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Session 2002 - 03
Internet Publications
Other Bills before Parliament

Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    244

 

     (4)    The third objective is that the arrangements entered into and kept in force for

the purpose of securing the second objective prohibit the imposition, for or in

connection with the provision of an appropriate network, of any charge that is

attributable (whether directly or indirectly) to the conferring of an entitlement

to receive the channel or other service in question in an intelligible form by

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means of that network.

     (5)    The three objectives apply only in relation to times when the channel or other

service in its digital form is included in the list of must-carry services in section

62.

     (6)    Conditions imposed under this section in relation to a channel or other service

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must, to such extent as OFCOM consider appropriate—

           (a)           require arrangements made or kept in force for the purpose of securing

the second objective to apply in the case of every service which is an

ancillary service by reference to the channel or other service in question

as they apply to the channel or other service itself; and

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           (b)           provide for the channel or other service to which the conditions apply

to be treated, in relation to particular appropriate networks, as

constituting such services comprised in or provided with that channel

or other service as may be determined by OFCOM.

     (7)    In this section—

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                    “appropriate network” means (subject to subsection (8)) an electronic

communications network by means of which public electronic

communications services are provided that are used by a significant

number of end-users as their principal means of receiving television

programmes;

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                    “intended audience”, in relation to a channel or other service, means—

                  (a)                 if the channel or other service is one provided only for a

particular area or locality of the United Kingdom, members of

the public in that area or locality;

                  (b)                 if the channel or other service is one provided for members of a

30

particular community, members of that community; and

                  (c)                 in any other case, members of the public in the United

Kingdom;

                    “licensed television service” means a service falling to be licensed under

Part 1 of the 1990 Act or Part 1 of the 1996 Act.

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     (8)    For the purposes of this section an electronic communications network is not

an appropriate network in relation to so much of a channel or other service as

is provided only for a particular area or locality of the United Kingdom unless

it is a network by means of which electronic communications services are

provided to persons in that area or locality

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     (9)    In subsection (7) “public electronic communications service” and “end-user”

each has the same meaning as in Part 2.

     (10)   An order under section 407 must not appoint a day for provisions of this

section to come into force that falls less than six months after the day on which

the order is made.

45

 271   Must-offer obligations in relation to satellite services

     (1)    The regulatory regime for—

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    245

 

           (a)           every licensed public service channel,

           (b)           the public teletext service, and

           (c)           every other licensed television service specified for the purposes of this

section in an order made by the Secretary of State,

            includes the conditions that OFCOM consider appropriate for securing the

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three objectives set out in this section (so far as they are not secured by

conditions imposed under section 270).

     (2)    The first objective is that the channel or other service, so far as it is provided in

digital form, is at all times offered as available (subject to the need to agree

terms) to be broadcast by means of every satellite television service that is

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available for reception by members of the public in the whole or a part of the

United Kingdom.

     (3)    The second objective is that the person providing the channel or other service

does his best to secure that arrangements are entered into, and kept in force,

that ensure—

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           (a)           that the channel or other service, so far as it is provided in digital form,

is broadcast by means of satellite television services that are broadcast

so as to be available for reception by members of the public in the

United Kingdom; and

           (b)           that the broadcasting, in accordance with those arrangements, of the

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channel or other service by means of those satellite television services

results in its being available for reception in an intelligible form and by

means of those services by as many members of its intended audience

as practicable.

     (4)    The third objective is that the arrangements entered into and kept in force for

25

the purpose of securing the second objective prohibit the imposition, for or in

connection with the provision of a satellite television service, of any charge that

is attributable (whether directly or indirectly) to the conferring of an

entitlement to receive the channel or other service in question in an intelligible

form by means of that service.

30

     (5)    The three objectives apply only in relation to a time when the channel or service

is included, in its digital form, in the list of services that are must-provide

services for the purposes of section 272.

     (6)    Conditions imposed under this section in relation to a channel or other service

must, to such extent as OFCOM consider appropriate—

35

           (a)           require arrangements made or kept in force for the purpose of securing

the second objective to apply in the case of every service which is an

ancillary service by reference to the channel or other service in question

as they apply to the channel or other service itself; and

           (b)           provide for the channel or other service to which the conditions apply

40

to be treated, in relation to particular satellite television services, as

constituting such services comprised in or provided with the channel

or other service as may be determined by OFCOM.

