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(5) The services that are to be treated for the purposes of this section as provided | |
from places in the United Kingdom include every radio licensable content | |
service which would not fall to be so treated apart from this subsection but | |
which— | |
(a) is provided with a view to its being broadcast from a satellite; | 5 |
(b) is a service the broadcasting of which involves its transmission to the | |
satellite by means of an electronic communications network from a | |
place in the United Kingdom; and | |
(c) is not a service the provision of which is licensed or otherwise | |
authorised under the laws of another EEA State. | 10 |
(6) The services that are to be treated as so provided also include every service | |
provided by a BBC company, a C4 company or an S4C company. | |
(7) A reference in subsection (4)(b) to an area of the United Kingdom does not | |
include an area which comprises or includes the whole of England. | |
243 Abolition of function of assigning radio frequencies | 15 |
The Secretary of State shall cease to have any function under the 1990 Act or | |
the 1996 Act of assigning frequencies— | |
(a) for any of the purposes of Part 3 of the 1990 Act (regulation of radio | |
services); or | |
(b) for the purposes of the provision of any radio multiplex services. | 20 |
Radio licensable content services | |
244 Meaning of “radio licensable content services” | |
(1) In this Part “radio licensable content service” means (subject to section 245) any | |
service falling within subsection (2) in so far as it is provided with a view to its | |
availability for reception by members of the public being secured by one or | 25 |
both of the following means— | |
(a) the broadcasting of the service (whether by the person providing it or | |
by another) from a satellite; or | |
(b) the distribution of the service (whether by that person or by another) by | |
any means involving the use of an electronic communications network. | 30 |
(2) A service falls within this subsection if it— | |
(a) consists of sound programmes; and | |
(b) is provided (whether in digital or in analogue form) as a service that is | |
to be made available for reception by members of the public. | |
245 Services that are not radio licensable content services | 35 |
(1) A service is not a radio licensable content service to the extent that— | |
(a) it is provided with a view to its being broadcast by means of a multiplex | |
service; or | |
(b) it is a sound broadcasting service to which subsection (3) of section 242 | |
applies. | 40 |
(2) A service is not a radio licensable content service to the extent that it is | |
provided by means of an electronic communications service if— | |
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(a) it forms part only of a service provided by means of that electronic | |
communications service or is one of a number of services access to | |
which is made available by means of a service so provided; and | |
(b) the service of which it forms part, or by which it may be accessed, is | |
provided for purposes that do not consist wholly or mainly in making | 5 |
available services of radio programmes or television programmes (or | |
both) for reception by members of the public. | |
(3) A service is not a radio licensable content service if it is a two-way service. | |
(4) A service is a two-way service for the purposes of subsection (3) if it is provided | |
by means of an electronic communications network and an essential feature of | 10 |
the service is that the purposes for which it is provided involve the use of that | |
network, or a part of it, both— | |
(a) for the transmission of sounds by the person providing the service to | |
users of the service; and | |
(b) for the transmission of sounds by those users for reception by the | 15 |
person providing the service or by other users of the service. | |
(5) A service is not a radio licensable content service if— | |
(a) it is distributed by means of an electronic communications network | |
only to persons all of whom are on a single set of premises; and | |
(b) that network is wholly within those premises and is not connected to | 20 |
an electronic communications network any part of which is outside | |
those premises. | |
(6) For the purposes of subsection (5)— | |
(a) a set of premises is a single set of premises if, and only if, the same | |
person is the occupier of all the premises; and | 25 |
(b) two or more vehicles are capable of constituting a single set of premises | |
if, and only if, they are coupled together. | |
(7) A service is not a radio licensable content service if it is provided for the | |
purpose only of being received by persons who have qualified as users of the | |
service by reason of being— | 30 |
(a) persons who have a business interest in the programmes included in | |
the service; or | |
