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Communications Bill


Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    464

 

general multiplex service, means the person

who provides that service;”

              (b)             after the definition of “programme provider” there shall be

inserted—

                                                   “‘the relevant multiplex’—

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                                 (a)                                in relation to a multiplex provider falling

within paragraph (a) of the definition of that

expression, means the television multiplex

service to which his licence relates; and

                                 (b)                                in relation to any other multiplex provider,

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means the television multiplex service or

general multiplex service which is provided

by him;

                                          and this section and section 15 shall have effect as if

references in this section to digital programme services

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included references to digital sound programme services and

references to digital additional services included references

to digital additional services within the meaning of Part 2.”

Attribution of multiplex revenue to multiplex providers

  88      (1)      Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder)

20

shall be amended as follows.

          (2)      In subsection (1)—

              (a)             for “the holder of a multiplex licence” there shall be substituted “the

person who is the multiplex provider in relation to any television

multiplex service”;

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              (b)             for “of multiplex services in that period,” there shall be substituted

“in that period of television multiplex services,”;

              (c)             for “the holder of the multiplex licence” there shall be substituted,

“the multiplex provider”.

          (3)      In subsection (2)—

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              (a)             for “a multiplex service” there shall be substituted “a television

multiplex service or a general multiplex service”;

              (b)             for “the holder of the multiplex licence”, wherever occurring, there

shall be substituted “the multiplex provider”.

          (4)      In subsection (3)—

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              (a)             for “the Commission” there shall be substituted “OFCOM”; and

              (b)             for “the holder of the multiplex licence” there shall be substituted

“the multiplex provider”.

          (5)      In subsection (4), after “‘additional services provider’” there shall be

inserted “, ‘multiplex provider’”.

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Duration of multiplex licences

  89      (1)      Section 16 of the 1996 Act (duration and renewal of multiplex licences) shall

be amended as follows.

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

“OFCOM”.

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Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    465

 

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

three months before”.

          (4)               After subsection (12), there shall be inserted—

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

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

5

and

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

licence in question.”

Enforcement of multiplex licences

  90       In section 17 of the 1996 Act (enforcement of multiplex licences), for “the

10

Commission” and “The Commission”, wherever occurring, there shall be

substituted “OFCOM”.

Licensing of digital programme services

  91      (1)      Section 18 of the 1996 Act (licensing of digital programme services) shall be

amended as follows.

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          (2)      In subsections (1) to (4), for “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall

cease to have effect.

Conditions of licences for digital programme services

20

  92      (1)      Section 19 of the 1996 Act (conditions of licences for digital programme

services) shall be amended as follows.

          (2)      In subsection (3)—

              (a)             for “the Commission”, wherever occurring, there shall be substituted

“OFCOM”;

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              (b)             in paragraphs (a) and (c), for “the holder of a multiplex licence” there

shall be substituted, in each case, “the provider of a television

multiplex service or general multiplex service”,

              (c)             in paragraph (a), for “by means of a multiplex service” there shall be

substituted “by means of that provider’s service”; and

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              (d)             in paragraph (a)(i), for “the identity of the multiplex service” there

shall be substituted “the identity of the service by means of which it

will be broadcast”.

          (3)      Subsections (2) and (4) to (10) of that section shall cease to have effect.

Duration and enforcement of multiplex licenses

35

  93      (1)      Section 23 of the 1996 Act (enforcement of digital programme licences) shall

be amended as follows.

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

shall be substituted “OFCOM”.

          (3)      In subsection (4), for the words from “multiplex service” onwards there shall

40

be substituted “television multiplex service or general multiplex service,

means the last accounting period of the multiplex provider”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    466

 

          (4)      In subsection (5), for “multiplex service, the first accounting period of the

holder of the multiplex licence” there shall be substituted “television

multiplex service or general multiplex service, the first accounting period of

the multiplex provider”.

          (5)      After that subsection there shall be inserted—

5

              “(5A)                In subsections (4) and (5) ‘multiplex provider’ has the same meaning

as in section 14.”

          (6)      In subsection (8) for “apology” there shall be substituted “statement of

findings”.

Digital additional services

10

  94      (1)      Section 24 of the 1996 Act (digital additional services) shall be amended as

follows.

