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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 5 — Media ownership and control

    304

 

           (b)           must be a variation for the inclusion in the licence of such conditions

relating to any of those matters as they consider appropriate.

     (3)    Subject to subsection (4), any new or varied condition imposed under this

section in relation to any matter may be more onerous than the conditions

relating to that matter having effect before the relevant change of control.

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     (4)    A variation under this section must not provide for the inclusion of a new or

varied condition in a licence unless the new condition, or the condition as

varied, is one which (with any necessary modifications) would have been

satisfied by the licence holder throughout the twelve months immediately

before the relevant date.

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     (5)           In subsection (4) “the relevant date” is the date of the relevant change of control

or, if earlier, the date on which OFCOM exercise their powers under this

section.

     (6)    A variation of a licence under this section shall be effected by the service of a

notice of the variation on the licence holder.

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     (7)    OFCOM are not to serve a notice of a variation under this section unless they

have given the body on whom it is served a reasonable opportunity, after the

publication of the report of the review under section 346, of making

representations to them about the variation.

     (8)    Where, in a case of a proposed change of control, a notice varying a licence

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under this section is served before the change to which it relates takes place, the

variation is not to take effect until the change takes place.

     (9)    A condition included in a licence by a variation under this section may be

further varied by OFCOM either—

           (a)           with the consent of the licence holder; or

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           (b)           in any other case, after complying with the requirements of section

3(4)(b) of the 1990 Act (variation after giving opportunity for

representations by the licence holder).

     (10)   Expressions used in this section and section 346 have the same meanings in this

section as in that.

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 348   Variation of local licence following change of control

     (1)    The regulatory regime for every local sound broadcasting service provided by

a body corporate includes—

           (a)           a condition requiring the licence holder to give OFCOM advance

notification of any proposals known to it that may give rise to a relevant

35

change of control; and

           (b)           a condition requiring the licence holder to provide OFCOM, in such

manner and at such times as they may reasonably require, with such

information as they consider necessary for the purposes of exercising

their functions under this section and section 349.

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     (2)           OFCOM must carry out a review where—

           (a)           they receive notification, in accordance with a condition of a local

sound broadcasting licence, of proposals that may give rise to a

relevant change of control; or

           (b)           a relevant change of control takes place (whether or not that change has

45

been previously notified to OFCOM).

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 5 — Media ownership and control

    305

 

     (3)    The review shall be a review of the effects or likely effects, in relation to the

matters mentioned in subsection (4), of—

           (a)           the change to which the proposals may give rise; or

           (b)           the change that has taken place.

     (4)           Those matters are—

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           (a)           the quality and range of programmes included in the service;

           (b)           the character of the service;

           (c)           the extent to which OFCOM’s duty under section 307 is performed in

relation to the service.

     (5)           Where OFCOM carry out a review under subsection (2), they must publish a

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report of that review—

           (a)           setting out their conclusions; and

           (b)           specifying any steps which they propose to take under section 349.

     (6)    In this section “relevant change of control” means a change in the persons

having control over—

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           (a)           a body holding the licence to provide a local sound broadcasting

service; or

           (b)           any body which—

                  (i)                 is connected with a body holding such a licence; and

                  (ii)                is involved, to a substantial extent, in the provision of the

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programmes included in the service provided under that

licence, or is likely to become so involved.

     (7)    Expressions used in this section and in Schedule 2 to the 1990 Act (restrictions

on licence holders) have the same meanings in this section as in that Schedule.

 349         Action following review under s. 348

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     (1)    If, on a review under section 348, it appears to OFCOM that the relevant change

of control is or would be prejudicial to one or more of the matters mentioned

in subsection (4) of that section, they must vary the local licence in accordance

with subsection (2).

     (2)           The variation—

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           (a)           must be made with a view to ensuring that the relevant change of

control is not prejudicial to any of the matters so mentioned; and

           (b)           must be a variation for the inclusion in the licence of such conditions

relating to any of those matters as they consider appropriate.

     (3)    Subject to subsection (4), any new or varied condition imposed under this

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section in relation to any matter may be more onerous than the conditions

relating to that matter having effect before the relevant change of control.

     (4)    A variation under this section must not provide for the inclusion of any new or

varied condition in a licence unless the new condition, or the condition as

varied, is one which (with any necessary modifications) would have been

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satisfied by the licence holder throughout—

           (a)           the three months immediately before the relevant date; or

           (b)           such other three month period as has been notified under subsection

(5).

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 5 — Media ownership and control

    306

 

     (5)    If OFCOM consider that the performance of the licence holder during the three

month period immediately preceding the relevant date is not typical of his

performance during the twelve months before the relevant date they—

           (a)           may determine that subsection (4) is to apply by reference to such other

three month period falling within those twelve months as they may

5

determine; and

           (b)           must notify any determination under this subsection to the licence

holder.

     (6)    In subsection (4) “the relevant date” is the date of the relevant change of control

or, if earlier, the date on which OFCOM exercise their powers under this

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section.

     (7)    A variation of a licence under this section shall be effected by the service of a

notice of the variation on the licence holder.

     (8)    OFCOM are not to serve a notice of a variation under this section unless they

have given the body on whom it is served a reasonable opportunity, after the

15

publication of the report of the review under section 348, of making

representations to them about the variation.

     (9)    Where, in a case of a proposed change of control, a notice varying a licence

under this section is served before the change to which it relates takes place, the

variation is not to take effect until that change takes place.