(b) persons who are to receive the programmes for the purpose only of | |
allowing them to be listened to by persons falling within sub- | |
paragraph (a) or by persons all of whom are on the business premises | 35 |
of the person receiving them. | |
(8) For the purposes of subsection (7) a person has a business interest in | |
programmes if he has an interest in receiving or listening to them— | |
(a) for the purposes of a business carried on by him; or | |
(b) for the purposes of his employment. | 40 |
(9) In this section— | |
“business premises”, in relation to a person, means premises at or from | |
which any business of that person is carried on; | |
“multiplex service” means a television multiplex service, a radio | |
multiplex service or a general multiplex service; | 45 |
“premises” includes a vehicle; | |
“vehicle” includes a vessel, aircraft or hovercraft. | |
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(10) References in this section, in relation to a person, to a business include | |
references to— | |
(a) any business or other activities carried on by a body of which he is a | |
member and the affairs of which are managed by its members; and | |
(b) the carrying out of any functions conferred on that person, or on any | 5 |
such body, by or under any enactment. | |
246 Modification of ss. 244 and 245 | |
(1) The Secretary of State may by order modify any of the provisions of section 244 | |
or 245 if it appears to him appropriate to do so having regard to any one or | |
more of the following— | 10 |
(a) the protection which is expected by members of the public as respects | |
the contents of sound programmes; | |
(b) the practicability of applying different levels of regulation in relation to | |
different services; | |
(c) the financial impact for providers of particular services of any | 15 |
modification of the provisions of that section; and | |
(d) technological developments that have occurred or are likely to occur. | |
(2) The Secretary of State may also by order provide, in cases where it otherwise | |
appears to him appropriate to do so, that a description of service specified in | |
the order is not to be treated as a radio licensable content service for the | 20 |
purposes of the provisions of this Act that are so specified. | |
(3) 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. | |
247 Licensing of radio licensable content services | 25 |
(1) The licence that is required for the purposes of section 97 of the 1990 Act in | |
respect of a radio licensable content service is a licence granted under Part 3 of | |
that Act on an application complying with this section. | |
(2) An application for a licence under Part 3 of the 1990 Act to provide a radio | |
licensable content service— | 30 |
(a) must be made in such manner, | |
(b) must contain such information about the applicant, his business and | |
the service he proposes to provide, and | |
(c) must be accompanied by such fee (if any), | |
as OFCOM may determine. | 35 |
(3) Sections 109 to 111A of the 1990 Act (enforcement of licences) apply in relation | |
to licences for radio licensable content services as they apply in relation to | |
licences under Chapter 2 of Part 3 of the 1990 Act but with— | |
(a) the substitution of the word “or” for paragraph (b) of subsection (1) of | |
section 110 (power to shorten licence period); and | 40 |
(b) the omission of “(b)” in subsection (4) of that section and of subsection | |
(5) of that section (which refer to the power disapplied by paragraph (a) | |
of this subsection). | |
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248 Abolition of separate licences for certain sound services | |
(1) The authorisations that are to be capable of being granted on or after the radio | |
transfer date by or under a licence under Part 3 of the 1990 Act do not include | |
the authorisation of the provision, as such, of— | |
(a) any satellite service (as defined, disregarding its repeal by this Act, in | 5 |
section 84(2)(b) of the 1990 Act); or | |
(b) any licensable sound programme service (as defined, disregarding its | |
repeal by this Act, in section 112(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 242(1), to authorise | 10 |
the provision of so much of any formerly regulated radio service as is | |
comprised in the licensed service. | |
(3) So much of any relevant existing licence as authorises the provision of a service | |
which consists in or includes a radio licensable content service— | |
(a) shall have effect, on and after the radio transfer date, as a licence under | 15 |
Part 3 of the 1990 Act authorising the provision of the radio licensable | |
content service comprised in the licensed service; | |
(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 the 1990 Act; and | 20 |
(c) shall otherwise have effect as a licence on the same terms and | |
conditions as those on which it had effect immediately before the radio | |
