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Session 2002 - 03
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Other Bills before Parliament

Communications Bill


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

    309

 

Supplemental provisions of Part 3

 353   Amendments of the 1990 and 1996 Acts

     (1)    In section 201 of the 1990 Act (programme services), in subsection (1)—

           (a)           for paragraphs (a) to (bb) there shall be substituted—

                        “(aa)                           any service which is a programme service within the

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meaning of the Communications Act 2003;”

           (b)           in paragraph (c), for “a telecommunication system” there shall be

substituted “an electronic communications network (within the

meaning of the Communications Act 2003)”.

     (2)    For subsection (2) of that section there shall be substituted—

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           “(2A)              Subsection (1)(c) does not apply to so much of a service consisting only

of sound programmes as—

                  (a)                 is a two-way service (within the meaning of section 245(4) of the

Communications Act 2003);

                  (b)                 satisfies the conditions in section 245(5) of that Act; or

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                  (c)                 is provided for the purpose only of being received by persons

who have qualified as users of the service by reason of being

persons who fall within paragraph (a) or (b) of section 245(7) of

that Act.

           (2B)              Subsection (1)(c) does not apply to so much of a service not consisting

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only of sound programmes as—

                  (a)                 is a two-way service (within the meaning of section 229 of the

Communications Act 2003);

                  (b)                 satisfies the conditions in section 230(5) of that Act; or

                  (c)                 is provided for the purpose only of being received by persons

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who have qualified as users of the service by reason of being

persons who fall within paragraph (a) or (b) of section 230(7) of

that Act.”

     (3)    Schedule 15 (which makes minor and consequential amendments of the 1990

Act and the 1996 Act for purposes connected with the other provisions of this

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Chapter) shall have effect.

 354   Meaning of “available for reception by members of the public”

     (1)    The services that are to be taken for the purposes of this Part to be available for

reception by members of the public include (subject to subsection (2)) any

service which—

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           (a)           is made available for reception, or is made available for reception in an

intelligible form, only to persons who subscribe to the service (whether

for a period or in relation to a particular occasion) or who otherwise

request its provision; but

           (b)           is a service the facility of subscribing to which, or of otherwise

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requesting its provision, is offered or made available to members of the

public.

     (2)    A service is not to be treated as available for reception by members of the

public if each of the three conditions set out in subsections (3) to (5) is satisfied.

     (3)    The first condition is that the service is confined to the provision of a facility—

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

    310

 

           (a)           for the making by users of the service of individual selections of the

material to be received; and

           (b)           for receiving whatever is selected.

     (4)    The second condition is that it is only in response to a selection made by a user

of the service that anything (whether encrypted or not)—

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           (a)           is broadcast from a satellite or by means of a multiplex service; or

           (b)           is otherwise transmitted by means of an electronic communications

network.

     (5)    The third condition is that the individual selections that may be made do not

include any that are limited to electing to be one of the recipients of material

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that is or has been offered for reception on the basis—

           (a)           that it is material selected by the provider of the service for the purpose

of being made available for broadcasting or distribution

simultaneously, or virtually so, to an audience consisting of users of the

service; and

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           (b)           that it will be broadcast or distributed simultaneously, or virtually so,

to every member of the audience (if any) that consists of the users of the

service who have elected to receive it.

     (6)    References in this section to members of the public are references to members

of the public in, or in any area of, any one or more countries or territories

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(which may or may not include the United Kingdom).

     (7)    The Secretary of State may by order modify any of the provisions of this section

if it appears to him appropriate to do so having regard to any one or more of

the following—

           (a)           the protection which, taking account of the means by which the

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programmes and services are received or may be accessed, is expected

by members of the public as respects the contents of television

programmes or sound programmes;

           (b)           the extent to which members of the public are able, before television

programmes are watched or accessed, to make use of facilities for

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exercising control, by reference to the contents of the programmes, over

what is watched or accessed;

           (c)           the practicability of applying different levels of regulation in relation to

different services;

           (d)           the financial impact for providers of particular services of any

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modification of the provisions of that section; and

           (e)           technological developments that have occurred or are likely to occur.

