Cable and Broadcasting Act 1984

PART I — Cable Programme Services

Introductory

The Cable Authority

1

• (1) There shall be an authority to be called the Cable Authority (in this Part referred to as " the Authority ") far the purpose of performing the functions assigned to the Authority by this Part.

• (2) The Authority shall consist of—

• (a) a chairman and deputy chairman ; and

• (b) such number of other members, not being less than three nor more than ten, as the Secretary of State may from time to time determine.

• (3) Schedule 1 to this Act shall have effect with respect to the Authority.

Meaning of " cable programme service " etc.

2

• (1) In this Act " cable programme service " means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either—

• (a) for reception, otherwise than by wireless telegraphy, at two or more places in the United Kingdom, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or

• (b) for reception, by whatever means, at a place in the United Kingdom for the purpose of their being presented there either to members of the public or to any group of persons.

• (2) In this Part " licensable service" means a cable programme service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either—

• (a) for simultaneous reception, otherwise than by wireless telegraphy, in two or more dwelling-houses in the United Kingdom; or

• (b) for reception, by whatever means, at a place in the United Kingdom for the purpose of their being presented there either to members of the public or to a group of persons some or all of whom do not have a business interest in hearing or seeing them.

• (3) In this Part—

• " diffusion service" means a service falling within subsection (2)(a) above;

• " prescribed diffusion service" means a diffusion service of such a description as the Secretary of State after consultation with the Authority may by order made by statutory instrument prescribe;

• "restricted service" means a service falling within subsection (2)(b) above.

• (4) Subsections (1) and (2) above do not apply in relation to a service which consists wholly or mainly in the sending of sounds or visual images or both by any person if it is an essential feature of the service that, while they are being conveyed, there will or may be sent from each place of reception, by means of the telecommunication system or (as the case may be) the part of it by means of which they are conveyed, sounds or visual images or both for reception by that person.

• (5) References in subsections (2) and (4) above to sounds are references to speech or music or both except that they do not include, in relation to any telecommunication system, speech providing information for the purposes of facilitating the use of a telecommunication service provided by means of that system.

• (6) References in subsections (2) and (4) above to visual images are references to visual images which are such that sequences of them may be seen as moving pictures.

• (7) References in this section to a telecommunication system do not include references to a telecommunication system the running of which does not require to be licensed under Part II of the Telecommunications Act 1984 (in this Act referred to as " the 1984 Act ").

• (8) For the purposes of this section a person has a business interest in hearing sounds or seeing visual images if he has an interest in hearing or seeing them for the purposes of his business, trade, profession or employment.

• (9) In this section " dwelling-house" includes a hotel, inn, boarding house or other similar establishment.

Licensing of services by Authority

Prohibition on unlicensed services

3

• (1) Subject to any exceptions for which the Secretary of State after consultation with the Authority may by order provide, a person who provides a licensable service shall be guilty of an offence unless he is authorised to provide the service by a licence granted under section 4 below (in this Part referred to as a licence).

• (2) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

• (3) No proceedings in respect of an offence under this section shall be instituted—

• (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;

• (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

• (4) Without prejudice to subsection (2) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

• (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Power to license services

4

• (1) A licence may be granted by the Authority for the provision of such a licensable service as is specified in the licence or is of a description so specified.

• (2) A licence shall be in writing and, subject to subsections (3) and (8) and section 17 below, shall continue in force for such period as may be specified in the licence.

• (3) A licence for the provision of a prescribed diffusion service (whether as originally granted or as varied under subsection (8) below) shall not continue in force for a period exceeding the relevant maximum period.

• (4) For the purposes of subsection (3) above the relevant maximum period is—

• (a) fifteen years in the case of a licence for the provision of a prescribed diffusion service in an area—

• (i) in which such a service has not previously been provided; or

• (ii) in which such a service has previously been so provided, but only in so much of it as in the opinion of the Authority does not amount to a substantial part of it; and

• (b) eight years in every other case.

