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Communications Bill


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

    262

 

           (a)           determine the date by which the holders of the licences awarded and all

other regional Channel 3 providers (if any) must have entered into

networking arrangements (the “networking date”); and

           (b)           set out that date in that notice.

     (3)    The networking date must be the date by which, in OFCOM’s opinion, the

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networking arrangements must have been entered into if approved

networking arrangements are to be fully in force before the persons awarded

licences begin to provide their licensed services.

     (4)    If—

           (a)           no suitable networking arrangements exist by the networking date, or

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           (b)           the suitable networking arrangements that exist at that date cease to

apply to all regional Channel 3 providers on or after that date,

            OFCOM may impose on all regional Channel 3 providers the networking

arrangements that OFCOM consider appropriate.

     (5)    For the purposes of subsection (4) arrangements are suitable networking

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arrangements if it appears to OFCOM that they—

           (a)           have been submitted to them for approval or have been approved by

them; and

           (b)           will be in force as approved networking arrangements when the

persons awarded licences begin to provide their licensed services.

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     (6)    Arrangements imposed under this section come into force on the date

determined by OFCOM.

     (7)    The regulatory regime for every regional Channel 3 service includes the

conditions that OFCOM consider appropriate for securing that the licence

holder complies with the provisions of any networking arrangements imposed

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under this section.

     (8)    Where—

           (a)           networking arrangements are imposed under this section,

           (b)           other networking arrangements are entered into between the licence

holders bound by the imposed arrangements, and

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           (c)           the other arrangements entered into are approved by OFCOM,

            the imposed arrangements shall cease to have effect on the coming into force

of the other arrangements as approved networking arrangements.

     (9)    In this section—

                    “approved networking arrangements” has the same meaning as in section

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288; and

                    “regional Channel 3 providers” means persons who will be licensed to

provide regional Channel 3 services and will be providing such

services when the licences to be awarded come into force.

 290   Review of approved networking arrangements etc.

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     (1)    It shall be the duty of OFCOM from time to time to carry out general reviews

of the networking arrangements (whether approved or imposed by OFCOM)

that are in force.

     (2)    The first such review must be carried out no later than six months after the date

on which the offers made under section 213(1) close or (if those offers close on

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different dates) the latest of those dates.

 

 

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

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     (3)    Every subsequent review must be carried out no more than one year after the

previous one.

     (4)    OFCOM may also, at any other time, carry out a review of whether those

arrangements continue to satisfy one of the two competition tests set out in

paragraph 6 of Schedule 11.

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     (5)    If, on a review under this section, OFCOM are satisfied that modifications are

required of the networking arrangements for the time being in force, they

may—

           (a)           require the holders of regional Channel 3 licences to give effect to the

modifications proposed by OFCOM; or

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           (b)           in the case of arrangements imposed by OFCOM, make those

modifications themselves.

     (6)    OFCOM must not exercise any of their powers under this Act or the 1990 Act

so as to modify the requirements imposed on the holder of a regional Channel

3 licence by approved networking arrangements that are already in force

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except—

           (a)           following a review under this section; or

           (b)           with the consent of the licence holder.

     (7)    The regulatory regime for every Channel 3 service includes the conditions that

OFCOM consider appropriate for securing that the licence holder does all that

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he can to ensure that modifications proposed by OFCOM under this section are

given effect to.

     (8)    In this section “approved networking arrangements” has the same meaning as

in section 288.

 291   Supplemental provision about networking arrangements

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     (1)    Schedule 11 (which makes provision about the approval of networking

arrangements and the imposition or modification of such arrangements) shall

have effect.

     (2)    The obligations arising under conditions imposed in accordance with sections

288 to 290 are subject to the rights of appeal conferred by that Schedule.

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Special obligations for Channel 4

 292   Involvement of C4 Corporation in programme-making

     (1)    The regulatory regime for Channel 4 includes a condition requiring C4C not to

be involved, except to such extent as OFCOM may allow, in the making of

programmes to be broadcast on Channel 4.

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     (2)    In this section “programme” does not include an advertisement.

 293   Schools programmes on Channel 4

     (1)    The regulatory regime for Channel 4 includes the conditions that OFCOM

consider appropriate for securing that what appears to them to be a suitable

proportion of the programmes which are included in Channel 4 are schools

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programmes.

 

 

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

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     (2)    A licence under the 1990 Act to provide Channel 4 may also include conditions

authorised by the following provisions of this section.

     (3)    The conditions authorised by this section include conditions requiring C4C—

           (a)           to finance the production of schools programmes; and

           (b)           to acquire schools programmes provided by other persons.

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     (4)    The conditions authorised by this section include conditions requiring C4C to

ensure that schools programmes on Channel 4—

           (a)           are of high quality; and

           (b)           are suitable to meet the needs of schools throughout the United

Kingdom.

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     (5)    The conditions authorised by this section include conditions specifying the

minimum number of hours in term time, or within normal school hours, that

are to be allocated to the broadcasting of schools programmes on Channel 4.