     (8)    No order is to be made containing provision authorised by subsection (7)

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

resolution of each House.

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     (9)    In this section “multiplex service” means a television multiplex service, a radio

multiplex service or a general multiplex service.

 355   Interpretation of Part 3

     (1)    In this Part—

                    “additional radio service” (except in the expression “digital additional

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sound service”) means an additional service within the meaning given

by section 114(1) of the 1990 Act for the purposes of Part 3 of that Act;

 

 

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

    311

 

                    “additional television service” (except in the expression “digital

additional television service”) means an additional service within the

meaning given by section 48 of the 1990 Act for the purposes of Part 1

of the 1990 Act;

                    “analogue teletext service” is to be construed in accordance with section

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215(4);

                    “ancillary service” has the same meaning as it has, by virtue of section

24(2) of the 1996 Act, in Part 1 of that Act;

                     “assistance for disabled people” means any of the following—

                  (a)                 subtitling;

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                  (b)                 audio-description for the blind and partially sighted; and

                  (c)                 presentation in, or translation into, sign language;

                    “available for reception by members of the public” is to be construed in

accordance with section 354;

                    “BBC company” means—

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                  (a)                 a body corporate which is controlled by the BBC; or

                  (b)                 a body corporate in which the BBC or a body corporate

controlled by the BBC is (to any extent) a participant;

                    “C4 company” means—

                  (a)                 a body corporate which is controlled by C4C; or

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                  (b)                 a body corporate in which C4C or a body corporate controlled

by C4C is (to any extent) a participant;

                    “Channel 3”,“Channel 4” and “Channel 5” each has the same meaning as

in Part 1 of the 1990 Act (see section 71 of that Act);

                    “a Channel 3 service” means a television broadcasting service comprised

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in Channel 3;

                    “digital additional sound service” means a digital additional service

within the meaning given by section 63 of the 1996 Act for the purposes

of Part 2 of that Act;

                    “digital additional television service” means a digital additional service

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within the meaning given by section 24(1) of the 1996 Act for the

purposes of Part 1 of that Act;

                    “the digital public teletext service” means so much of the public teletext

service as consists of a service provided in digital form;

                    “digital sound programme licence” and “digital sound programme

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service” each has the same meaning as in Part 2 of the 1996 Act (see

sections 40 and 72 of that Act);

                    “digital television programme service” means a digital programme

service within the meaning given by section 1(4) of the 1996 Act for the

purposes of Part 1 of that Act;

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                    “EEA State” means the United Kingdom or any other State that is a

contracting party to the Agreement on the European Economic Area

signed at Oporto on 22nd May 1992, as adjusted by the Protocol signed

at Brussels on 17th March 1993, and “another EEA State” means an EEA

State other than the United Kingdom;

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                    “general multiplex service” means a multiplex service within the meaning

of section 172 which is neither a television multiplex service nor a radio

multiplex service;

                    “initial expiry date” has the meaning given by section 221;

                    “licensed public service channel” means any of the following services

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(whether provided for broadcasting in digital or in analogue form)—

 

 

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

    312

 

                  (a)                 any Channel 3 service;

                  (b)                 Channel 4;

                  (c)                 Channel 5;

                    “local digital sound programme licence” and “local digital sound

programme service” each has the same meaning as in Part 2 of the 1996

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Act (see sections 60 and 72 of that Act);

                    “local radio multiplex licence” and “local radio multiplex service” each

has the same meaning as in Part 2 of the 1996 Act (see sections 40 and

72 of that Act);

                    “local sound broadcasting licence” means a licence under Part 3 of the

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1990 Act to provide a local sound broadcasting service;

                    “local sound broadcasting service” means a sound broadcasting service

which, under subsection (4)(b) of section 242, is a local service for the

purposes of that section;

                    “the M25 area” means the area the outer boundary of which is represented

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by the London Orbital Motorway (M25);

                    “national Channel 3 service” means a Channel 3 service provided between

particular times of the day for more than one area for which regional

Channel 3 services are provided;

