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Communications Bill


Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    463

 

to conditions which are so included by virtue of a provision of

Chapter 4 of Part 3 of that Act.”

          (5)      In subsection (4)(b), for “the Commission” there shall be substituted

“OFCOM”.

Maintenance of the national television archive

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  65      (1)      In section 185 of the 1990 Act (maintenance of the national television

archive)—

              (a)             for “The Commission” and “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

              (b)             in subsection (5), the definition of “the Commission” shall be

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omitted.

          (2)      This paragraph so far as it relates to subsection (1) of that section has effect

in relation only to financial years beginning after the television transfer date.

Modification of networking arrangements

  66      (1)      Section 193 of the 1990 Act (modification of networking arrangements in

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consequence of competition legislation) shall be amended as follows.

          (2)      In subsection (1), for the words from “the Office of Fair Trading” to “relevant

authority’)” there shall be substituted “the relevant authority”.

          (3)      After subsection (2) there shall be inserted—

              “(2A)                In subsection (1), ‘relevant authority’ means—

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                    (a)                   in relation to a relevant order falling within subsection (2)(a),

the Office of Fair Trading, the Competition Commission or

(as the case may be) the Secretary of State;

                    (b)                   in relation to a relevant order falling within subsection (2)(b),

the Office of Fair Trading, the Competition Commission, the

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Secretary of State or (as the case may be) OFCOM.”

          (4)      In subsection (4), for “section 39(1) above” there shall be substituted “section

287(4) of the Communications Act 2003”.

Search warrants

  67      (1)      Section 196 of the 1990 Act (grant of search warrant to person authorised by

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the Independent Television Commission or the Radio Authority) shall be

amended as follows.

          (2)      In subsection (1), for “the relevant authority” there shall be substituted

“OFCOM”.

          (3)      Subsection (2) (definition of “relevant authority”) shall be omitted.

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Notices

  68       In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a)

and (b) there shall be substituted “by OFCOM under section 21, 41, 42, 55,

103, 109, 110, 111 or 120”.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    464

 

Interpretation

  69      (1)      Section 202 of the 1990 Act (general interpretation) shall be amended as

follows.

          (2)      In subsection (1), after the definition of “modifications” there shall be

inserted—

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                                      “‘OFCOM’ means the Office of Communications;”.

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

              “(6A)                Subsections (2) and (3) of section 359 of the Communications Act

2003 (persons by whom services provided) are to apply for the

purposes of this Act as they apply for the purposes of Part 3 of that

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Act.”

Disqualified persons

  70      (1)      Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be

amended as follows.

          (2)      In paragraph 1(1) of Part 1, after the definition of “associate” there shall be

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inserted—

                       “‘Broadcasting Act licence’ means a licence under Part 1 or

3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;”.

          (3)                        In paragraph 1(6) of Part 1 (meaning of “more than a 20 per cent. interest”),

for “20 per cent.”, wherever occurring, there shall be substituted “5 per

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cent.”.

          (4)      In Part 2 (disqualified persons), for “a licence granted by the Commission or

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

Broadcasting Act licence”.

          (5)      In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within

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paragraphs (a) to (g)), for “(a)” there shall be substituted “(c)”.

          (6)      In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted

“under Part 3 of this Act or Part 2 of the Broadcasting Act 1996”.

          (7)      In paragraph 4(1) of Part 2, for “that body” there shall be substituted

“OFCOM”.

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          (8)      In paragraph 4(2) of Part 2—

              (a)             in paragraph (a), for “by the Commission, means a body” there shall

be substituted “under Part 1 of this Act or Part 1 of the Broadcasting

Act 1996, means a person”; and

              (b)             in paragraph (b), for “by the Authority, means a body” there shall be

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substituted “under Part 3 of this Act or Part 2 of the Broadcasting Act

1996, means a person”.

          (9)      In paragraph 5A of Part 2—

              (a)             in sub-paragraph (1)(a), the words “granted by the Commission”,

              (b)             sub-paragraph (1)(b) and the word “and” immediately preceding it,

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              (c)             in sub-paragraph (2), the words “granted by the Authority”,

                   shall be omitted.

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 1 — Amendments of the 1990 Act

    465

 

C4C

  71      (1)      Schedule 3 to the 1990 Act (provision about constitution and management of

C4C) shall be amended as follows.