     (6)    The conditions authorised by this section include conditions requiring C4C to

provide such material for use in connection with the schools programmes

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broadcast by them as may be necessary to secure that effective use is made of

those programmes in schools.

     (7)    The conditions authorised by this section include conditions requiring C4C

from time to time to consult such persons who—

           (a)           are concerned with schools or with the production of schools

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programmes, or

           (b)           have an interest in schools or in the production of schools programmes,

            as OFCOM think fit.

     (8)    Before imposing a condition under this section, OFCOM must consult C4C.

     (9)    The requirement to consult is satisfied, in the case of the imposition of a

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condition by way of a variation of a licence, by compliance with section 3(4)(b)

of the 1990 Act (obligation to give opportunity to make representations about

variation).

     (10)   In determining for the purposes of subsection (1) what proportion of the

programmes included in Channel 4 should be schools programmes, OFCOM

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must take into account services, facilities and materials which C4C provide to

schools, or make available for schools, otherwise than by the inclusion of

programmes in Channel 4.

     (11)   Section 34 of the 1990 Act (requirement as to schools programmes in relation to

all licensed public service channels taken together) shall cease to have effect.

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     (12)   In this section “schools programmes” means programmes which are intended

for use in schools.

 294   Channel 4 contribution towards national television archive

     (1)    Section 185 of the 1990 Act (contributions towards maintenance of the national

television archive) shall be amended as follows.

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     (2)    In subsections (1) and (3), after “Channel 3” there shall be inserted “, Channel

4”.

     (3)    In subsection (5), at the end there shall be inserted—

                                  “‘Channel 4 licence’ means—

 

 

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

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                        (a)                        the licence referred to in section 229(1)(b) of the

Communications Act 2003; and

                        (b)                        a licence renewing that licence on the first or any

subsequent occasion.”

     (4)    This section has effect in relation only to financial years beginning after the

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television transfer date.

Special obligation for the public teletext provider

 295   Conditions prohibiting interference with other services

The regulatory regime for the public teletext service includes the conditions

that OFCOM consider appropriate for securing that the provision of so much

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of the public teletext service as is provided in analogue form does not cause

interference with—

           (a)           the television broadcasting service or services on whose frequency or

frequencies it is provided; or

           (b)           any other wireless telegraphy transmissions.

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Sporting and other events of national interest

 296   Categorisation of listed events

     (1)    For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there

shall be substituted—

           “(1)              The Secretary of State may, for the purposes of this Part, maintain a list

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of sporting and other events of national interest, and an event for the

time being included in the list is referred to in this Part as a ‘listed

event’.

           (1A)              A list maintained under subsection (1) must be divided into two

categories, and those categories are referred to in this Part as ‘Group A’

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and ‘Group B’.

           (1B)              Each listed event must be allocated either to Group A or to Group B.

           (2)              Before drawing up such a list, or revising or ceasing to maintain it, the

Secretary of State must consult—

                  (a)                 OFCOM,

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                  (b)                 the BBC,

                  (c)                 the Welsh Authority, and

                  (d)                 in relation to a relevant event, the person from whom the rights

to televise that event may be acquired.

           (2A)              For the purposes of subsection (2)(d), a relevant event is an event which

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the Secretary of State proposes—

                  (a)                 to include in a list maintained under subsection (1),

                  (b)                 to omit from such a list, or

                  (c)                 to move from one category in such a list to the other.”

     (2)    In subsection (3)(b) of that section, the words “by the Commission” and “by

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them” shall be omitted.

 

 

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

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     (3)    In subsection (5) of that section—

           (a)           for the words “addition of any relevant event to” there shall be

substituted “inclusion of any event in”; and

           (b)           in paragraph (a), for “addition” there shall be substituted “inclusion”.

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

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           “(5A)              The allocation or transfer of an event to group A does not affect the

validity of a contract entered into before the day on which the Secretary

of State consulted the persons mentioned in subsection (2) in relation to

the proposed allocation or transfer.

           (5B)              The Secretary of State may direct that, for the transitional purposes set

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out in the direction, the transfer of a Group B event to Group A is not

to affect the application to that event of provisions of this Part relating

to a Group B event.”

 297   Effects of categorisation of listed events

     (1)    In section 99(1) of the 1996 Act (avoidance of contracts for exclusive rights to

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televise listed events), for “listed event” there shall be substituted “Group A

listed event”.

     (2)    In section 101 of that Act (restriction on televising of listed events), for

subsection (1) there shall be substituted—

           “(1)              A television programme provider who—

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                  (a)                 is providing a service (‘the first service’) falling within either

category, and

                  (b)                 is providing it with a view to its being available (within the

meaning of Part 3 of the Communications Act 2003) for

reception by members of the public in the United Kingdom, or

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in any area of the United Kingdom,

                         must not include live coverage of a listed event in that service unless it

is authorised by subsection (1A), (1B) or (1C).