                    “national digital sound programme service” has the same meaning as in

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Part 2 of the 1996 Act;

                    “national radio multiplex licence” and “national radio multiplex service”

each has the same meaning as in Part 2 of the 1996 Act (see sections 40

and 72 of that Act);

                    “networking arrangements” has the meaning given by section 285;

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                    “OFCOM’s standards code” means any code or codes for the time being

in force containing standards set by OFCOM under section 312

(whether originally or by way of any revision of any standards

previously so set);

                    “provision”, in relation to a service, is to be construed (subject to

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subsection (3)) in accordance with subsection (2), and cognate

expressions are to be construed accordingly;

                    “the public teletext provider” means—

                  (a)                 subject to paragraph (b), the person holding the licence under

section 216 to provide the public teletext service; and

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                  (b)                 in relation to a time before the grant of the first licence to be

granted under that section, the person holding the Broadcasting

Act licence to provide the existing service (within the meaning

of section 218);

                    “the public teletext service” means the service the provision of which is

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required to be secured in accordance with section 215;

                    “qualifying service” has the same meaning as in Part 1 of the 1996 Act (see

section 2(2) of that Act);

                    “radio licensable content service” has the meaning given by section 244;

                    “radio multiplex service” has the same meaning as (by virtue of section

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255 of this Act) it has in Part 2 of the 1996 Act;

                    “radio programme service” means any of the following—

                  (a)                 a service the provision of which is licensed under Part 3 of the

1990 Act;

                  (b)                 a digital sound programme service the provision of which is

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licensed under Part 2 of the 1996 Act;

 

 

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

    313

 

                  (c)                 a digital additional sound service the provision of which is

licensed under section 64 of the 1996 Act;

                    “regional Channel 3 licence” means a licence under Part 1 of the 1990 Act

to provide a regional Channel 3 service;

                    “regional Channel 3 service” means a Channel 3 service provided for a

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particular area determined under section 14(2) of the 1990 Act;

                    “restricted television service” means any restricted service within the

meaning given by section 42A of the 1990 Act for the purposes of Part

1 of that Act;

                    “S4C” and “S4C Digital” means the services so described in section 201(3);

10

                    “S4C company” means—

                  (a)                 a body corporate which is controlled by the Welsh Authority; or

                  (b)                 a body corporate in which that Authority or a body corporate

controlled by that Authority is (to any extent) a participant;

                    “simulcast radio service” means any simulcast radio service within the

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meaning given by section 41(2) of the 1996 Act for the purposes of Part

2 of that Act;

                    “sound broadcasting service” has the same meaning as in Part 3 of the

1990 Act (see section 126 of that Act);

                    “standards objectives” has the meaning given by section 312(2);

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                    “subtitling” means subtitling for the deaf or hard of hearing, whether

provided by means of a teletext service or otherwise;

                    “television broadcasting service” means (subject to subsection (4)) a

service which—

                  (a)                 consists in a service of television programmes provided with a

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view to its being broadcast (whether in digital or in analogue

form);

                  (b)                 is provided so as to be available for reception by members of the

public; and

                  (c)                 is not—

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                      (i)                     a restricted television service;

                      (ii)                    a television multiplex service;

                      (iii)                   a service provided under the authority of a licence under

Part 1 of the 1990 Act to provide a television licensable

content service; or

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                      (iv)                    a service provided under the authority of a licence under

Part 1 of the 1996 Act to provide a digital television

programme service;

                    “television licensable content service” has the meaning given by section

229 of this Act;

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                    “television multiplex service” has meaning given by section 238(1) of this

Act to a multiplex service within the meaning of Part 1 of the 1996 Act;

                    “television programme service” means any of the following—

                  (a)                 a television broadcasting service;

                  (b)                 a television licensable content service;

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                  (c)                 a digital television programme service;

                  (d)                 a restricted television service;

                    “the Television without Frontiers Directive” means Council Directive 89/

552/EEC on the Co-ordination of certain provisions laid down by law,

regulation or administrative action in member States concerning the

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pursuit of television broadcasting activities, together with any

 

 

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

    314

 

modifications of that Directive by Directive 97/36/EC of the European

Parliament and the Council;

                    “text service” means any teletext service or other service in the case of

which the visual images broadcast or distributed by means of the

service consist wholly or mainly of non-representational images.