          (2)      In subsection (1), for paragraphs (a) and (b) 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

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be available for reception by members of the public;

                    (b)                      is so provided with a view either—

                           (i)                          to the broadcasting being by means of a television

multiplex service or by means of a general multiplex

service; or

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                           (ii)                         to the members of the public in question being or

including members of the public in an EEA State

other than the United Kingdom, or in an area of such

a State;

                                          and

25

                    (c)                      is not a Channel 3 service, Channel 4, Channel 5, a public

television service of the Welsh Authority, the digital public

teletext service, a digital programme service, a digital sound

programme service, an ancillary service or a technical

service.”

30

          (3)      In subsection (2) (meaning of ancillary service)—

              (a)             for “an independent analogue broadcaster” there shall be substituted

“a relevant public service broadcaster”; and

              (b)                             for paragraphs (a) and (b) there shall be substituted—

                           “(a)                             assistance for disabled people in relation to some or

35

all of the programmes included in a digital

programme service or qualifying service provided by

him;

                           (b)                             a service (apart from advertising) that relates to the

promotion or listing of programmes included in such

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a service or in a digital sound programme service so

provided; or

                           (c)                             any other service (apart from advertising) that is

ancillary to one or more programmes so included,

and relates directly to their contents.”

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          (4)      In subsection (3)(a), after “digital programme services” there shall be

inserted “, digital sound programme services”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    467

 

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

              “(3A)                In this section—

                                      ‘assistance for disabled people’ has the same meaning as in Part

3 of the Communications Act 2003;

                                      ‘available for reception by members of the public’ shall be

5

construed in accordance with section 354 of that Act;

                                      ‘public television service of the Welsh Authority” means—

                           (a)                          S4C Digital; or

                           (b)                          any television programme service the provision of

which by the Authority is authorised by or under

10

section 202 of that Act and which is provided in

digital form;

                                      ‘relevant public service broadcaster’ means any of the

following—

                           (a)                          a person licensed under Part 1 of the 1990 Act to

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provide a Channel 3 service;

                           (b)                          the Channel 4 Corporation;

                           (c)                          a person licensed under Part 1 of the 1990 Act to

provide Channel 5;

                           (d)                          the BBC;

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                           (e)                          the Welsh Authority;

                           (f)                          the public teletext provider.”

Licensing of digital additional services

  95      (1)      Section 25 of the 1996 Act (licensing of digital additional services) shall be

amended as follows.

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          (2)      In subsections (1) to (4), for “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

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

              “(4A)                A digital additional services licence is not required for a service that

is or is comprised in a qualifying service.”

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          (4)      Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall

cease to have effect.

Conditions of digital additional services licence

  96      (1)      Section 26 of the 1996 Act (conditions of licences for digital additional

services) shall be amended as follows.

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          (2)      In subsection (2)—

              (a)             for “the Commission”, wherever occurring, there shall be substituted

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a multiplex licence” there

shall be substituted, in each case, “the provider of a television

40

multiplex service or general multiplex service”;

              (c)             in paragraph (a), for “by means of a multiplex service” there shall be

substituted “by means of that provider’s service”; and

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    468

 

              (d)             in paragraph (a)(i), for “the identity of the multiplex service” there

shall be substituted “the identity of the service by means of which it

will be broadcast”.

Enforcement of digital additional television services licences

  97      (1)      Section 27 of the 1996 Act (enforcement of digital additional television

5

services licences) shall be amended as follows.

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

shall be substituted “OFCOM”.

          (3)      In subsection (4), for the words from “multiplex service” onwards there shall

be substituted “television multiplex service or general multiplex service,

10

means the last accounting period of the multiplex provider”.

          (4)      In subsection (5), for “multiplex service, the first accounting period of the

holder of the multiplex licence” there shall be substituted “television

multiplex service or general multiplex service, the first accounting period of

the multiplex provider”.

15

          (5)      After that subsection there shall be inserted—

              “(5A)                In subsections (4) and (5) ‘multiplex provider’ has the same meaning

as in section 14.”

Digital broadcasting of Gaelic programmes

  98      (1)      Section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) shall

20

be amended as follows.

          (2)      In subsection (1), for “the Commission to include in any multiplex licence

granted in respect of one frequency to which section 28 applies” there shall

be substituted “OFCOM to include in no more than one relevant multiplex

licence”.

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          (3)      In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be

substituted “Seirbheis nam Meadhanan Gàidhlig”.

