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(e) in a case in which members of the potential audiences for the services | |
provided by that person would also be members of the potential | |
audiences for local digital sound programme services provided by | |
other persons— | |
(i) the number of those other persons; | 5 |
(ii) the coverage areas of their services; | |
(iii) the capacity used by their services on the relevant | |
multiplexes; | |
(iv) the sizes of the potential audiences for their services; and | |
(v) the times when their services are or will be made available. | 10 |
(3) For the purposes of this paragraph the coverage area for a service provided | |
under a local digital sound programme licence is the area in the United | |
Kingdom within which the relevant multiplex is capable of being received | |
at a level satisfying such technical standards as may have been laid down by | |
OFCOM for the purposes of the provisions of an order under this paragraph. | 15 |
(4) In this paragraph “the relevant multiplex”, in relation to a service provided | |
under a local digital sound programme licence, means the local radio | |
multiplex service in which the service provided under that licence is or is to | |
be included. | |
(5) For the purposes of this paragraph a person who holds a licence to provide | 20 |
local digital sound programme services provides such a service if, and only | |
if— | |
(a) the service is one provided by him and is included in a local radio | |
multiplex service for which he holds a local radio multiplex licence; | |
or | 25 |
(b) under a contract between that person and a person who holds a | |
licence to provide a local radio multiplex service, the person holding | |
the licence to provide the radio multiplex service is required to | |
include that local digital sound programme service in that multiplex | |
service. | 30 |
Powers supplemental to powers under paragraphs 11 and 12 | |
13 (1) An order under paragraph 11 or 12 may make provision for treating— | |
(a) persons who are connected with a person who holds a licence, | |
(b) persons who are associates of a person who holds a licence or of a | |
person who is connected with a person who holds a licence, and | 35 |
(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body which holds a licence or | |
is treated as doing so by virtue of paragraph (a) or (b), | |
as if each of them were also a holder of the licence for the purposes of a | |
requirement imposed under that paragraph. | 40 |
(2) An order under paragraph 12 may make provision for treating— | |
(a) persons who are connected with a person who provides a local | |
digital sound programme service, | |
(b) persons who are associates of a person who provides such a service | |
or of a person who is connected with a person who provides such a | 45 |
service, and | |
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(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body who provides such a | |
service or is treated as doing so by virtue of paragraph (a) or (b), | |
as if each of them were also a person providing the service for the purposes | |
of a requirement imposed under that paragraph. | 5 |
(3) An order under paragraph 11 or 12 may also make provision for treating— | |
(a) persons who are connected with each other, | |
(b) persons who are associates of each other, and | |
(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body, | 10 |
as if they and such other persons who are connected with, associates of or | |
paticipators in any of them as may be described in the order were the same | |
person for the purposes of a requirement imposed under that paragraph. | |
(4) An order under paragraph 11 may make provision— | |
(a) as to the circumstances in which a newspaper is to be treated as a | 15 |
national newspaper or a local newspaper for the purposes of a | |
requirement imposed under that paragraph; | |
(b) as to the person or persons who are to be treated for any such | |
purposes as running a newspaper; | |
(c) as to the determination for any such purposes of the area within | 20 |
which a local newspaper is circulating; and | |
(d) as to what is to constitute the national market share or local market | |
share of any newspaper or of a number of newspapers taken | |
together; | |
and provision made by virtue of this paragraph may apply, with or without | 25 |
modifications, any of the provisions of paragraph 3 or 4 of this Schedule. | |
(5) Power to make provision with respect to any matter by any order under | |
paragraph 11 or 12 includes power— | |
(a) to make provision with respect to that matter by reference to the | |
making or giving by OFCOM, in accordance with the order, of any | 30 |
determination, approval or consent; and | |
(b) to confer such other discretions on OFCOM as the Secretary of State | |
thinks fit. | |
(6) Sub-paragraph (5) of paragraph 12 applies for the purposes of this | |
paragraph as it applies for the purposes of that paragraph. | 35 |
Transitional provision for orders under paragraphs 11 and 12 | |
14 (1) This paragraph applies where— | |
(a) immediately after the coming into force of an order under paragraph | |
