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Communications Bill


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

    228

 

 255   Promotion of simulcast radio services

     (1)    Chapter 2 of Part 3 of the 1990 Act (sound broadcasting services) shall be

amended as follows.

     (2)    In section 98(1) (notices of proposals to grant national licences), after paragraph

(b)(ii) there shall be inserted—

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                        “(iia)                           the digital capacity that is likely, in their opinion, to be

available from the holders of national radio multiplex

licences for the broadcasting of a simulcast radio service

corresponding to the service;”.

     (3)    In section 98(3) (applications for national licences), after paragraph (a) there

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shall be inserted—

                  “(aa)                    the applicant’s proposals (if any) for providing a simulcast

radio service corresponding to the service;”.

     (4)    In section 98(7) (construction of section), after “this section” there shall be

inserted—

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                                  “‘national radio multiplex licence’ has the same meaning as in Part

2 of the Broadcasting Act 1996; and”.

     (5)    In section 100 (award of national licence to person submitting highest cash bid),

for subsection (2) there shall be substituted—

           “(1A)              If, in a case in which one or more of the applicants has made a proposal

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to provide a simulcast radio service corresponding to the service to be

licensed (a ‘simulcast applicant’), the highest cash bid is made by an

applicant who is not a simulcast applicant, OFCOM may—

                  (a)                 disregard the requirement imposed by subsection (1); and

                  (b)                 award the licence to the simulcast applicant whose cash bid is

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the highest of the bids submitted by simulcast applicants.

           (2)              Where—

                  (a)                 two or more applicants for a licence have submitted cash bids

specifying an identical amount and that amount is higher than

the amount of every other bid, or

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                  (b)                 two or more simulcast applicants have submitted cash bids

specifying an identical amount and that amount is higher than

the amount of every other bid submitted by a simulcast

applicant,

                         OFCOM must invite those applicants and (in a case falling within

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paragraph (b)) every applicant who has made a higher bid to submit

further cash bids in respect of that licence.

           (2A)              OFCOM may decide not to invite an applicant to submit a further cash

bid under subsection (2) if—

                  (a)                 the applicant is not a simulcast applicant and they propose to

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exercise their power under subsection (1A); or

                  (b)                 they propose to exercise their power under subsection (3).

           (2B)              Subsection (2A) is not to be construed as preventing OFCOM from

making a decision to exercise their power under subsection (1A) or (3)

after they have received further bids in response to invitations under

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subsection (2).

 

 

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

    229

 

           (2C)              In this Part references to a person’s cash bid, in relation to a person who

has submitted a further cash bid in pursuance of subsection (2), have

effect as references to his further bid.”

     (6)    After section 100 there shall be inserted—

       “100A Licence conditions relating to simulcast radio services

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Where OFCOM award a national licence to a person whose application

for that licence included proposals to provide a simulcast radio service,

that licence must include a condition requiring the licence holder—

                  (a)                 to provide, from a date specified in the licence, a simulcast radio

service corresponding to the licensed service; and

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                  (b)                 to do all that he can to secure the broadcasting of that service.”

Multiplexes broadcasting sound programmes

 256   Radio multiplex services

     (1)    Subject to the following provisions of this section, references in Part 2 of the

1996 Act to a radio multiplex service shall have effect as references to any

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service which—

           (a)           falls within subsection (2);

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

from a satellite; and

           (c)           is not a television multiplex service.

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     (2)    A service falls within this subsection if—

           (a)           it consists in the packaging together (with or without other services) of

two or more relevant sound services which are provided for inclusion

together in that 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 relevant sound

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 radio

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

under Part 2 of the 1996 Act is not to be an offence under section 97 of the 1990

Act.

     (4)    Accordingly, after the commencement of this section, a licence under Part 2 of

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

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

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

to be so contained.

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

licence, if it provides that the only radio multiplex services that are authorised

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to be broadcast using the station or apparatus to which the licence relates are

those that are licensed under Part 2 of the 1996 Act.

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

           (a)           a radio multiplex service is licensed under Part 2 of the 1996 Act; and

 

 

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

    230

 

           (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

within subsection (5).

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

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

person providing the radio multiplex service in question—

           (a)           ceases to be licensed under Part 2 of the 1996 Act in respect of that

service, or

           (b)           ceases to exist,

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            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.

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

           (a)           a digital sound programme service;

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           (b)           a simulcast radio service; and

           (c)           a digital additional sound service.

 257   Composition of services in radio multiplexes

     (1)    Section 54 of the 1996 Act (conditions attached to radio multiplex licences) shall

be amended as follows.

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     (2)    For paragraph (h) of subsection (1) (conditions as to composition of service)

there shall be substituted—

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

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the broadcasting of services falling within subsection (1A).”

     (3)    After that subsection there shall be inserted—

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

                  (a)                 digital sound programme services;

                  (b)                 simulcast radio services;

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                  (c)                 programme-related services; and

                  (d)                 relevant technical services.”

     (4)    In subsection (2) (meaning of services referred to in paragraph (h) of subsection

(1))—

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

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           (b)           in sub-paragraph (i), for the words from “(within” to “1990 Act” there

shall be substituted “(within the meaning of section 243 of the

Communications Act 2003)”.

     (5)    After that subsection there shall be inserted—

           “(2A)              In subsection (1)(h), the reference to the required percentage is a

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reference to such percentage equal to or more than 80 per cent. as

OFCOM—

                  (a)                 consider appropriate; and

                  (b)                 specify in the condition.”

 

 

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

    231

 

     (6)    In subsection (3) (power to vary percentage in subsection (1)(h))—

           (a)           for “subsection (1)” there shall be substituted “subsection (2A)”; and

           (b)           for “paragraph (h) of that subsection” there shall be substituted “that

subsection”.

 258   Digital sound services for inclusion in non-radio multiplexes

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     (1)    In section 60(1)(a) of the 1996 Act (national digital sound programme services

defined as services broadcast with a view to being broadcast by means of a

national radio multiplex service), after “national radio multiplex service” there

shall be inserted “, by means of  a television multiplex service or by means of a

general multiplex service”.

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     (2)    In section 63(1) of the 1996 Act (meaning of digital additional sound service),

for paragraph (a) 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 be

available for reception by members of the public;

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                  (aa)                    is so provided with a view to the broadcasting being by means

of a radio multiplex service or by means of a general multiplex

service; and”.

     (3)    After subsection (3) of section 63 of the 1996 Act there shall be inserted—

           “(3A)              In this section ‘available for reception by members of the public’ shall

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be construed in accordance with section 358 of the Communications

Act 2003.”

     (4)    In section 72(1) of the 1996 Act (interpretation of Part 2)—

           (a)           after the definitions of “digital sound programme service” and “digital

sound programme licence” there shall be inserted—

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                                  “‘general multiplex service’ has the same meaning as in Part 3 of

the Communications Act 2003;”

           (b)           after the definition of “technical service” there shall be inserted—

                                  “‘television multiplex service’ has the meaning given by section

239 of the Communications Act 2003.”

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 259   Renewal of radio multiplex licences

In section 58(2) of the 1996 Act (renewal for twelve years of radio multiplex

licences granted within six years of commencement)—

           (a)           for “which is granted within six years” there shall be substituted

“granted within ten years”; and

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           (b)           for the words from “for a period” onwards there shall be substituted—

                  “(a)                    in the case of a licence granted within six years of that

commencement, for a period of twelve years beginning with the

date on which it would otherwise expire; and

                  (b)                    in any other case, for a period of eight years beginning with that

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date.”

 

 

 
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