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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

    214

 

 237   Action against licence holders who incite crime or disorder

     (1)    OFCOM must serve a notice under subsection (2) on the holder of a licence to

provide a television licensable content service if they are satisfied—

           (a)           that the holder of the licence has included in the service one or more

programmes containing material likely to encourage or to incite the

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commission of crime, or to lead to disorder;

           (b)           that, in doing so, he has contravened conditions contained by virtue of

Chapter 4 of this Part in the licence to provide that service; and

           (c)           that the contravention is such as to justify the revocation of the licence.

     (2)    A notice under this subsection must—

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           (a)           state that OFCOM are satisfied as mentioned in subsection (1);

           (b)           specify the respects in which, in their opinion, the licence holder has

contravened the condition mentioned in paragraph (b) of that

subsection;

           (c)           state that OFCOM may revoke the licence after the end of the period of

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twenty-one days beginning with the day on which the notice is served

on the licence holder; and

           (d)           inform the licence holder of his right to make representations to

OFCOM within that period about the matters appearing to OFCOM to

provide grounds for revoking the licence.

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     (3)    The effect of a notice under subsection (2) shall be to suspend the licence as

from the time when the notice is served on the licence holder until either—

           (a)           the revocation of the licence takes effect; or

           (b)           OFCOM decide not to revoke the licence.

     (4)    If, after considering any representations made to them by the licence holder

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within the period specified for the purposes of subsection (2)(c), OFCOM are

satisfied that it is necessary in the public interest to revoke the licence, they

shall serve a notice of revocation on the licence holder.

     (5)    The revocation of a licence by a notice under subsection (4) takes effect from

such time as may be specified in the notice.

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     (6)    A notice of revocation under subsection (4) must not specify a time for it to take

effect that falls before the end of the period of twenty-eight days beginning

with the day on which the notice is served on the licence holder.

 238   Abolition of separate licences for certain television services

     (1)    The authorisations that are to be capable of being granted on or after the

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television transfer date by or under a licence under Part 1 of the 1990 Act do

not include the authorisation of the provision, as such, of—

           (a)           any satellite television service (as defined, disregarding its repeal by

this Act, in section 43(1) of the 1990 Act); or

           (b)           any licensable programme service (as defined, disregarding its repeal

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by this Act, in section 46(1) of that Act).

     (2)    Subsection (1) does not affect OFCOM’s power, by means of a licence

authorising the provision of a service falling within section 209(1), to authorise

the provision of so much of any formerly regulated television service as is

comprised in the licensed service.

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Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

    215

 

     (3)    So much of any relevant existing licence as authorises the provision of a service

which consists in or includes a television licensable content service—

           (a)           shall have effect, on and after the television transfer date, as a licence

under Part 1 of the 1990 Act authorising the provision of the television

licensable content service comprised in the licensed service;

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           (b)           shall so have effect as a licence which, notwithstanding its terms and

conditions, is to continue in force until such time as it is surrendered or

is revoked in accordance with provisions of this Chapter or of the 1990

Act; and

           (c)           shall otherwise have effect as a licence on the same terms and

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conditions as those on which it had effect immediately before the

television transfer date.

     (4)    It shall be the duty of OFCOM to exercise their power under section 3 of the

1990 Act to make such variations of any licence having effect in accordance

with subsection (3) of this section as (after complying with subsection (4)(b) of

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that section) they consider appropriate for the purpose of performing their

duty under section 261 of this Act.

     (5)    In this section—

                    “formerly regulated television service” means a service mentioned in

subsection (1); and

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                    “relevant existing licence”, means any licence which—

                  (a)                 was granted by the Independent Television Commission under

Part 1 of the 1990 Act before the television transfer date; and

                  (b)                 is in force immediately before the television transfer date as a

licence authorising the provision of a formerly regulated

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service.

Television multiplex services

 239   Television multiplex services

     (1)    Subject to the following provisions of this section, references in Part 1 of the

1996 Act to a multiplex service, other than those comprised in express

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references to a general multiplex service, shall have effect as references to any

service (“a television multiplex service”) which—

           (a)           falls within subsection (2);

           (b)           is provided for broadcasting for general reception but otherwise than

from a satellite.

