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Communications Bill


Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    443

 

                    (b)                      to provide in relation to his television broadcasting service

any such services as are mentioned in subsection (3)(aa).”

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

              “(6)                In this section—

                                      ‘electronic signals’ means signals within the meaning of section

5

29 of the Communications Act 2003;

                                      ‘relevant frequency’ means a frequency made available by

OFCOM for the purposes of a television broadcasting

service.”

          (8)      This paragraph does not affect the validity of a licence granted or last

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renewed before the television transfer date, or the services licensed by any

such licence.

Licensing of additional television services

  22      (1)      Section 49 of the 1990 Act (licensing of additional television services) shall be

amended as follows.

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

“OFCOM”.

          (3)      In subsection (1), for the words from “of the following” to “48(1)(b)” there

shall be substituted “relevant frequency”.

          (4)      For subsections (2) and (3) there shall be substituted—

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              “(1A)                An additional services licence is not required for an additional

service that is comprised in the public teletext service (within the

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

          (5)      In subsection (10), at the end there shall be inserted “and ‘relevant

frequency’ has the same meaning as in section 48.”

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Applications for additional services licences

  23      (1)      Section 50 of the 1990 Act (applications for additional services licences) shall

be amended as follows.

          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

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          (3)      In subsection (1)(b)(ii), the words “(subject to the approval of the Secretary

of State)” shall be omitted.

          (4)      Subsection (7) shall cease to have effect.

Procedure on application etc. for additional television services licences

  24      (1)      Section 51 of the 1990 Act (consideration of applications for licences for

35

additional television services) shall be amended as follows.

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

“OFCOM”.

          (3)      In subsection (1), for paragraph (a) (requirement of approval of technical

plans) there shall be substituted—

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                    “(a)                      that the technical plan submitted under section 50(3)(b), in so

far as it involves the use of an electronic communications

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    444

 

network (within the meaning of the Communications Act

2003), contains proposals that are acceptable to them; and”.

          (4)      Subsections (2) and (7) shall cease to have effect.

Additional payments in respect of additional television services licences

  25       In section 52 of the 1990 Act (additional payments in respect of additional

5

television services licences), for “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

Duration of additional television services licences

  26      (1)      Section 53 of the 1990 Act (duration and renewal of additional television

services licences) shall be amended as follows.

10

          (2)      In subsection (1), for the words before paragraph (a) there shall be

substituted—

              “(1)                A licence to provide additional services on a frequency which is a

relevant frequency for the purposes of section 48 or (in the case of a

licence granted before the television transfer date) was assigned

15

under section 65—”.

          (3)               In subsection (2), after “not later than” there shall be inserted “the day falling

three months before”.

          (4)      In subsections (4) to (11), for “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

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          (5)      In subsection (8), for the words from “payable” onwards there shall be

substituted “the cash bid of the licence holder were the licence (instead of

being renewed) to be granted for the period of the renewal on an application

made in accordance with section 50(3).”

          (6)      After that subsection there shall be inserted—

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              “(8A)                For the purposes of subsection (7)(b)—

                    (a)                   different percentages may be specified for different

accounting periods; and

                    (b)                   the percentages that may be specified for an accounting

period include a nil percentage.”

30

          (7)      After subsection (11) there shall be inserted—

              “(12)                A determination for the purposes of subsection (11)—

                    (a)                   must be made at least one year before the date determined;

and

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

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licence in question.

              (13)                In this section ‘the television transfer date’ has the same meaning as

in the Communications Act 2003.”

Additional television services not to interfere with other transmissions

  27      (1)      Section 54 of the 1990 Act (additional television services not to interfere with

40

other transmissions) shall be amended as follows.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    445

 

          (2)      In subsection (1), for “the Commission” there shall be substituted “OFCOM”.

          (3)      Subsection (2) shall cease to have effect.

Enforcement of additional television services licences

  28      (1)      Section 55 of the 1990 Act (further provision in relation to additional

television services licences) shall be amended as follows.

5

          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      In subsection (4) at the end there shall be inserted “and, in the case of a

licence renewed under section 53 as if the reference in section 42(4) to the

end of the period for which the licence is to continue in force were a

10

reference to the end of the period for which it has been renewed.

The Welsh Authority

  29      (1)      Section 58 of the 1990 Act (sources of programmes for S4C) shall be amended

as follows.

          (2)      In subsection (1), for “comply with their duty under section 57(2)(b)” there

15

shall be substituted “fulfil so much of their public service remit in relation to

S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is

contained in sub-paragraph (2)(a) and (b) of that paragraph”.