           (1A)              Live coverage of a listed event is authorised by this subsection if—

                  (a)                 a television programme provider (other than the provider of the

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first service) has acquired the right to include live coverage of

the event in his service (‘the second service’); and

                  (b)                 the second service—

                        (i)                        falls into a different category from the first service, and

                        (ii)                       is provided for an area that consists of or includes all or

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almost all of the area for which the first service is

provided.

           (1B)              Live coverage of a listed event is authorised by this subsection if

OFCOM have consented in advance to inclusion of that coverage in the

first service.

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           (1C)              Live coverage of a listed event is authorised by this subsection if—

                  (a)                 the listed event is a Group B event,

                  (b)                 rights to provide coverage of the event have been acquired by

one or more persons in addition to the provider of the first

service,

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

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                  (c)                 that additional coverage constitutes adequate alternative

coverage of the event, and

                  (d)                 the person or persons who have acquired rights to provide the

additional coverage satisfy the requirements in relation to that

coverage of any regulations made under section 104ZA for the

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purposes of this paragraph.

           (1D)              Subsections (1) to (1C) apply to the coverage of a part of a listed event

as they apply to the coverage of the whole of that event.”

     (3)    In subsection (2) of that section, for “under subsection (1)” there shall be

substituted “for the purposes of subsection (1B).”

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     (4)    After subsection (4) of that section there shall be inserted—

           “(5)              References in this section to a category of service are references to a

category of service set out in section 98(1).”

     (5)    In section 102(2) of that Act (penalties), for “under subsection (1) of section 101”

there shall be substituted “for the purposes of section 101(1B)”.

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     (6)    In section 103(2) of that Act (reports to the Secretary of State), for “under

subsection (1) of section 101” there shall be substituted “for the purposes of

section 101(1B)”.

 298   Code relating to listed events

     (1)    For subsection (1) of section 104 of the 1996 Act (code in relation to listed

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events) there shall be substituted—

           “(1)              OFCOM shall draw up, and may from time to time revise, a code giving

guidance—

                  (a)                 as to the matters which they will take into account in

determining whether to give or to revoke their consent for the

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purposes of section 101(1B) or section 101B(1); and

                  (b)                 as to the matters which they will take into account in

determining for the purposes of section 102(1) or 103(1),

whether in all the circumstances it is unreasonable to expect a

television programme provider to comply with section 101(1) or

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section 101B(1).”

     (2)    Where OFCOM are required to draw up a code by virtue of this section—

           (a)           they shall do so as soon as practicable after the commencement of this

section; but

           (b)           the code shall have no effect in relation to any time before the

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commencement of section 297 of this Act.

 299   Regulations about coverage of listed events

     (1)    After section 104 of the 1996 Act there shall be inserted—

       “104ZA                         Regulations about coverage of listed events

           (1)           OFCOM may make regulations for determining for the purposes of this

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Part—

 

 

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

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                  (a)                 the circumstances in which the televising of listed events

generally, or of a particular listed event, is or is not to be treated

as live;

                  (b)                 what (whether generally or in relation to particular

circumstances) is to be taken to represent the provision of

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adequate alternative coverage; and

                  (c)                 the requirements that must be satisfied for the purposes of

section 101(1C)(d) by persons who have acquired rights to

provide adequate alternative coverage.

           (2)           The power conferred by subsection (1)(a) does not include power to

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define ‘live’ for the purposes of section 101B.

           (3)           Section 400 of the Communications Act 2003 (procedure for regulations

and orders made by OFCOM) applies to the power of OFCOM to make

regulations under this section.”

     (2)    In section 105(1) (interpretation of Part 4), before the definition of “Channel 4”

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there shall be inserted—

                                  “‘adequate alternative coverage’ and ‘live’ are to be construed in

accordance with any regulations under section 104ZA;”.

Television services for the deaf and visually impaired

 300   Code relating to provision for the deaf and visually impaired

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     (1)    It shall be the duty of OFCOM to draw up, and from time to time to review and

revise, a code giving guidance as to—

           (a)           the extent to which the services to which this section applies should

promote the understanding and enjoyment by—

                  (i)                 persons who are deaf or hard of hearing, and

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                  (ii)                persons who are blind or partially-sighted,

                         of the programmes to be included in such services; and

           (b)           the means by which such understanding and enjoyment should be

promoted.

     (2)    The code must include provision for securing that every provider of a service

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to which this section applies ensures that adequate information about the

assistance for disabled people that is provided in relation to that service is

made available to those who are likely to want to make use of it.

     (3)           The code must also require that, from the fifth and tenth anniversaries of the

relevant date, the obligations in subsections (4) and (5), respectively, must be

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fulfilled by reference to averages computed over each of the following—

           (a)           the twelve month period beginning with the anniversary in question;

and

           (b)           every twelve month period ending one week after the end of the

previous period for which an average fell to be computed.

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     (4)    The obligation to be fulfilled from the fifth anniversary of the relevant date is

that at least 60 per cent. of so much of every service which—

           (a)           is a service to which this section applies, and

           (b)           has a relevant date after the passing of this Act,

 

 

 
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