     (7)    In this section—

                    “intended audience”, in relation to a channel or other service, means—

45

                  (a)                 if the channel or other service is one provided only for a

particular area or locality of the United Kingdom, members of

the public in that area or locality;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    246

 

                  (b)                 if the channel or other service is one provided for members of a

particular community, members of that community; and

                  (c)                 in any other case, members of the public in the United

Kingdom;

                    “licensed television service” means a service falling to be licensed under

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Part 1 of the 1990 Act or Part 1 of the 1996 Act; and

                    “satellite television service” means a service which—

                  (a)                 consists in or involves the broadcasting of television

programme services from a satellite; and

                  (b)                 is used by a significant number of the persons by whom the

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broadcasts are received in an intelligible form as their principal

means of receiving television programmes.

     (8)    An order under section 407 must not appoint a day for provisions of this

section to come into force that falls less than six months after the day on which

the order is made.

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 272   Securing reception of must-provide services in certain areas

     (1)    The regulatory regime for—

           (a)           every licensed public service channel,

           (b)           the public teletext service, and

           (c)           every licensed television service added by order under section 273 to

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the list of must-provide services,

            includes the conditions that OFCOM consider appropriate for securing that

arrangements satisfying the requirements of this section are entered into and

maintained by all the persons who provide must-provide services.

     (2)    The conditions imposed on a person under this section may include the

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conditions that OFCOM consider appropriate for securing, in a case where—

           (a)           the persons providing must-provide services fail to enter into or

maintain arrangements satisfying the requirements of this section, and

           (b)           OFCOM make and impose arrangements of their own instead,

            that the person bound by the conditions is required to act in accordance with

30

arrangements imposed by OFCOM.

     (3)    The arrangements that are to be entered into, or may be imposed, are

arrangements that secure—

           (a)           that a facility for receiving each must-provide service is made available

to every member of the intended audience for that service who is

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unable, without the use of that facility, to receive it an intelligible form

and free of charge;

           (b)           that the facility is one under which every such member of the intended

audience for a must-provide service is entitled, free of charge, to receive

in an intelligible form so much of a service broadcast from a satellite as

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includes that must-provide service;

           (c)           that the cost of making that facility available is shared, in appropriate

proportions, by all the persons providing must-provide services;

           (d)           that procedures are established and maintained for dealing with

complaints from persons claiming to be entitled, in accordance with the

45

arrangements, to receive a service free of charge, and for resolving

disputes about the existence or extent of such an entitlement;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    247

 

           (e)           that the availability of those procedures is adequately publicised in

accordance with guidance given from time to time by OFCOM.

     (4)    Arrangements entered into by the providers of must-provide services for the

purposes of subsection (3), and any modifications of such arrangements made

by the parties to them, are to have effect only if approved by OFCOM.

5

     (5)    Before imposing any arrangements for the purposes of a condition under

subsection (2), OFCOM must consult all the persons who provide must-

provide services.

     (6)    For the purposes of this section the reception of a service is not free of charge—

           (a)           if reception of the service is made conditional on the acceptance of an

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entitlement to receive another service in relation to which a charge is

imposed (whether directly or indirectly);

           (b)           if a charge is made for or in connection with the provision of a service

which is an ancillary service in relation to the service in question;

           (c)           if any consideration is required from the persons to whom it is made

15

available for the provision of assistance for disabled people in respect

of programmes included in the service; or

           (d)           if any other consideration is required to be given, by the person entitled

to receive it, for or in connection with its provision or availability.

     (7)    A service is not prevented from being free of charge by a requirement to pay

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sums in accordance with regulations under section 362.

     (8)    The quality of reception that is required before someone is to be treated for the

purposes of any conditions imposed under this section as able to receive a

service in an intelligible form is to be determined by OFCOM.

     (9)    References in this section to a facility for receiving a must-provide service

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include references to—

           (a)           software to be used in giving effect to the entitlement to receive a must-

provide service in an intelligible form, and

           (b)           apparatus to be used in associating apparatus capable of being used for

receiving such a service, or for putting it into an intelligible form, with

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a person having such an entitlement,

            but do not otherwise include references to apparatus.

     (10)   In this section—

                    “intended audience”, in relation to a must-provide service, means—

                  (a)                 if the service is one provided only for a particular area or

35

locality of the United Kingdom, members of the public in that

area or locality;

                  (b)                 if the service is one provided for members of a particular

community, members of that community; and

                  (c)                 in any other case, members of the public in the United

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Kingdom;

                    “licensed television service” means a service falling to be licensed under

Part 1 of the 1990 Act or Part 1 of the 1996 Act;

                    “must-provide service” means a service for the time being included in the

list of must-provide services in section 273.

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     (11)   An order under section 407 must not appoint a day for provisions of this

section to come into force that falls less than six months after the day on which

the order is made.

 

 

 
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