (a), for “addition” there shall be substituted “inclusion”.

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

           “(5A)              The allocation or transfer of an event to group A does not affect the

validity of a contract entered into before the day on which the Secretary

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of State consulted the persons mentioned in subsection (2) in relation to

the proposed allocation or transfer.

           (5B)              The Secretary of State may direct that, for the transitional purposes set

out in the direction, the transfer of a Group B event to Group A is not

to affect the application to that event of provisions of this Part relating

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to a Group B event.”

 295   Effects of categorisation of listed events

     (1)    In section 99(1) of the 1996 Act (avoidance of contracts for exclusive rights to

televise listed events), for “listed event” there shall be substituted “Group A

listed event”.

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     (2)    In section 101 of that Act (restriction on televising of listed events), for

subsection (1) there shall be substituted—

           “(1)              A television programme provider who—

 

 

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

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                  (a)                 is providing a service (‘the first service’) falling within either

category, and

                  (b)                 is providing it with a view to its being available (within the

meaning of Part 3 of the Communications Act 2003) for

reception by members of the public in the United Kingdom, or

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in any area of the United Kingdom,

                         must not include live coverage of a listed event in that service unless it

is authorised by subsection (1A), (1B) or (1C).

           (1A)              Live coverage of a listed event is authorised by this subsection if—

                  (a)                 a television programme provider (other than the provider of the

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first service) has acquired the right to include live coverage of

the event in his service (‘the second service’); and

                  (b)                 the second service—

                        (i)                        falls into a different category from the first service, and

                        (ii)                       is provided for an area that consists of or includes all or

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almost all of the area for which the first service is

provided.

           (1B)              Live coverage of a listed event is authorised by this subsection if

OFCOM have consented in advance to inclusion of that coverage in the

first service.

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           (1C)              Live coverage of a listed event is authorised by this subsection if—

                  (a)                 the listed event is a Group B event,

                  (b)                 rights to provide coverage of the event have been acquired by

one or more persons in addition to the provider of the first

service,

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                  (c)                 that additional coverage constitutes adequate alternative

coverage of the event, and

                  (d)                 the person or persons who have acquired rights to provide the

additional coverage satisfy the requirements in relation to that

coverage of any regulations made under section 104ZA for the

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purposes of this paragraph.

           (1D)              Subsections (1) to (1C) apply to the coverage of a part of a listed event

as they apply to the coverage of the whole of that event.”

     (3)    In subsection (2) of that section, for “under subsection (1)” there shall be

substituted “for the purposes of subsection (1B).”

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     (4)    After subsection (4) of that section there shall be inserted—

           “(5)              References in this section to a category of service are references to a

category of service set out in section 98(1).”

     (5)    In section 102(2) of that Act (penalties), for “under subsection (1) of section 101”

there shall be substituted “for the purposes of section 101(1B)”.

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     (6)    In section 103(2) of that Act (reports to the Secretary of State), for “under

subsection (1) of section 101” there shall be substituted “for the purposes of

section 101(1B)”.

 296   Code relating to listed events

     (1)    For subsection (1) of section 104 of the 1996 Act (code in relation to listed

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

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events) there shall be substituted—

           “(1)              OFCOM shall draw up, and may from time to time revise, a code giving

guidance—

                  (a)                 as to the matters which they will take into account in

determining whether to give or to revoke their consent for the

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purposes of section 101(1B) or section 101B(1); and

                  (b)                 as to the matters which they will take into account in

determining for the purposes of section 102(1) or 103(1),

whether in all the circumstances it is unreasonable to expect a

television programme provider to comply with section 101(1) or

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section 101B(1).”

     (2)    Where OFCOM are required to draw up a code by virtue of this section—

           (a)           they shall do so as soon as practicable after the commencement of this

section; but

           (b)           the code shall have no effect in relation to any time before the

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commencement of section 295 of this Act.

 297   Regulations about coverage of listed events

     (1)    After section 104 of the 1996 Act there shall be inserted—

       “104ZA                         Regulations about coverage of listed events

           (1)           OFCOM may make regulations for determining for the purposes of this

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Part—

                  (a)                 the circumstances in which the televising of listed events

generally, or of a particular listed event, is or is not to be treated

as live;

                  (b)                 what (whether generally or in relation to particular

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circumstances) is to be taken to represent the provision of

adequate alternative coverage; and

                  (c)                 the requirements that must be satisfied for the purposes of

section 101(1C)(d) by persons who have acquired rights to

provide adequate alternative coverage.

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           (2)           The power conferred by subsection (1)(a) does not include power to

define ‘live’ for the purposes of section 101B.

           (3)           Section 396 of the Communications Act 2003 (procedure for regulations

and orders made by OFCOM) applies to the power of OFCOM to make

regulations under this section.”

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     (2)    In section 105(1) (interpretation of Part 4), before the definition of “Channel 4”

there shall be inserted—

                                  “‘adequate alternative coverage’ and ‘live’ are to be construed in

accordance with any regulations under section 104ZA;”.