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     (2)    A service falls within this subsection if—

           (a)           it consists in the packaging together of two or more services which

include at least one relevant television service and are provided for

inclusion together in the service by a combination of the relevant

information in digital form; or

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           (b)           it is a service provided with a view to its being a service falling within

paragraph (a) but is one in the case of which only one service is for the

time being comprised in digital form in what is provided.

     (3)    The provision, at a time after the commencement of this section, of a television

multiplex service the provision of which is not authorised by or under a licence

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under Part 1 of the 1996 Act is not to be an offence under section 13 of the 1990

Act.

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

    216

 

     (4)    Accordingly, after the commencement of this section, a licence under Part 1 of

the 1996 Act shall be required for the provision of a television multiplex service

only in so far as it is required for the purposes of a limitation falling within

subsection (5) that is contained in a wireless telegraphy licence, or is deemed

to be so contained.

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     (5)    A limitation falls within this subsection, in relation to a wireless telegraphy

licence, if it provides that the only television multiplex services that are

authorised to be broadcast using the station or apparatus to which the licence

relates are those that are licensed under Part 1 of the 1996 Act.

     (6)    Where immediately before the coming into force of this section—

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           (a)           a television multiplex service is licensed under Part 1 of the 1996 Act;

and

           (b)           that service is one broadcast using a station or apparatus the use of

which is authorised by a wireless telegraphy licence,

            that wireless telegraphy licence shall be deemed to contain a limitation falling

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within subsection (5).

     (7)    In any case where a wireless telegraphy licence is deemed by virtue of

subsection (6) to contain a limitation falling within subsection (5) and the

person providing the television multiplex service in question—

           (a)           ceases to be licensed under Part 1 of the 1996 Act in respect of that

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service, or

           (b)           ceases to exist,

            OFCOM may revoke the wireless telegraphy licence.

     (8)    Subsection (7) is not to be construed as restricting the powers of revocation

exercisable apart from this section.

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     (9)    In subsection (2) “relevant television service” means any of the following—

           (a)           any Channel 3 service in digital form;

           (b)           Channel 4 in digital form;

           (c)           Channel 5 in digital form;

           (d)           S4C Digital;

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           (e)           any digital television programme service;

           (f)           the digital public teletext service.

 240   Composition of services in television multiplexes

     (1)    In subsection (1) of section 12 of the 1996 Act—

           (a)           in paragraph (c), (digital programmes services included in multiplex

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must be provided by a licence holder or EEA broadcaster), after

“section 18” there shall be inserted “, by the BBC”;

           (b)           in paragraph (d), (digital additional services included in multiplex

must be provided by a licence holder or EEA broadcaster), after

“section 25” there shall be inserted “, by the BBC”;

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           (c)           after that paragraph there shall be inserted—

                        “(da)                           that the only digital sound programme services

broadcast under the licence are services provided by the

holder of a national digital sound programme licence

(within the meaning of section 60) or by the BBC;”

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           (d)           in paragraph (e), after “digital programme services” there shall be

inserted “, digital sound programme services”;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

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           (e)           in paragraph (f), after “digital programme service” there shall be

inserted “, a digital sound programme service”; and

           (f)           for paragraph (h) (conditions as to composition of multiplex service),

there shall be substituted—

                        “(h)                           that, while the licence is in force, at least the required

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percentage of the digital capacity on the frequency or

frequencies on which the service is broadcast is used, or

left available to be used, for the broadcasting of services

falling within subsection (1A).”

     (2)    After that subsection there shall be inserted—

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           “(1A)              The services falling within this subsection are—

                  (a)                 qualifying services;

                  (b)                 digital programme services licensed under this Part or

provided by the BBC;

                  (c)                 digital sound programme services provided by the BBC;

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                  (d)                 programme-related services; and

                  (e)                 relevant technical services.”

