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Communications Bill


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

    471

 

              (a)             in paragraph (a), for “the 1990 Act or this Act” there shall be

substituted “this Act, the 1990 Act or the Communications Act 2003”;

and

              (b)             in paragraph (d), after “this Act” there shall be inserted “, the 1990

Act or the Communications Act 2003”.

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

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).”

10

Restrictions on holding licences

  105     (1)      Section 44 of the 1996 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”.

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

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

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

affecting—

                           (i)                          shareholdings in the body; or

                           (ii)                         the directors of the body;

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

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the licence holder to provide them with such information as

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 to the 1990 Act; or

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                           (ii)                         whether any such requirements as are mentioned in

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

35

“constituting their grounds for revoking the licence”; and

              (b)             in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act”

there shall be substituted “the requirements imposed by or under

Schedule 14 to the Communications Act 2003”.

          (5)      In subsection (7)—

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

              (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)      In subsection (8), 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 the

45

1990 Act or a contravention of a requirement imposed by or under Schedule

14 to the Communications Act 2003,”.

 

 

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

    472

 

National radio multiplex licences

  106     (1)      Section 46 of the 1996 Act (national radio multiplex licences) shall be

amended as follows.

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

substituted “OFCOM”.

5

          (3)      In subsection (1)(d), for “a direction” there shall be substituted “a condition”.

Award of national radio multiplex licences

  107      In section 47 of the 1996 Act (award of national radio multiplex licences), for

“the Authority”, wherever occurring, there shall be substituted “OFCOM”.

Reservation of capacity for independent national broadcasters

10

  108     (1)      Section 48 of the 1996 Act (reservation of digital capacity for independent

broadcasters) shall be amended as follows.

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

              “(1A)                OFCOM must ensure that the conditions included in national radio

multiplex licences (taken together) secure that an amount of digital

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capacity on the multiplex frequencies is reserved for every

independent national broadcaster for the broadcasting of a simulcast

radio service provided by that broadcaster.

              (1B)                Where the conditions of a licence for a national radio multiplex

service reserve capacity on the frequency made available for that

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service for the broadcasting of a simulcast radio service provided by

an independent national broadcaster, those conditions must also

include the condition specified in subsection (1C).

              (1C)                That condition is the condition that OFCOM consider appropriate

for securing that, in consideration of the making by the independent

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national broadcaster of the payments which —

                    (a)                   are agreed from time to time between him and the licence

holder, or

                    (b)                   in default of agreement, are determined under this section,

                              the licence holder uses, for the broadcasting of a simulcast radio

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service provided by that broadcaster, such of the reserved digital

capacity as may be requested, from time to time, by that broadcaster.

              (1D)                Where conditions are included under this section in a national radio

multiplex licence reserving capacity for an independent national

broadcaster, OFCOM may include conditions relating to the

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broadcasting of the simulcast radio service in the licence for the

national service provided by that broadcaster.”

          (3)      In subsections (4) to (6), for “the Authority”, wherever occurring, there shall

be substituted “OFCOM”.

          (4)      In subsection (4), for “subsection (3)(a)” there shall be substituted

40

“subsection (1C)”.

 

 

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

    473

 

          (5)      After subsection (6) there shall be inserted—

              “(7)                In this section ‘the multiplex frequencies’ means the frequencies

made available for the purposes of licensed national radio multiplex

services.”

Reservation of digital capacity for BBC

5

  109     (1)      Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be

amended as follows.

          (2)      In subsections (1) to (3) and (6), for “the Authority”, wherever occurring,

there shall be substituted “OFCOM”.

          (3)      In subsection (4) (determination of capacity to be reserved), for the words

10

from “If the BBC” to “the Secretary of State, who may” there shall be

substituted “If the BBC do not give their consent to the proposals within

such period as OFCOM may specify in their notice under subsection (3),

OFCOM shall”.

          (4)      In subsection (5), for words from “the Secretary of State” onwards there shall

15

be substituted “OFCOM shall give the BBC an opportunity of making

representations to them about their proposals.”

          (5)      In subsection (6), after “and the BBC” there shall be inserted “or (in default

of agreement) determined under this section”.

          (6)      After that subsection there shall be inserted—

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              “(7)                Where the holder of the licence and the BBC fail to agree—

                    (a)                   the payments to be made under a condition included in the

licence in accordance with subsection (6), or

                    (b)                   the other terms that are to apply in relation to the use of

digital capacity in accordance with such a condition,

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                              either of them may refer the matter to OFCOM for determination.