• (5) A licence may include—

• (a) such conditions as appear to the Authority to be requisite or expedient having regard to the duties imposed on them by this Part and, in the case of a licence for the provision of a prescribed diffusion service, to the information included in the application in pursuance of section 6(1) below ;

• (b) conditions requiring the rendering to the Authority of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; and

• (c) conditions requiring the holder of the licence to furnish to the Authority, in such manner and at such times as they may reasonably require, such information as they may require for the purpose of exercising the functions assigned to them by or under this Part.

• (6) Without prejudice to the generality of paragraph (a) of subsection (5) above, conditions included in a licence by virtue of that paragraph may require the holder of the licence—

• (a) to comply with any direction given by the Authority as to such matters as are specified in the licence or are of a description so specified ; and

• (b) except in so far as the Authority consent to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified.

• (7) The payment or payments required to be rendered to the Authority by conditions included in a licence by virtue of subsection (5)(b) above shall be such as to represent what appears to the Authority to be the appropriate contribution of the holder of the licence towards meeting the sums which the Authority regard as necessary in order to discharge their duty under section 18(1) below.

• (8) The Authority may vary a licence by notice in writing served on the holder of the licence if—

• (a) in the case of a variation of the period for which the licence is to continue in force, the holder consents ; or

• (b) in any other case, the holder has been given a reasonable opportunity of making representations.

• (9) Subject to the provisions of this Part, it shall be the duty of the Authority to exercise the powers conferred on them by this section in the manner which they consider is best calculated—

• (a) to promote the provision of prescribed diffusion services ; and

• (b) subject to paragraph (a) above, to promote the provision, by means of telecommunication systems, of services other than telecommunication services.

Publicity etc. with respect to certain licences

5

• (1) This section applies where the Authority propose to grant a licence for the provision of a prescribed diffusion service in any area.

• (2) The Authority shall publish, in such manner as they consider appropriate, a notice—

• (a) stating that they propose to grant a licence for the provision of such a service in the area ;

• (b) inviting applications for the licence ; and

• (c) stating the fee (if any) which will be payable on each application.

• (3) The Authority shall also publish, in such manner as they consider appropriate, as regards each application received—

• (a) the name and address of the applicant; and

• (b) such of the information included in the application in pursuance of section 6(1) below as they consider appropriate.

• (4) The Authority shall take such steps as they consider appropriate—

• (a) to ascertain the opinions of the public in the area about the prescribed diffusion service and any related services proposed to be provided there ; and

• (b) to encourage the making of comments and suggestions about those services by members of the public in the area,

and shall take account of those opinions and any such comments and suggestions received by them.

• (5) In this section and section 7 below " related service", in relation to a prescribed diffusion service, means a service (other than a telecommunication service) provided by means of the same telecommunication system.

Applications for licences and prior consultation

6

• (1) An application for a licence must be in writing and, in the case of a licence for the provision of a prescribed diffusion service, must be accompanied by the fee (if any) stated in the notice under section 5(2) above and must contain information as the matters mentioned in section 7(2) below.

• (2) Before deciding whether or to whom to grant a licence, the Authority shall consult with—

• (a) the licensing authorities for the purposes of Part II of the 1984 Act; and

• (b) in the case of a licence for the provision of a prescribed diffusion service in any area, every local authority whose area consists of or includes the whole or any part of that area.

Matters to be taken into account

7

• (1) In deciding whether or to whom to grant a licence, the Authority shall take into account all matters appearing to them to be relevant.

• (2) Without prejudice to the generality of subsection (1) above, in deciding whether or to whom to grant a licence for the provision of a prescribed diffusion service in any area, the Authority shall take into account the extent to which the applicant or each applicant proposes to do the following things, namely—

• (a) to include a range and diversity of programmes ;

• (b) to include in the programmes matter which originates within the European Economic Community and is performed by nationals of member States;

• (c) to include in the programmes an increasing proportion of such matter;

• (d) to include programmes of an educational nature, programmes calculated to appeal specially to the taste and outlook of persons living in the area and programmes in which such persons are given an opportunity to participate;

• (e) to include programmes provided otherwise than by himself or by associates of his ;

• (f) to include programmes provided by local voluntary associations and to assist such organisations in the preparation and production of programmes ;

• (g) to include in the programmes matter which is calculated to promote the understanding or enjoyment of programmes by persons who are deaf;

• (h) to provide, or secure the provision of, related services.