11 or 12, a person (“the person in contravention”) is in contravention, | |
in any respect, of a requirement imposed under that paragraph; and | 40 |
(b) immediately before the coming into force of the order, that person— | |
(i) held one or more relevant licences; but | |
(ii) was not, in that respect, in contravention of a requirement | |
imposed under that paragraph. | |
(2) This paragraph does not apply in the case of the first order to be made under | 45 |
paragraph 11 or 12 if the person in contravention was, immediately before | |
the coming into force of the order, in contravention, in relation to one or | |
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(2) more of the relevant licences, of a requirement imposed under Part 3 or 4 of | |
Schedule 2 to the 1990 Act. | |
(3) In sub-paragraphs (1) and (2) the reference to a relevant licence is— | |
(a) in relation to the coming into force of an order under paragraph 11, | |
a local sound broadcasting licence; and | 5 |
(b) in relation to the coming into force of an order under paragraph 12, | |
a local digital sound programme licence. | |
(4) The contravention mentioned in sub-paragraph (1)(a), to the extent that it | |
arises by reason of the coming into force of the order, is to be disregarded (in | |
the case of the person in contravention) in relation to any time which falls— | 10 |
(a) after the coming into force of the order; and | |
(b) before there is a relevant change of circumstances. | |
(5) Where the contravention is one arising under paragraph 11 in the case of a | |
person who held one or more local sound broadcasting licences immediately | |
before the coming into force of the order, there is a relevant change of | 15 |
circumstances if— | |
(a) another person becomes the holder of any of those licences, | |
otherwise than in consequence of a transaction under which the | |
person in contravention ceases to be a holder of the licence; or | |
(b) the person in contravention becomes the holder of another local | 20 |
sound broadcasting licence. | |
(6) A change of circumstances is not a relevant change of circumstances by | |
virtue of sub-paragraph (5)(b) unless the licence of which the person in | |
contravention becomes the holder is one the holding of which, with the | |
holding of licences already held by him, would (apart from sub-paragraph | 25 |
(4)) constitute a contravention of a requirement imposed under paragraph | |
11. | |
(7) Where the contravention is one arising under paragraph 12 in the case of a | |
person who, under a local digital sound programme licence, was providing | |
one or more local digital sound programme services immediately before the | 30 |
coming into force of the order, there is a relevant change of circumstances | |
if— | |
(a) another person becomes the holder of that licence, otherwise than in | |
consequence of a transaction under which the person in | |
contravention ceases to be a holder of the licence; or | 35 |
(b) the person in contravention becomes the provider of another local | |
digital sound programme service provided under that licence. | |
(8) A change of circumstances is not a relevant change of circumstances by | |
virtue of sub-paragraph (7)(b) unless the service of which the person in | |
contravention becomes the provider is one the provision of which, with the | 40 |
services already provided by him, would (apart from sub-paragraph (4)) | |
constitute a contravention of a requirement imposed under paragraph 12. | |
(9) For the purposes of this paragraph, in its application in relation to a | |
contravention of a requirement imposed under paragraph 11 or 12— | |
(a) references to holding a licence or providing a local digital sound | 45 |
programme service are to be construed in accordance with the | |
provision having effect for the purposes of that requirement; and | |
(b) the persons who are taken to be holding a local digital sound | |
programme licence immediately before the coming into force of the | |
order include every person who at that time would, in accordance | 50 |
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(b) with that provision, be treated as providing local digital sound | |
programme services that were being provided at that time under | |
that licence. | |
Part 4 | |
Supplemental provisions of Schedule | 5 |
Procedure for orders | |
15 (1) Before making an order under any provision of this Schedule (other than one | |
that is confined to giving effect to recommendations made by OFCOM in a | |
report of a review under section 384), the Secretary of State must consult | |
OFCOM. | 10 |
(2) No order is to be made containing provision authorised by any provision of | |
this Schedule unless a draft of the order has been laid before Parliament and | |
approved by a resolution of each House. | |
Interpretation of Schedule | |
16 (1) Part 1 of Schedule 2 to the 1990 Act applies for construing this Schedule as it | 15 |
applies for construing Part 2 of that Schedule. | |
(2) References in this paragraph to an area overlapping another include | |
references to its being the same as, or lying wholly inside, the other area. | |