     (3)    In subsection (3) of that section—

           (a)           after the words “digital programme services”, in the first place where

they occur, there shall be inserted “or digital sound programme

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services”; and

           (b)           for “digital programme services broadcast under the licence” there

shall be substituted “so much of what is broadcast under the licence as

consists of digital programme services, or of such services together

with digital sound programme services,”.

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     (4)    In subsection (4) of that section (interpretation of subsection (1)(h))—

           (a)           for “(1)(h)” there shall be substituted “(1A)”;

           (b)           in paragraph (a), for “the qualifying teletext service” there shall be

substituted “the digital public teletext service”;

           (c)           in paragraph (b)(i), after “the 1990 Act)” there shall be inserted “, or in

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one or more digital sound programme services provided by the BBC,”

           (d)           in paragraph (c), for “digital programme services” there shall be

substituted “services falling within subsection (1A) which are

comprised in the multiplex in question”.

     (5)    After that subsection there shall be inserted—

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           “(4A)              In subsection (1)(h), the reference to the required percentage is a

reference to such percentage equal to or more than 90 per cent. as

OFCOM—

                  (a)                 consider appropriate; and

                  (b)                 specify in the condition.”

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     (6)    In subsection (5) of that section (power to change percentage in subsection

(1)(h)), for “(1)(h)” there shall be substituted “(4A)”.

 241   Powers where frequencies reserved for qualifying services

     (1)    The Secretary of State may by order provide, in relation to the matters

mentioned in subsection (2)—

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Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

    218

 

           (a)           for any or all of the provisions of sections 7 to 16 and of sections 18 and

19 of the 1996 Act to have effect with the modifications specified in the

order; and

           (b)           for provision made by the order to have effect in place of any or all of

those provisions.

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     (2)    Those matters are—

           (a)           licences under Part 1 of the 1996 Act, and

           (b)           the awarding and grant of such licences,

            in a case in which the licence is, or is to be, a licence to provide a service for

broadcasting on any one or more reserved frequencies.

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     (3)    An order under this section may require OFCOM to include conditions falling

within subsection (4) in any Broadcasting Act licence to provide a television

multiplex service to be broadcast on a reserved frequency.

     (4)    Conditions falling within this subsection are conditions that OFCOM consider

appropriate for securing that, in consideration for the making by any relevant

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public service broadcaster of such payments as are from time to time—

           (a)           agreed between the broadcaster and the holder of the licence to provide

the television multiplex service, or

           (b)           in default of agreement, determined by OFCOM in accordance with the

order,

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            the holder of that licence will use digital capacity reserved in accordance with

conditions imposed under section 12 of the 1996 Act or any order under this

section for the broadcasting of services provided by that broadcaster.

     (5)    Subsection (3) is not to be construed as restricting the provision that may be

made under subsection (1).

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     (6)    A frequency is a reserved frequency for the purposes of this section if it is one

as respects which OFCOM have made a determination, in exercise of their

functions under the enactments relating to the management of the radio

spectrum, that the frequency should be reserved for the broadcasting of

television multiplex services.

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     (7)    In this section “relevant public service broadcaster” means any of the

following—

           (a)           the holder of a licence to provide a Channel 3 service;

           (b)           C4C;

           (c)           the holder of a licence to provide Channel 5;

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           (d)           the Welsh Authority;

           (e)           the public teletext provider.

Local digital television services

 242   Local digital television services

     (1)    The Secretary of State may by order provide for—

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           (a)           any of the provisions of this Part (apart from this section and the

provisions relating exclusively to sound services), or

           (b)           any provision of Part 1 of the 1990 Act or of Part 1 of the 1996 Act

(regulation of television services),

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 2 — Regulatory Structure for Independent Television Services

    219

 

            to have effect, in relation to services of such descriptions as may be set out in

an order under this section, with such modifications as he considers necessary

or appropriate for services of that description.