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

“OFCOM”.

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          (3)      In paragraph 2(1) (persons disqualified from membership of the

Corporation), for paragraphs (b) to (d) there shall be substituted “or

                      (b)                        a member or employee of OFCOM.”

The Welsh Authority

  72      (1)      Schedule 6 to the 1990 Act (provision about constitution and management of

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the Welsh Authority) shall be amended as follows.

          (2)      In paragraph 2 (persons disqualified from membership of the Authority)—

              (a)             sub-paragraph (1) shall be omitted; and

              (b)             in sub-paragraph (2)(b), for “the Commission” there shall be

substituted “OFCOM”.

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          (3)      In paragraph 12(1A), for the words from “the general fund” onwards there

shall be substituted “the assets of the Authority that are not comprised in

that fund; and accordingly, the statement must deal with liabilities

separately according to whether they fall to be met from that fund or from

those assets.”

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Computation of qualifying revenue

  73      (1)      Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be

amended as follows.

          (2)      In Part 1, for “the Commission” and “The Commission”, wherever occurring,

there shall be substituted “OFCOM”.

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          (3)      In Part 2, for “the Authority” and “The Authority”, wherever occurring,

there shall be substituted “OFCOM”.

The Gaelic Television Committee

  74      (1)      Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended

as follows.

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          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      For “Committee”, wherever occurring, there shall be substituted “Service”.

          (4)      In paragraph 8(c), the words “and (where the expenses relate to the

Commission’s functions in connection with sound programmes) the Radio

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Authority” shall be omitted.

          (5)      In paragraph 11(4), the words “or the Radio Authority” and “or (as the case

may be) the Authority” shall be omitted.

 

 

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

    466

 

Part 2

Amendments of the 1996 Act

Multiplex services and digital programme services

  75      (1)      Section 1 of the 1996 Act (interpretation) shall be amended as follows.

          (2)      For subsection (1) there shall be substituted—

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              “(1)                In this Part ‘multiplex service’ means (except where the context

otherwise requires) a television multiplex service.”

          (3)      In subsection (4), for “for general reception” there shall be substituted “so as

to be available for reception by members of the public”.

          (4)      For subsection (4A) there shall be substituted—

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              “(4A)                In subsection (4), ‘available for reception by members of the public’

means available for reception by members of the public (within the

meaning of Part 3 of the Communications Act 2003) in the United

Kingdom or another EEA State, or in an area of the United Kingdom

or of such a State.”

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          (5)      For subsection (7) of that section there shall be substituted—

              “(7)                In this section ‘broadcast’ means broadcast otherwise than from a

satellite.”

Meaning of qualifying service

  76       In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for

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subsections (2) to (6) there shall be substituted—

              “(2)                In this Part ‘qualifying service’ means any of the following, so far as

they are provided with a view to their being broadcast in digital

form—

                    (a)                   a television broadcasting service included in Channel 3;

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                    (b)                   Channel 4;

                    (c)                   Channel 5;

                    (d)                   S4C Digital;

                    (e)                   a television programme service provided by the Welsh

Authority with the approval of the Secretary of State under

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section 203 of the Communications Act 2003;

                    (f)                   the digital public teletext service.”

Licences under Part 1

  77      (1)      Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended

as follows.

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          (2)      In subsection (1), for “the Independent Television Commission (in this Part

referred to as the ‘the Commission’)” there shall be substituted “OFCOM”.

          (3)      In subsections (3) to (7), for “The Commission” and “the Commission”,

wherever occurring, there shall be substituted “OFCOM”.

 

 

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

    467

 

          (4)      For subsection (8) there shall be substituted—

              “(8)                The holding by a person of a licence under this Part shall not relieve

him of—

                    (a)                   any liability in respect of a failure to hold a licence under

section 1 of the Wireless Telegraphy Act 1949; or

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                    (b)                   any obligation to comply with requirements imposed by or

under Chapter 1 of Part 2 of the Communications Act 2003

(electronic communications networks and electronic

communications services).”

              

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Licence conditions

  78      (1)      Section 4 of the 1996 Act (general licence conditions) shall be amended as

follows.

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

“OFCOM”.

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          (3)      In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this

Act” there shall be substituted “this Act, the 1990 Act or the

Communications Act 2003”.