              (8)                Before making a determination under subsection (7), OFCOM must

give the licence holder and the BBC an opportunity of making

representations to them about the matter.

              (9)                In making any determination under subsection (7), OFCOM shall

30

have regard to—

                    (a)                   the expenses incurred, or likely to be incurred, by the licence

holder in providing the local radio multiplex service in

question, and

                    (b)                   the terms on which persons providing local radio multiplex

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services contract with persons providing local digital

additional services for the broadcasting of those services.”

Local radio multiplex licences

  110     (1)      Section 50 of the 1996 Act (local radio multiplex licences) shall be amended

as follows.

40

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

substituted “OFCOM”.

          (3)      In subsection (1)(b), for “the Secretary of State has” there shall be substituted

“OFCOM have”.

 

 

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

    474

 

          (4)      In subsection (2)(d), for “direction under section 49” substitute

“determination under section 49(4)”.

Award of local multiplex licences

  111     (1)      Section 51 of the 1996 Act (award of local multiplex licences) shall be

amended as follows.

5

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

“OFCOM”.

          (3)      In subsection (2), for paragraph (f) there shall be substituted—

                    “(f)                      the extent to which there is evidence that, amongst persons

living in that area or locality, there is a demand for, or

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support for, the provision of the proposed service; and”.

Power to require two or more local radio multiplex licences to be granted to one person

  112      In section 52 of the 1996 Act (power to require two or more local radio

multiplex licences to be granted to one person), for “The Authority” and “the

Authority” there shall be substituted “OFCOM”.

15

Failure to begin to provide licensed service

  113      In section 53 of the 1996 Act (failure to provide licensed service), for “the

Authority”, wherever occurring, there shall be substituted “OFCOM”.

Conditions which may be attached to radio multiplex licences

  114      In section 54 of the 1996 Act (conditions which may be attached to a radio

20

multiplex licence), for “the Authority”, wherever occurring, there shall be

substituted “OFCOM”.

Additional payments to be made in respect of national radio multiplex licences

  115      In section 55 of the 1996 Act (additional payments to be made in respect of

national radio multiplex licences) for “the Authority”, wherever occurring,

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there shall be substituted “OFCOM”.

Multiplex revenue

  116      In subsections (7) and (8) of section 56 of the 1996 Act (computation of

multiplex revenue), for “the Authority”, wherever occurring, there shall be

substituted “OFCOM”.

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Attribution of radio multiplex revenue

  117      In section 57 of the 1996 Act (attribution of radio multiplex revenue), for “the

Authority”, wherever occurring, there shall be substituted “OFCOM”.

Duration and renewal of radio multiplex licences

  118     (1)      Section 58 of the 1996 Act (duration and renewal of radio multiplex licences)

35

shall be amended as follows.

 

 

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

    475

 

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

substituted “OFCOM”.

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

three months before”.

          (4)      Subsection (5) (consent of the Secretary of State for exercise of certain powers

5

in connection with renewal) shall cease to have effect.

          (5)      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;

and

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

licence in question.”

Enforcement of radio multiplex licences

  119      In section 59 of the 1996 Act (enforcement of radio multiplex licences), for

“the Authority” and “The Authority”, wherever occurring, there shall be

15

substituted “OFCOM”.

Digital sound programme licensing

  120     (1)      Section 60 of the 1996 Act (digital sound programme licensing) shall be

amended as follows.

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

20

“OFCOM”.

          (3)      After subsection (6), there shall be inserted—

              “(6A)                Section 89 of the 1990 Act (disqualification from being licence holder

or concerned with the provision of a programme service if convicted

of a transmitting offence) shall apply in relation to a licence under

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this section as it applies to a licence under Part 3 of that Act, but with

the omission of paragraph (b) of subsection (3) of that section and of

the word ‘or’ immediately before that paragraph.”

          (4)      Sub-paragraph (3) does not impose a disqualification in respect of any

offence committed before the commencement of that sub-paragraph.

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Conditions of digital sound programme licences

  121     (1)      Section 61 of the 1996 Act (conditions of licences for digital sound

programme services) shall be amended as follows.