Schedule 15 | |
Section 353 | |
Amendments of Broadcasting Acts | 20 |
Part 1 | |
Amendments of the 1990 Act | |
Licences under Part 1 | |
1 (1) Section 3 of the 1990 Act (licensing under Part 1) shall be amended as | |
follows. | 25 |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (1), for “Chapter II, III, IV or V of this Part” there shall be | |
substituted “Chapter 2 or 5 of this Part or section 232 of the Communications | |
Act 2003”. | 30 |
(4) For subsection (8) (saving for telecommunications licences) 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 | 35 |
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).” | |
General licence conditions | 5 |
2 (1) Section 4 of the 1990 Act (general licence conditions) shall be amended as | |
follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), in each of paragraphs (a) and (c), after “this Act” there shall | 10 |
be inserted “, the Broadcasting Act 1996 or the Communications Act 2003”. | |
(4) In subsection (3) (fixing of fees), for the words from “regard as necessary” | |
onwards there shall be substituted “regard as necessary for the purposes of | |
paragraph 8(1) of the Schedule to the Office of Communications Act 2002 | |
(obligation to conduct affairs so as to be able to meet their obligations and | 15 |
carry out their functions).” | |
(5) In subsection (5) (provision of false information to be breach of condition)— | |
(a) for “imposed under this Part” there shall be substituted “contained | |
in the licence”; and | |
(b) after “and 42” there shall be inserted “or (as the case may be) sections | 20 |
234 and 235 of the Communications Act 2003 (enforcement of | |
television licensable content service licences)”. | |
Restrictions on licence holding | |
3 (1) Section 5 of the 1990 Act (restrictions on licence holding) shall be amended | |
as follows. | 25 |
(2) For “The Commission” and “the Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(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 | 30 |
a body corporate, to give OFCOM notice, after they have | |
occurred and irrespective of whether proposals for them | |
have fallen to be notified, of changes, transactions or events | |
affecting— | |
(i) shareholdings in the body; or | 35 |
(ii) the directors of the body; | |
(db) impose conditions in a licence enabling OFCOM to require | |
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 | 40 |
relation to that licence by virtue of Part 2 of Schedule | |
2; or | |
(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;”. | 45 |
(4) In subsection (6)— | |
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(a) in paragraph (a), for “complained of” there shall be substituted | |
“constituting their grounds for revoking the licence”; and | |
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be | |
substituted “the requirements imposed by or under Schedule 14 to | |
the Communications Act 2003,”. | 5 |
(5) In subsection (6A)— | |
(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) Subsection (6B) shall cease to have effect. | 10 |
(7) In subsection (7), for the words from “a failure” to the end of paragraph (c) | |
there shall be substituted “a disqualification under Part 2 of Schedule 2 to | |
this Act or a contravention of a requirement imposed by or under Schedule | |
14 to the Communications Act 2003”. | |
Repeal of previous regulatory regime | 15 |
4 Sections 6 to 12 of the 1990 Act (which contain the mechanism for regulation | |
in relation to licences under Part 1 of that Act) shall cease to have effect. | |
Prohibition on providing television services without a licence | |
5 (1) Section 13 of the 1990 Act (prohibition on providing television services | |
without a licence) shall be amended as follows. | 20 |
(2) In subsection (1) (offence of providing such service without a licence), for | |
“service falling within section 2(1)(a), (aa), (b), (c), (cc) or (d)” there shall be | |
substituted “relevant regulated television service”. | |
(3) After that subsection there shall be inserted— | |
“(1A) In subsection (1) ‘relevant regulated television service’ means a | 25 |
service falling, in pursuance of section 208(1) of the Communications | |
Act 2003, to be regulated by OFCOM, other than a television | |
multiplex service.” | |
(4) In subsection (2) (exemption orders made after consulting the ITC), for “the | |
Commission” there shall be substituted “OFCOM”. | 30 |
Television broadcasting on Channel 3 | |
6 In section 14 of the 1990 Act (establishment of Channel 3), for “The | |
Commission” and “the Commission”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Applications for Channel 3 licences | 35 |
7 (1) Section 15 of the 1990 Act (applications for Channel 3 licences) shall be | |
amended as follows. | |
(2) For “the Commission” and “The Commission”, wherever occurring, there | |
shall be substituted “OFCOM”. | |
(3) In subsection (2), for “specified in section 16(2) or (3) (as the case may be)” | 40 |
there shall be substituted “that have to be imposed under Chapter 4 of Part | |
3 of the Communications Act 2003 by conditions relating to— | |
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