          (4)      In subsection (3) (fixing fees), the words from “and the amount” onwards

shall be omitted.

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Restrictions on digital licence holding

  79      (1)      Section 5 of the 1996 Act (restrictions on holding licences) shall be amended

as follows.

          (2)      For “The Commission” and “the Commission”, 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)—

 

 

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

    468

 

              (a)             in paragraph (a), for “complained of” there shall be substituted

“constituting their grounds for revoking the licence”.

              (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”.

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          (5)      In subsection (7)—

              (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)

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there shall be substituted “a disqualification under Part 2 of Schedule 2 to the

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

14 to the Communications Act 2003,”.

Multiplex licences

  80      (1)      Section 7 of the 1996 Act (multiplex licences) shall be amended as follows.

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          (2)      For “the Commission” and “The Commission”, wherever occurring, there

shall be substituted “OFCOM”.

          (3)      In subsection (4)—

              (a)             after paragraph (c) there shall be inserted—

                           “(ca)                             the applicant’s proposals as to the number (if any) of

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digital sound programmes services which are to be

broadcast, as to the characteristics of each of those

services and as to the areas in which they would be

provided;”

              (b)             in paragraph (d) for “those services” there shall be substituted “the

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services mentioned in paragraphs (c) and (ca)”.

Award of multiplex licences

  81      (1)      Section 8 of the 1996 Act (award of multiplex licences) shall be amended as

follows.

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

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“OFCOM”.

          (3)      In subsection (2)(f), after “digital programme service” there shall be inserted

“, digital sound programme service”.

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

  82       In section 9 of the 1996 Act (grant of two or more multiplex licences to one

35

person), for “The Commission” and “the Commission”, wherever occurring,

there shall be substituted “OFCOM”.

Award of multiplex licences subject to conditions

  83      (1)      Section 10 of the 1996 Act (award of multiplex licences subject to conditions)

shall be amended as follows.

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          (2)      For “The Commission” and “the Commission”, wherever occurring, there

shall be substituted “OFCOM”.

 

 

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

    469

 

          (3)      In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted

“this Act, the 1990 Act or Part 3 of the Communications Act 2003”.

Failure to provide licensed service and revocation

  84       In section 11 of the 1996 Act (failure to provide licensed service and

revocation), for “the Commission”, wherever occurring, there shall be

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substituted “OFCOM”.

Conditions attached to multiplex licences

  85       In section 12 of the 1996 Act (conditions attached to multiplex licences), for

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

“OFCOM”.

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Additional payments in respect of multiplex licences

  86       In section 13 of the 1996 Act (additional payments in respect of multiplex

licences), for “the Commission”, wherever occurring, there shall be

substituted “OFCOM”.

Multiplex revenue

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  87      (1)      Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows.

          (2)      In subsection (1)—

              (a)             for “section 13(1)” there shall be substituted “this Part”;

              (b)             for “the holder of a multiplex licence” there shall be substituted “the

person who is the multiplex provider in relation to any television

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multiplex service or any general multiplex service”;

              (c)             in paragraph (a), for “the multiplex service to which the licence

relates” there shall be substituted “the relevant multiplex”;

              (d)             in paragraph (b) for “of any qualifying service by means of the

multiplex service” there shall be substituted “by means of the

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multiplex service of any service which is a qualifying service or

which (without being a qualifying service) is provided by the BBC”;

              (e)             in paragraphs (c) and (d), for “the holder of the multiplex licence”

and “the multiplex service”, in each place where they occur there

shall be substituted, respectively, “the multiplex provider” and “the

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relevant multiplex”.

          (3)      In subsections (2) to (8)—

              (a)             for the words “the holder of the multiplex licence” and “the licence

holder”, wherever occurring, there shall be substituted, in each case,

“the multiplex provider”; and

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              (b)             for “the Commission”, wherever occurring, there shall be substituted

“OFCOM”.

          (4)      In subsection (9)—

              (a)                             for “a multiplex licence”, in each place, there shall be substituted “a

television multiplex service or a general multiplex service”;

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              (b)             for “the multiplex service to which the licence relates”, in each place,

there shall be substituted “that multiplex service”;

              (c)             after the definition of “additional services provider” there shall be

 

 

 
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