Television services for the deaf and visually impaired

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 298   Code relating to provision for the deaf and visually impaired

     (1)    It shall be the duty of OFCOM to draw up, and from time to time to review and

revise, a code giving guidance as to—

 

 

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

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           (a)           the extent to which the services to which this section applies should

promote the understanding and enjoyment by—

                  (i)                 persons who are deaf or hard of hearing, and

                  (ii)                persons who are blind or partially-sighted,

                         of the programmes to be included in such services, and

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           (b)           the means by which such understanding and enjoyment should be

promoted.

     (2)    The code must require that, as from the tenth anniversary of the relevant date,

the obligations in subsection (3) must be satisfied—

           (a)           by reference to weekly figures calculated using the average over a

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twelve-month period beginning after that anniversary; and

           (b)           irrespective of the twelve month period beginning after that date that is

taken as the basis for making the calculation.

     (3)    Those obligations are—

           (a)           that at least 90 per cent. in every week of so much of a Channel 3 service

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or of Channel 4 as consists of programmes that are not excluded

programmes must be accompanied by subtitling;

           (b)           that at least 80 per cent. in every week of so much of every other service

to which this section applies as consists of programmes that are not

excluded programmes must be accompanied by subtitling;

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           (c)           that at least 10 per cent. in every week of so much of every service to

which this section applies as consists of programmes that are not

excluded programmes must be accompanied by audio-description for

the blind; and

           (d)           that at least 5 per cent. in every week of so much of every service to

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which this section applies as consists of programmes that are not

excluded programmes must be presented in, or translated into, sign

language.

     (4)    A reference in any paragraph of subsection (3) to excluded programmes is a

reference to programmes of the description for the time being set out under

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subsection (5) in relation to that paragraph and also in relation to the service in

question.

     (5)    The code must set out, in relation to each of the paragraphs of subsection (3),

the descriptions of programmes that OFCOM consider should be excluded

programmes for the purposes of the requirement contained in that paragraph.

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     (6)    In complying with subsection (5), OFCOM must have regard, in particular,

to—

           (a)           the extent of the benefit which would be conferred by the provision of

assistance for disabled people in relation to the programmes;

           (b)           the size of the intended audience for the programmes;

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           (c)           the number of persons who would be likely to benefit from the

assistance and the extent of the likely benefit in each case;

           (d)           the extent to which members of the intended audience for the

programmes are resident in places outside the United Kingdom;

           (e)           the technical difficulty of providing the assistance; and

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           (f)           the cost, in the context of the matters mentioned in paragraphs (a) to (e),

of providing the assistance.

     (7)    The exclusions that may be set out in the code under subsection (5)—

 

 

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

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           (a)           may include different descriptions of programmes in relation to

different services to which this section applies; and

           (b)           in the case of a service which OFCOM are satisfied (having regard to

the matters mentioned in subsection (6)) is a special case, may include

all the programmes included in the service.

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     (8)    The requirements that may be imposed by the code include, in particular—

           (a)           requirements on persons providing services to which this section

applies to meet interim targets falling within subsection (9), by dates

falling before the anniversary mentioned in subsection (2); and

           (b)           requirements with respect to the provision of assistance for disabled

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people in relation to excluded programmes, or in relation to a particular

description of them.

     (9)    The interim targets mentioned in subsection (8)(a) are the targets with respect

to the provision of assistance for disabled people which OFCOM consider it

appropriate to impose as targets on the way to meeting the targets imposed in

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pursuance of subsection (2), or as targets to be met in addition to the targets so

imposed.

     (10)   This section applies to the following services—

           (a)           S4C Digital or any other television programme service provided by the

Welsh Authority for broadcasting in digital form so as to be available

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for reception by members of the public;

           (b)           any licensed public service channel;

           (c)           a digital television programme service but not an electronic

programme guide;

           (d)           a television licensable content service but not an electronic programme

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guide;

           (e)           a restricted television service;

           (f)           a qualifying service but not a teletext service.

     (11)   In this section—

                    “electronic programme guide” means a service which—

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                  (a)                 is or is included in a television licensable content service or a

digital television programme service; and

                  (b)                 consists of—

                      (i)                     the listing or promotion, or both the listing and the

promotion, of some or all of the programmes included in

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any one or more programme services the providers of

which are or include persons other than the provider of the

guide; and

                      (ii)                    a facility for obtaining access, in whole or in part, to the

programme service or services listed or promoted in the

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guide;

                    “programme” does not include an advertisement.

 299   Procedure for issuing and revising code under s. 298

     (1)    Before drawing up a code under section 298 or reviewing or revising it in

pursuance of that section, OFCOM must consult—

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           (a)           such persons appearing to them to represent the interests of persons

falling within subsection (1)(a)(i) or (ii) of that section as OFCOM think

fit; and

 

 

 
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