          (3)      In subsection (2)(a), for “comply with section 57(3)” there shall be

substituted “fulfil so much of their public service remit in relation to S4C

20

under paragraph 3 of Schedule 12 to the Communications Act 2003 as is

contained in sub-paragraph (2)(c) of that paragraph”.

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

              “(6)                In this section ‘programme’ does not include an advertisement.”

Distribution of licensed public service channels

25

  30      (1)      Section 66 of the 1990 Act (requirements relating to transmission and

distribution of services) shall be amended as follows.

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

“OFCOM”.

          (3)      In subsections (1) and (2), for “for general reception” there shall be

30

substituted “so as to be available for reception by members of the public”.

          (4)      After subsection (2) there shall be inserted—

              “(2A)                In subsections (1) and (2) ‘available for reception by members of the

public’ shall be construed in accordance with section 354 of the

Communications Act 2003”.

35

Enforcement of licences held by BBC companies

  31       In section 66A of the 1990 Act (enforcement of licences held by BBC

companies), for “the Commission”, wherever occurring, there shall be

substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    446

 

Interpretation of Part 1

  32      (1)      Section 71 of the 1990 Act (interpretation) shall be amended as follows.

          (2)      For the definitions of “S4C” and “on S4C” there shall be substituted—

                                      “‘S4C’ has the same meaning as in Part 3 of the

Communications Act 2003;”.

5

          (3)      For the definitions of “television broadcasting service” and “television

programme service” there shall be substituted—

                                      “‘television broadcasting service’, ‘television licensable content

service’ and ‘television programme service’ each has the

same meaning as in Part 3 of the Communications Act 2003;”.

10

Licensing functions of OFCOM

  33      (1)      Section 85 of the 1990 Act (licensing of independent radio services) shall be

amended as follows.

          (2)      In subsections (1) and (2), for “the Authority” and “The Authority”,

wherever occurring, there shall be substituted “OFCOM”.

15

          (3)      In subsection (1), for “such licences to provide independent radio services as

they may determine” there shall be substituted “licences to provide relevant

independent radio services”.

          (4)      Subsections (3) and (4) (duty to secure the meeting of a variety of tastes and

interests and to ensure fair and effective competition) shall cease to have

20

effect.

          (5)      After subsection (7) there shall be inserted—

              “(8)                In this section ‘relevant independent radio services’ means the

following services so far as they are services falling to be regulated

under section 242 of the Communications Act 2003—

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                    (a)                   sound broadcasting services;

                    (b)                   radio licensable content services;

                    (c)                   additional radio services.”

Licences under Part 3 of the 1990 Act

  34      (1)      Section 86 of the 1990 Act (licences under Part 3) shall be amended as

30

follows.

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

substituted “OFCOM”.

          (3)      For subsection (9) of that section there shall be substituted—

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

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

section 1 of the Wireless Telegraphy Act 1949; or

                    (b)                   any obligation to comply with requirements imposed by or

under Chapter 1 of Part 2 of the Communications Act 2003

(electronic communications networks and electronic

40

communications services).”

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    447

 

General licence conditions

  35      (1)      Section 87 of the 1990 Act (general licence conditions) shall be amended as

follows.

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

“OFCOM”.

5

          (3)      In subsection (1), in each of paragraphs (a) and (d), after “this Act” there shall

be inserted “, the Broadcasting Act 1996 or the Communications Act 2003”.

          (4)      In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or”

immediately preceding it shall be omitted.

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

10

onwards there shall be substituted “regard as necessary for the purposes of

paragraph 8(1) of the Schedule to the Office of Communications Act 2002

(obligation to conduct affairs so as to be able to meet their obligations and

carry out their functions).”

Restrictions on holding licences

15

  36      (1)      Section 88 of the 1990 Act (restrictions on the holding of licences) shall be

amended as follows.

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

substituted “OFCOM”.

          (3)      In subsection (2) (incidental requirements to provide information), after

20

paragraph (d) there shall be inserted—

                    “(da)                      impose conditions in a licence requiring the licence holder, if

a body corporate, to give OFCOM notice, after they have

occurred and irrespective of whether proposals for them

have fallen to be notified, of changes, transactions or events

25

affecting—

                           (i)                          shareholdings in the body; or

                           (ii)                         the directors of the body;

                    (db)                      impose conditions in a licence enabling OFCOM to require

the licence holder to provide them with such information as

30

they may reasonably require for determining—

                           (i)                          whether the licence holder is a disqualified person in

relation to that licence by virtue of Part 2 of Schedule

2; or

                           (ii)                         whether any such requirements as are mentioned in

35

subsection (1)(b) have been and are being complied

with by or in relation to the licence holder;”.