          (2)      In subsection (2)—

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

35

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a radio multiplex

licence”, there shall be substituted, in each case, “the provider of a

radio multiplex service, of a television multiplex service or of a

general multiplex service”;

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              (c)             in paragraph (a) for “by means of a radio multiplex service” there

shall be substituted “by means of the multiplex service”; and

 

 

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

    476

 

              (d)             in paragraph (a)(i) for “radio multiplex service” there shall be

substituted “multiplex service”.

Enforcement of digital sound programme licences

  122     (1)      Section 62 of the 1996 Act (enforcement of digital sound programme

licences) shall be amended as follows.

5

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

substituted “OFCOM”.

          (3)      In subsection (10) for “apology” there shall be substituted “statement of

findings”.

Digital additional sound services

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  123      In section 64 of the 1996 Act (licensing of digital additional sound services),

for “the Authority”, wherever occurring, there shall be substituted

“OFCOM”.

Conditions of digital additional sound service

  124     (1)      Section 65 of the 1996 Act (conditions of licences for digital additional sound

15

services) shall be amended as follows.

          (2)      In subsection (2)—

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

“OFCOM”;

              (b)             in paragraphs (a) and (c), for “the holder of a radio multiplex

20

licence”, there shall be substituted, in each case, “the provider of a

radio multiplex service or of a general multiplex service”;

              (c)             in paragraph (a) for “by means of a radio multiplex service” there

shall be substituted “by means of the multiplex service”; and

              (d)             in paragraph (a)(i) for “radio multiplex service” there shall be

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substituted “multiplex service”.

Enforcement of digital additional sound services licences

  125     (1)      Section 66 of the 1996 Act (enforcement of digital additional services

licences) shall be amended as follows.

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

30

substituted “OFCOM”.

          (3)      In subsection (10) for “apology” there shall be substituted “statement of

findings”.

Review of digital radio broadcasting

  126      In section 67 of the 1996 Act (review of digital radio broadcasting), for “the

35

Authority”, wherever occurring, there shall be substituted “OFCOM”.

Interpretation

  127      In section 72(1) of the 1996 Act (interpretation), for the definition of “radio

 

 

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

    477

 

multiplex service” there shall be substituted—

                                      “‘radio multiplex service’ means a radio multiplex service

within the meaning of Part 3 of the Communications Act

2003;

                                      ‘the radio transfer date’ has the same meaning as in the

5

Communications Act 2003;”.

Listed events

  128     (1)      Section 98 of the 1996 Act (categories of service for the purposes of Part 4 of

that Act) shall be amended as follows.

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

10

substituted “licence for the purposes of section 356 of the Communications

Act 2003”.

          (3)      In subsection (5), for “The Commission” there shall be substituted

“OFCOM”.

          (4)      In subsection (6), for “transmission for general reception of television

15

programmes by satellite” there shall be substituted “broadcasting of

television programmes from a satellite so as to be available for reception by

members of the public (within the meaning of Part 3 of the Communications

Act 2003)”.

  129      In sections 101, 101B, 102 and 103 of the 1996 Act (restrictions on, and

20

penalties for, televising listed and designated events), for “The Commission”

and “the Commission”, wherever occurring, there shall be substituted

“OFCOM”.

  130     (1)      Section 104 of the 1996 Act (code of guidance) shall be amended as follows.

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

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“OFCOM”.

          (3)      In subsection (4)(d), the words “by the Commission” and “by them” shall be

omitted.

  131      In section 104A of the 1996 Act (provision of information about listed and

designated events), for “the Commission”, wherever occurring, there shall

30

be substituted “OFCOM”.

  132      In section 105(1) of the 1996 Act (interpretation of Part 4 etc.), the definition

of “the Commission” shall be omitted.

Broadcasting standards

  133     (1)      Part 5 of the 1996 Act (the Broadcasting Standards Commission) shall be

35

amended as follows.

          (2)      For “the BSC” and “The BSC”, wherever occurring in any of sections 107, 110,

111, 114, 115, 118 to 121 there shall be substituted “OFCOM”.

  134      In section 107(5)(b) of the 1996 Act (code relating to avoidance of unjust or

unfair treatment etc.), for “the service referred to in section 57(1A)(a) of the

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1990 Act” there shall be substituted “any public service of the Welsh

Authority (within the meaning of Part 2 of Schedule 12 to the

Communications Act 2003)”.

  135      In section 115 of the 1996 Act (consideration of fairness complaints)

 

 

 
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