• (3) In this section " local voluntary organisation " includes a local branch of a national voluntary organisation.

Restrictions on the holding of licences

8

• (1) The Authority shall do all that they can to secure that none of the following becomes or remains the holder of a licence for the provision of a diffusion service to which this section applies, that is to say—

• (a) an individual who is neither—

• (i) a national of a member State who is ordinarily resident within the European Economic Community ; nor

• (ii) ordinarily resident in the United Kingdom, the Isle of Man or the Channel Islands ;

• (b) a body corporate which is neither—

• (i) a body formed under the law of a member State which has its registered or head office or principal place of business within the European Economic Community; nor

• (ii) a body incorporated under the law of the Isle of Man or the Channel Islands ;

• (c) a local authority;

• (d) a body whose objects are wholly or mainly of a religious or political nature;

• (e) an individual who is an officer of a body falling within paragraph (d) above ; and

• (f) a body corporate which is under the control of a person falling within any of the foregoing paragraphs, or any two or more such persons together.

• (2) The Authority shall do all that they can to secure that a person who is, or is an associate of.—

• (a) a programme contractor for the provision of television programmes for any area;

• (b) a programme contractor for the provision of local sound broadcasts for reception in any locality; or

• (c) the proprietor of a local newspaper circulating wholly or mainly in any area,

does not become or remain the holder of a licence for the provision in any part of that area or locality of a diffusion service to which this section applies.

• (3) The Authority shall do all that they can to secure that a body corporate in which—

• (a) any of the persons mentioned in subsection (4) below is a participant; or

• (b) any of the persons mentioned in subsection (5) below is a principal participant,

does not become or remain the holder of a licence for the provision of a diffusion service to which this section applies if, in the opinion of the Authority, that person's participation in that body corporate has led, is leading or is likely to lead to results which are adverse to the public interest.

• (4) The persons referred to in subsection (3)(a) above are—

• (a) a local authority ;

• (b) a body whose objects are wholly or mainly of a religious or political nature;

• (c) the BBC, the IBA and the Welsh Authority; and

• (d) a body corporate which is under the control of a person falling within paragraph (a), (b) or (c) above.

• (5) The persons referred to in subsection (3)(b) above are—

• (a) a person who is a principal participant in another body corporate which is the holder of a licence for the provision of a diffusion service to which this section applies ;

• (b) a programme contractor, the proprietor of a newspaper and an advertising agent;

• (c) a person carrying on a business which consists (wholly or partly) of—

• (i) the production, distribution or exhibition of cinematograph films;

• (ii) the manufacture of records or the publication of musical works ; or

• (iii) promoting the broadcasting of sound recordings or the broadcasting or performance of musical works;

• (d) an associate of a person falling within paragraph (a), (b) or (c) above ;

• (e) a person who has control over a body corporate falling within paragraph (a), (b), (c) or (d) above; and

• (f) a body corporate which is under the control of a person falling within paragraph (a), (b), (c) or (d) above.

• (6) This section applies to any diffusion service in the case of which programmes are included otherwise than by the reception and immediate re-transmission of broadcasts made by a broadcasting authority.

• (7) In this section—

• " participant", in relation to a body corporate, means a person who (whether alone or jointly with one or more other persons, and whether directly or through one or more nominees) holds or is beneficially entitled to shares, or possesses voting power, in that body corporate ;

• " principal participant", in relation to a body corporate, means a person who (whether alone or jointly with one or more other persons, and whether directly or through one or more nominees) holds or is beneficially entitled to not less than one-twentieth of the shares, or possesses not less than one-twentieth of the voting power, in that body corporate.

• (8) In this section " cinematograph film ", " record " and " sound recording " have the same meanings as in the Copyright Act 1956 (in this Act referred to as "the 1956 Act"); and references to the publication, broadcasting or performance of musical works shall be construed as if they were contained in the 1956 Act.

Information as to licences and applications for licences

9

• (1) Where the Authority grant a licence for the provision of a service other than a prescribed diffusion service, the Authority shall, on request made by any person and on payment by him of such sum (if any) as the Authority may reasonably require, furnish to that person a copy of that licence.