          (4)      In subsection (6)—

              (a)             in paragraph (a), for “complained of” there shall be substituted

“constituting their grounds for revoking the licence”; and

40

              (b)             in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be

substituted “the requirements imposed by or under Schedule 14 to

the Communications Act 2003”.

          (5)      In subsection (6A)—

              (a)             paragraph (a) shall cease to have effect; and

45

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    448

 

              (b)             in paragraph (b), for “Part IV of that Schedule” there shall be

substituted “Part 1 of Schedule 14 to the Communications Act 2003”.

          (6)      Subsection (6B) shall cease to have effect.

          (7)      In subsection (7), for the words from “a failure” to the end of paragraph (c)

there shall be substituted “a disqualification under Part 2 of Schedule 2 to

5

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

14 to the Communications Act 2003,”.

Disqualification of persons convicted of transmission offences

  37      (1)      Section 89 of the 1990 Act (offences giving rise to disqualification) shall be

amended as follows.

10

          (2)      In subsection (1), for paragraph (a) there shall be substituted—

                           “(a)                             an offence under section 1(1) of the Wireless

Telegraphy Act 1949 (‘the 1949 Act’) consisting in the

establishment or use of a station for wireless

telegraphy, or the installation or use of wireless

15

telegraphy apparatus, for the purpose of making a

broadcast (within the meaning of section 9 of the

Marine, &c., Broadcasting (Offences) Act 1967);

                           (aa)                             an offence under section 1A of the 1949 Act (keeping

wireless telegraphy station or apparatus available for

20

unauthorised use) where the relevant contravention

of section 1 would constitute an offence falling within

paragraph (a);

                           (ab)                             an offence under section 1B or 1C of the 1949 Act

(unlawful broadcasting offences);”.

25

          (3)      In subsection (3), for the words from “concerned” onwards there shall be

substituted “concerned in—

                    (a)                      the provision of the licensed service or the making of

programmes included in it; or

                    (b)                      the operation of a station for wireless telegraphy used for

30

broadcasting the service.”

          (4)      This paragraph does not impose a disqualification in respect of any offence

committed before the commencement of this paragraph.

Offence of providing regulated radio services

  38      (1)      Section 97 of the 1990 Act (prohibition on providing services without a

35

licence) shall be amended as follows.

          (2)      In subsection (1), for the words from “independent” to “84(1)(d), (e) or (f)”

there shall be substituted “relevant regulated radio service”.

          (3)      After that subsection there shall be inserted—

              “(1A)                In subsection (1) ‘relevant regulated radio service’ means a service

40

falling to be regulated by OFCOM under section 242 of the

Communications Act 2003, other than a radio multiplex service.”

          (4)      In subsection (2) (exemption orders made after consulting the Radio

Authority), for “the Authority” there shall be substituted “OFCOM”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    449

 

Applications for national licences

  39      (1)      Section 98 of the 1990 Act (applications for national licences) shall be

amended as follows.

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

substituted “OFCOM”.

5

          (3)      In subsection (3)(a) (proposals to accompany application)—

              (a)             the word “both”, and

              (b)             sub-paragraph (ii) and the word “and” immediately preceding it,

                   shall be omitted.

          (4)      After subsection (3) there shall be inserted—

10

              “(3A)                For the purposes of subsection (1)(d)(ii)—

                    (a)                   different percentages may be specified for different

accounting periods; and

                    (b)                   the percentages that may be specified for an accounting

period include a nil percentage.”

15

          (5)      In subsection (4) (provision of further information), after “paragraphs (a),”

there shall be inserted “(aa),”.

          (6)      In subsection (6)(b) (publication of details of successful applicant), after

“subsection (3)(a)” there shall be inserted “and (aa)”.

Consideration of applications for a national licence

20

  40      (1)      Section 99 of the 1990 Act (consideration of applications for national licence)

shall be amended as follows.

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

“OFCOM”.

          (3)      In paragraph (a) of subsection (1) (proposals to accompany application)—

25

              (a)             the word “both”, and

              (b)             sub-paragraph (ii) and the word “and” immediately preceding it,

                   shall be omitted.

          (4)      In paragraph (b) of that subsection, after “maintain that service” there shall

be inserted “and any proposed simulcast radio service corresponding to that

30

service”.

Award of national licences

  41       In section 100 of the 1990 Act (award of national licences to person

submitting highest cash bid), for “the Authority” and “The Authority”,

wherever occurring, there shall be substituted “OFCOM”.

35

Failure to begin providing licensed service

  42      (1)      Section 101 of the 1990 Act (failure to begin providing licensed service) shall

be amended as follows.

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

“OFCOM”.

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          (3)      In subsection (1)—

 

 

 
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