20

     (10)   A condition included in a licence by a variation under this section may be

further varied by OFCOM either—

           (a)           with the consent of the licence holder; or

           (b)           in any other case, after complying with the requirements of section

86(5)(b) of the 1990 Act (variation after giving opportunity for

25

representations by the licence holder).

     (11)   Expressions used in this section and section 348 have the same meanings in this

section as in that.

Meaning of control

 350   Meaning of “control”

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     (1)    In paragraph 1(3)(b) of Part 1 of Schedule 2 to the 1990 Act (control where a

person will be able, without having at least a 50 per cent. interest in it, to have

the affairs of a body conducted in accordance with his wishes)—

           (a)           for “will be able” there shall be substituted “would (if he chose to) be

able in most cases or in significant respects”; and

35

           (b)           for “the affairs” there shall be substituted “affairs”.

     (2)    After paragraph 1(3) of that Part of that Schedule there shall be inserted—

        “               (3ZA)                A person is to be assumed, unless the contrary is shown, to have

control of a body corporate as mentioned in sub-paragraph (3)(b) if

he is a participant with a 20 per cent. interest in that body or is one

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with more than a 20 per cent. interest in that body.”

     (3)    In paragraph 1(6) of that Part of that Schedule—

           (a)           the words “more than”, wherever occurring shall be omitted; and

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 6 — Other provisions about television and radio services

    307

 

           (b)           after paragraph (b) there shall be inserted—

                                     “and references to a participant with more than a 20 per cent.

interest in a body corporate shall be construed accordingly.”

     (4)    It shall be the duty of OFCOM to publish guidance setting out their intentions

concerning the inclusion of particular matters in the matters that they will take

5

into account when determining whether a person has control of a body, within

the meaning of paragraph 1(3)(b) of Part 1 of Schedule 2 to the 1990 Act.

     (5)    OFCOM may from time to time revise the guidance issued by them under this

section.

     (6)    OFCOM must publish the guidance and, where they revise it, the revised

10

guidance in such manner as they consider appropriate for bringing it to the

attention of the persons who, in their opinion, are likely to be affected by it.

Chapter 6

Other provisions about television and radio services

Annual report on television and radio

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 351   Annual factual and statistical report

     (1)    It shall be the duty of OFCOM—

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

beginning with the commencement of this section, and

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

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twelve months,

            to satisfy for that period the review and reporting requirements of this section.

     (2)    For any period those obligations are—

           (a)           to carry out a review of the provision of the television and radio

services available for reception by members of the public in the United

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Kingdom during that period; and

           (b)           to prepare a factual and statistical report for that period on the

provision of those services and on the state of the market in which they

are provided.

     (3)    In carrying out a review for any period under this section, OFCOM must

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consider, in particular, each of the following—

           (a)           the extent to which programmes included during that period in

television and radio services are representative of what OFCOM

consider to be the principal genres for such programmes;

           (b)           the extent to which codes made by OFCOM under this Part or Part 4 or

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5 of the 1996 Act (listed events and fairness) have been complied with

during that period;

           (c)           any trends appearing or operating during that period in the size and

behaviour of the audience for radio and television services;

           (d)           the financial condition during that period of the market in which those

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services are provided and of the market in which programmes for such

services are produced;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 6 — Other provisions about television and radio services

    308

 

           (e)                         what it is appropriate to achieve by conditions and duties under section

273 and paragraphs 1 and 7 of Schedule 12 and the effectiveness for that

purpose of the conditions and duties for the time being in force;

           (f)                         whether it would be appropriate to recommend to the Secretary of State

that he exercises any of his powers under that section or those

5

paragraphs;

           (g)                         the extent to which work on independent productions (within the

meaning of that section and those paragraphs) that are produced in the

United Kingdom is done in a range of production centres outside the

M25 area;

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           (h)           any issues relating to intellectual property in programmes that have

arisen or been of significance during that period;

           (i)           developments in technology that have occurred or become important

during that period and are relevant to the provision, broadcasting or

distribution of television and radio programmes;

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           (j)           the availability during that period of persons with skills that are used

or likely to be useful in connection with the provision of television and

radio services and the production of programmes for inclusion in such

services;

           (k)           the availability during that period of facilities for the provision of

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training in such skills.

     (4)    Every report under this section must set out OFCOM’s findings on their

consideration of the matters mentioned in subsection (3).

     (5)    Every report prepared by OFCOM under this section must be published by

them—

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           (a)           as soon as practicable after its preparation is complete; and

           (b)           in such manner as they consider appropriate.

     (6)    OFCOM’s duties under this section are in addition to their duties under section

260.

Grants for access radio

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 352   Grants to access radio providers

     (1)    OFCOM may make such grants as they consider appropriate to the provider of

any service of a description of service in relation to which provision is for the

time being in force under section 258.

     (2)    A grant made under this section may be made on such terms and conditions,

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and shall become repayable to OFCOM in such circumstances, as may be

specified by OFCOM when making the grant.

     (3)    A person is not—

           (a)           by reason of the making to him of a grant under this section, or

           (b)           by reason of any terms or conditions (including any provisions for

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repayment) subject to which such a grant is or has been made to him,

            to be a disqualified person by virtue of any provision of Schedule 2 to the 1990

Act in relation to an access radio licence.

     (4)    In subsection (3) “access radio licence” means a licence under Part 3 of the 1990

Act, or under Part 2 of the 1996 Act, which is granted in accordance with any

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provision made by an order under section 258 of this Act.

 

 

 
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