transfer date. | |
(4) It shall be the duty of OFCOM to exercise their power under section 86 of the | |
1990 Act to make such variations of any licence having effect in accordance | 25 |
with subsection (3) of this section as (after complying with subsection (5)(b) of | |
that section) they consider appropriate for the purpose of performing their | |
duty under section 259 of this Act. | |
(5) In this section— | |
“formerly regulated radio service” means a service mentioned in | 30 |
subsection (1); and | |
“relevant existing licence” means any licence which— | |
(a) was granted by the Radio Authority under Part 3 of the 1990 Act | |
before the radio transfer date; and | |
(b) is in force immediately before the radio transfer date as a licence | 35 |
authorising the provision of a formerly regulated service. | |
Licence periods etc. | |
249 Extension of licence periods | |
(1) In subsection (1) of section 86 of the 1990 Act (period of licences), for the words | |
from “for such period” onwards there shall be substituted “(subject to a | 40 |
suspension of the licence under section 111B)— | |
(a) in the case of a licence to provide radio licensable content | |
services, until such time as it is surrendered or is revoked in | |
accordance with any of the following provisions of this Part; | |
and | 45 |
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(b) in any other case, until whichever is the earlier of any such time | |
or the end of the period specified in the licence.” | |
(2) For subsection (3) of that section there shall be substituted— | |
“(3) A licence to provide a local or national service or to provide an | |
additional service must specify a period of no more than twelve years | 5 |
as the period for which it is to be in force.” | |
250 Extension and modification of existing licences | |
(1) A person who immediately before the radio transfer date holds a pre-transfer | |
national licence or a pre-transfer local licence is entitled, in accordance with the | |
following provisions of this section, to apply to OFCOM for an extension of the | 10 |
licence. | |
(2) The period for which a licence may be extended on such an application is a | |
period ending not more than four years after the end of the period for which it | |
was granted originally or (if it has been renewed) for which it was last | |
renewed. | 15 |
(3) An application under subsection (1) may only be made in the period which— | |
(a) begins three years before the date on which the licence would | |
otherwise expire; and | |
(b) ends three months before the day that OFCOM have determined to be | |
the day by which they would need to publish a notice under section | 20 |
98(1) or 104(1) of the 1990 Act if they were proposing to grant a fresh | |
licence to take effect from that date. | |
(4) A determination for the purposes of subsection (3)(b)— | |
(a) must be made at least one year before the day determined; and | |
(b) must be notified by OFCOM to the person who holds the licence in | 25 |
question. | |
(5) An application under subsection (1)— | |
(a) must be made in such manner, | |
(b) must contain such information about the applicant, his business and | |
the service he proposes to provide, and | 30 |
(c) must be accompanied by such fee (if any), | |
as OFCOM may determine. | |
(6) If, on an application for an extension under subsection (1), OFCOM are | |
satisfied as to the matters mentioned in subsection (7), they shall— | |
(a) modify the licence by extending the period for which the licence is to be | 35 |
in force by such period authorised by subsection (2) as they think fit; | |
and | |
(b) make such other modifications as appear to them to be necessary for the | |
purpose of securing that the provisions of the licence correspond to | |
those that would be contained in a national sound broadcasting licence | 40 |
or (as the case may be) a local sound broadcasting licence granted after | |
the radio transfer date. | |
(7) Those matters are— | |
(a) the ability of the licence holder to maintain the service for the period of | |
the extension; and | 45 |
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(b) the likelihood of a contravention by the licence holder of a requirement | |
imposed by— | |
(i) a condition included in the licence by virtue of section 106 of the | |
1990 Act; or | |
(ii) a condition of the licence varied in accordance with subsection | 5 |
(8). | |
(8) For the purposes of the modification under this section of a national licence, | |
OFCOM— | |
(a) shall determine an amount which is to be payable to OFCOM by the | |
licence holder in respect of the first complete calendar year falling | 10 |
within the period for which the licence is extended; and | |
(b) may, in relation to any accounting period of the licence holder during | |
the period of the extension, modify a condition included in the licence | |
in pursuance of section 102(1)(c) of the 1990 Act (additional payments | |