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     (2)    In the case of any of the following services—

           (a)           a television broadcasting service or sound broadcasting service,

           (b)           the public teletext service;

           (c)           a television licensable content service or radio licensable content

service,

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           (d)           a digital television programme service or digital sound programme

service,

           (e)           a restricted television service, or

           (f)           an additional television service or additional radio service,

            the person, and the only person, who is to be treated for the purposes of this

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Part as providing the service is the person with general control over which

programmes and other services and facilities are comprised in the service

(whether or not he has control of the content of individual programmes or of

the broadcasting or distribution of the service).

     (3)    For the purposes of this Part—

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           (a)           the provision of a service by the BBC does not include its provision by

a BBC company;

           (b)            the provision of a service by C4C does not include its provision by a C4

company;

           (c)           the provision of a service by the Welsh Authority does not include its

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provision by an S4C company;

            and, accordingly, control that is or is capable of being exercised by the BBC,

C4C or the Welsh Authority over decisions by a BBC company, C4 company or

S4C company about what is to be comprised in a service shall be disregarded

for the purposes of subsection (2).

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     (4)    References in this Part to a television broadcasting service do not include

references to any text service.

     (5)    References in this Part to imposing a charge on a person in respect of his

reception of a service in, or in a part of, the United Kingdom include references

to imposing charges—

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           (a)           for his use of the service at a place in the United Kingdom or in that part

of it;

           (b)           for an entitlement of his to receive it at such place;

           (c)           for the use of a facility by means of which he exercises such an

entitlement; or

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           (d)           for the service’s being made available for reception by him at such a

place.

     (6)    In subsection (1) “controlled” and “participant” each has the same meaning as

in Schedule 2 to the 1990 Act.

     (7)    In this section “non-representational images” means visual images which are

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neither still pictures nor comprised within sequences of visual images capable

of being seen as moving pictures.

 

 

Communications Bill
Part 4 — Licensing of TV reception

    315

 

Part 4

Licensing of TV reception

 356   Licence required for use of TV receiver

     (1)    A television receiver must not be installed or used unless the installation and

use of the receiver is authorised by a licence under this Part.

5

     (2)    A person who installs or uses a television receiver in contravention of

subsection (1) is guilty of an offence.

     (3)    A person with a television receiver in his possession or under his control

who—

           (a)           intends to install or use it in contravention of subsection (1), or

10

           (b)           knows, or has reasonable grounds for believing, that another person

intends to install or use it in contravention of that subsection,

            is guilty of an offence.

     (4)    A person guilty of an offence under this section shall be liable, on summary

conviction, to a fine not exceeding level 3 on the standard scale.

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     (5)    Subsection (1) is not contravened by anything done in the course of the

business of a dealer in television receivers solely for one or more of the

following purposes—

           (a)           installing a television receiver on delivery;

           (b)           demonstrating, testing or repairing a television receiver.

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     (6)    The Secretary of State may by regulations exempt from the requirement of a

licence under subsection (1) the installation or use of television receivers—

           (a)           of such descriptions,

           (b)           by such persons,

           (c)           in such circumstances, and

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           (d)           for such purposes,

            as may be provided for in the regulations.

     (7)    Regulations under subsection (6) may make any exemption for which such

regulations provide subject to compliance with such conditions as may be

specified in the regulations.

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 357   TV licences

     (1)    A licence for the purposes of section 356 (“a TV licence”)—

           (a)           may be issued by the BBC subject to such restrictions and conditions as

the BBC think fit; and

           (b)           must be issued subject to such restrictions and conditions as the

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Secretary of State may require by a direction to the BBC.

     (2)    The matters to which the restrictions and conditions subject to which a TV

licence may be issued may relate include, in particular—

           (a)           the description of television receivers that may be installed and used

under the licence;

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           (b)           the persons authorised by the licence to install and use a television

receiver;

 

 

 
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