     (2)    The Secretary of State is not to make an order under this section in relation to

a description of services except where—

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           (a)           the description is of services to be provided in digital form with a view

to their being included in a television multiplex service;

           (b)           the description is confined to services falling within one or both of

subsections (3) and (4); and

           (c)           the Secretary of State is satisfied that the making of an order under this

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section in relation to that description of services will make possible,

facilitate or encourage the provision of services so falling.

     (3)    Services fall within this subsection if they are—

           (a)           intended for reception only at a particular establishment or otherwise

on particular premises; or

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           (b)           provided for the purposes only of a particular event.

     (4)    Services fall within this subsection if the Secretary of State considers that they

are services in relation to which all the following conditions are satisfied—

           (a)           they are intended for reception only within a particular area or locality;

           (b)           their provision meets, or would meet, the needs of the area or locality

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where they are received;

           (c)           their provision is or would be likely to broaden the range of television

programmes available for viewing by persons living or working in that

area or locality; and

           (d)           their provision is or would be likely to increase the number and range

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of the programmes about that area or locality that are available for such

viewing, or to increase the number of programmes made in that area or

locality that would be so available.

     (5)    Services shall be taken for the purposes of subsection (4) to meet the needs of

an area or locality if, and only if—

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           (a)           their provision brings social or economic benefits to the area or locality,

or to different categories of persons living or working in that area or

locality; or

           (b)           they cater for the tastes, interests and needs of some or all of the

different descriptions of people living or working in the area or locality

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(including, in particular, tastes, interests and needs that are of special

relevance in the light of the descriptions of people who do so live and

work).

     (6)    In subsections (4) and (5), the references to persons living or working in an area

or locality include references to persons undergoing education or training in

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that area or locality.

     (7)    An order under this section in relation to a description of services may, in

particular, impose prohibitions or limitations on the inclusion of

advertisements in services of that description and on the sponsorship of

programmes included in the services.

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     (8)    The power, by an order under this section, to make incidental, supplemental or

consequential provision in connection with provision authorised by subsection

(1) includes power to make incidental, supplemental or consequential

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 3 — Regulatory Structure for Independent Radio Services

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provision modifying provisions of the 1990 Act, the 1996 Act or this Act that

are not mentioned in that subsection.

     (9)    No order is to be made containing provision authorised by this section unless

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

resolution of each House.

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Chapter 3

Regulatory Structure for Independent Radio Services

Preliminary

 243   Regulation of independent radio services

     (1)    It shall be a function of OFCOM to regulate the following services in

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accordance with this Act, the 1990 Act and the 1996 Act—

           (a)           services specified in subsection (2) that are provided from places in the

United Kingdom and otherwise than by the BBC;

           (b)           services so specified that do not fall within paragraph (a) but are

provided by a person, other than the BBC, whose principal place of

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business is in the United Kingdom.

     (2)    The services referred to in subsection (1)(a) are—

           (a)           sound broadcasting services to which subsection (3) applies;

           (b)           radio licensable content services;

           (c)           additional radio services;

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           (d)           radio multiplex services;

           (e)           digital sound programme services;

           (f)           digital additional sound services.

     (3)    This subsection applies to a sound broadcasting service which—

           (a)           is provided with a view to its being broadcast otherwise than only from

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a satellite; and

           (b)           is a national service, local service or restricted service.

     (4)    For the purposes of this section—

           (a)           a service is a national service if it is a sound broadcasting service

provided as mentioned in subsection (3)(a) with a view to its being

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broadcast for reception in any such minimum area of the United

Kingdom as may be determined in accordance with section 98(2) of the

1990 Act;

           (b)           a service is a local service if it is a sound broadcasting service which

(without being a national service) is provided as mentioned in

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subsection (3)(a) with a view to its being broadcast for reception in a

particular area or locality in the United Kingdom; and

           (c)           a service is a restricted service if it is a sound broadcasting service

provided as mentioned in subsection (3)(a) with a view to its being

broadcast for reception—

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                  (i)                 within a particular establishment in the United Kingdom or at

another defined location in the United Kingdom; or

                  (ii)                for the purposes of a particular event taking place within the

United Kingdom.

 

 

 
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