          (4)      For subsection (9) there shall be substituted—

              “(9)                In this section—

                                      ‘Gaelic’ means the Gaelic language as spoken in Scotland;

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                                      ‘relevant multiplex licence’ means a multiplex licence in respect

of which the Secretary of State has made an order under

section 240(3) of the Communications Act 2003;

                                      ‘television broadcasting service’ has the same meaning as in

Part 3 of the Communications Act 2003.”

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Review of digital television broadcasting

  99      (1)      Section 33 of the 1996 Act (review of digital television broadcasting) shall be

amended as follows.

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

“OFCOM”.

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          (3)      In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C

Digital, the qualifying teletext service” there shall be substituted “following

services, namely, Channel 3 services, Channel 4, Channel 5, the public

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    469

 

television services of the Welsh Authority (within the meaning of Part 2 of

Schedule 12 to the Communications Act 2003), the digital public teletext

service”.

Enforcement of licences held by BBC companies

  100      In section 35 of the 1996 Act (enforcement of licences held by BBC

5

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

substituted “OFCOM”.

Interpretation of Part 1

  101      In section 39(1) (interpretation of Part 1)—

              (a)             after the definition of “digital programme service” there shall be

10

inserted—

                                                   “‘digital public teletext service’ has the same meaning as

in Part 3 of the Communications Act 2003;

                                                   ‘digital sound programme service’ has the same

meaning as in Part 2 of this Act;

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                                                   ‘general multiplex service’ has the same meaning as in

that Part;”.

              (b)             for the definition of “public teletext provider” there shall be

substituted—

                                                   “‘public teletext provider’ means the person for the time

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being licensed under Part 1 of the 1990 Act to provide

the public teletext service (within the meaning of Part

3 of the Communications Act 2003);”

              (c)             for the definitions of “S4C” and “on S4C” and of “S4C Digital” and

“on S4C Digital” there shall be substituted—

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                                                   “‘S4C’ and ‘S4C Digital’ each has the same meaning as

in Part 3 of the Communications Act 2003;”.

              (d)             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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Radio multiplex services

  102     (1)      Section 40 of the 1996 Act (radio multiplex services) shall be amended as

follows.

          (2)      For subsections (1) to (3) there shall be substituted—

              “(1)                In this Part ‘radio multiplex service’ means a radio multiplex service

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

          (3)      In subsection (4) (local and national multiplex services), the words

“provided on a frequency or frequencies assigned to the Authority under

section 45(1)” shall be omitted.

          (4)      In subsection (5), for “for general reception” there shall be substituted “so as

40

to be available for reception by members of the public”.

          (5)      For subsection (8) of that section there shall be substituted—

              “(8)                In this section—

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    470

 

                                      ‘available for reception by members of the public’ shall be

construed in accordance with section 354 of the

Communications Act 2003;

                                      ‘broadcast’ means broadcast otherwise than from a satellite.”

Licences under Part 2 of the 1996 Act

5

  103     (1)      Section 42 of the 1996 Act (licences under Part 2) shall be amended as

follows.

          (2)      In subsection (1), for “the Radio Authority (in this Part referred to as ‘the

Authority’)” there shall be substituted “OFCOM”.

          (3)      In subsections (2), (5) and (6), for “The Authority” and “the Authority”,

10

wherever occurring, there shall be substituted “OFCOM”.

          (4)      For subsection (3) (variation of licences) there shall be substituted—

              “(3)                OFCOM may vary a licence by a notice served on the licence holder.

              (3A)                OFCOM shall not vary—

                    (a)                   the period for which a licence having effect for a specified

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period is to continue in force, or

                    (b)                   increase the total amount of digital capacity specified in a

national radio multiplex licence for the purposes of section

48(1A),

                              unless the licence holder consents.

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              (3B)                OFCOM shall not make any other variation of a licence unless the

licence holder has been given a reasonable opportunity of making

representations to OFCOM about the variation.”

          (5)      In subsection (4) (exceptions from power to vary licences), for “Paragraph (a)

of subsection (3)” there shall be substituted “Paragraph (a) of subsection

25

(3A)”.

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

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

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

section 1 of the Wireless Telegraphy Act 1949; or

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                    (b)                   of 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

communications services).”

General licence conditions

35

  104     (1)      Section 43 of the 1996 Act (general licence conditions) shall be amended as

follows.

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

“OFCOM”.

          (3)      In subsection (1) (conditions may include conditions to give effect to duties

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imposed by or under 1990 Act or 1996 Act)—

 

 

 
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