to be made in respect of national licences) by specifying a different | 15 |
percentage of the qualifying revenue for that accounting period from | |
that which was previously specified in the condition. | |
(9) The amount determined by OFCOM under subsection (8)(a) must be the | |
amount which, in OFCOM’s opinion, would have been the cash bid of the | |
licence holder were the licence (instead of being extended) being granted | 20 |
afresh on an application made in accordance with section 98 of the 1990 Act. | |
(10) For the purposes of subsection (8)(b)— | |
(a) different percentages may be specified for different accounting periods; | |
and | |
(b) the percentages that may be specified for an accounting period include | 25 |
a nil percentage. | |
(11) The modifications set out in accordance with subsection (6)(b) must secure— | |
(a) that the amount falling to be paid under the conditions of the licence for | |
each calendar year subsequent to that for which an amount has been | |
determined in accordance with subsection (8)(a) is the amount so | 30 |
determined as increased by the appropriate percentage; and | |
(b) that such adjustments as are appropriate are made as respects sums | |
already paid in respect of any year or accounting period to which a | |
modification under subsection (8) applies. | |
(12) Where OFCOM have granted a person’s application under this section, the | 35 |
extensions and modifications take effect only if that person— | |
(a) has been notified by OFCOM of their proposals for modifications by | |
virtue of subsection (6)(b) or (8)(b), and for the making of a | |
determination under subsection (8)(a); and | |
(b) has consented to the extension on the terms proposed. | 40 |
(13) In this section— | |
“the appropriate percentage” has the same meaning as in section 102 of | |
the 1990 Act; | |
“national sound broadcasting licence” means a licence under Part 3 of the | |
1990 Act to provide a sound broadcasting service which, under | 45 |
subsection (4)(a) of section 242 is a national service for the purposes of | |
that section; | |
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“pre-transfer licence” means a licence which was granted under Part 3 of | |
the 1990 Act before the radio transfer date and has not been modified | |
under this section or renewed at any time on or after that date; | |
“pre-transfer local licence” means a pre-transfer licence which was | |
granted as a local licence (within the meaning of Part 3 of the 1990 Act, | 5 |
as it had effect without the amendments made by this Act); | |
“pre-transfer national licence” means a pre-transfer licence granted or last | |
renewed as a national licence (within the meaning of Part 3 of the 1990 | |
Act, as it had effect without the amendments made by this Act). | |
251 Renewal of local licences | 10 |
In section 104A(5) of the 1990 Act (conditions of renewal of local licence), after | |
paragraph (b) there shall be inserted— | |
“(c) they are satisfied that the period for which the nominated local | |
digital sound programme service will be available for reception | |
and the times at which it will be available will not be | 15 |
significantly different, week by week, from those for which and | |
at which the licensed local service will be broadcast;”. | |
252 Extension of special application procedure for local licences | |
In section 104B(1) of the 1990 Act (special application procedure for local | |
licences for areas with 4.5 million residents or fewer)— | 20 |
(a) the word “and” shall be inserted at the end of paragraph (a); and | |
(b) paragraph (b) (which excludes areas with more than 4.5 million | |
residents) shall cease to have effect. | |
. | |
Provision of simulcast radio services | 25 |
253 Definition of simulcast radio services | |
(1) In section 41 of the 1996 Act (meaning of simulcast radio service), for | |
subsection (2) there shall be substituted— | |
“(2) In this Part, a ‘simulcast radio service’ means a service provided by a | |
person for broadcasting in digital form and corresponding to a service | 30 |
which is a national service within the meaning of Part 3 of the 1990 Act | |
and is provided by that person.” | |
(2) In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3), before | |
the definition of “sound broadcasting service” there shall be inserted— | |
“‘simulcast radio service’ means a simulcast radio | 35 |
service within the meaning given by section 41(2) of | |
the Broadcasting Act 1996 for the purposes of Part 2 of | |
that Act;”. | |
(3) After that subsection there shall be inserted— | |
“(1A) For the purposes of this Part a simulcast radio service corresponds to a | 40 |
national service if, in accordance with section 41(3) of the Broadcasting | |
Act 1996, it falls to be treated as so corresponding for the purposes of | |
Part 2 of that Act.” | |
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