Broadcasting Act 1996

Part I — Digital terrestrial television broadcasting

Introductory

Regulations about coverage of listed events

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• (1) In this Part “multiplex service” means (except where the context otherwise requires) a television multiplex service.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this Part “digital programme service” means a service (or a dissociable section of a service) consisting in the provision by any person of television programmes (together with any ancillary services, as defined by section 24(2)) with a view to their being broadcast in digital form so as to be available for reception by members of the public, whether by him or by some other person, but does not include—

• (za) a service (or a dissociable section of a service) provided under the authority of a licence under Part 1 of the 1990 Act to provide a television licensable content service,

• (a) a qualifying service,

• (b) a teletext service, or

• (c) any service in the case of which the visual images to be broadcast do not consist wholly or mainly of images capable of being seen as moving pictures,

except, in the case of a service falling within paragraph (b) or (c), to the extent that it is an ancillary service.

• (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 CTT State, or in an area of the United Kingdom or of such a State.

• (5) The Secretary of State may, if having regard to developments in broadcasting technology he considers it appropriate to do so, by order amend the definition of “digital programme service” in subsection (4).

• (6) No order under subsection (5) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (7) In this section “broadcast” means broadcast otherwise than from a satellite.

Meaning of “independent analogue broadcaster” and “qualifying service”

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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;

• (b) Channel 4;

• (c) Channel 5;

• (d) S4C Digital;

• (e) a television programme service provided by S4C with the approval of the Secretary of State under section 204B of the Communications Act 2003;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions about licences

Licences under Part I

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• (1) Any licence granted by OFCOM under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of this Part.

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

• (3) OFCOM —

• (a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it, and

• (b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 5(1) or (2)(b) or (c).

• (4) OFCOM may vary a licence by a notice served on the licence holder if—

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

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

• (5) Paragraph (a) of subsection (4) does not affect the operation of section 17(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 13(1).

• (6) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of OFCOM .

• (7) Without prejudice to the generality of subsection (6), OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

• (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 8 of the Wireless Telegraphy Act 2006 ; or

• (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

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• (1) A licence may include—

• (a) such conditions as appear to OFCOM to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act, the 1990 Act or the Communications Act 2003 ;

• (b) conditions requiring the payment by the licence holder to OFCOM (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;

• (c) conditions requiring the licence holder to provide OFCOM , in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act, the 1990 Act or the Communications Act 2003 ;

• (d) conditions providing for such incidental and supplemental matters as appear to OFCOM to be appropriate.

• (2) A licence may in particular include conditions requiring the licence holder—

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

• (b) (except to the extent that OFCOM 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.

• (3) The fees required to be paid to OFCOM by virtue of subsection (1)(b) shall be in accordance with such tariff as may from time to time be fixed by OFCOM ....

• (4) A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and OFCOM shall publish every such tariff in such manner as they consider appropriate.

• (5) Where the holder of any licence—

• (a) is required by virtue of any condition imposed under this Part to provide OFCOM with any information, and

• (b) in purported compliance with that condition provides them with information which is false in a material particular,

he shall be taken for the purposes of sections 17, 23 and 27 of this Act and section 42 of the 1990 Act to have failed to comply with that condition.

• (6) Nothing in this Part which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).

Restrictions on holding of licences under Part I

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• (1) OFCOM shall do all that they can to secure—

• (a) that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to the 1990 Act (as amended by this Act); and

• (b) that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and

• (c) that those requirements are not contravened in the case of a person who already holds a licence.

• (2) OFCOM may accordingly—

• (a) require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—

• (i) whether he is such a disqualified person as is mentioned in subsection (1)(a),

• (ii) whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and

• (iii) if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;

• (b) revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;

• (c) make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);

• (d) impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting—

• (i) shareholdings in the body, or

• (ii) the directors of the body,

where such proposals are known to the body;

• (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 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 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

• (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;

• (e) impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.

• (3) Where OFCOM —

• (a) revoke the award of any licence in pursuance of subsection (2)(b), or

• (b) determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,

any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.

• (4) Those provisions shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.

• (5) Every licence shall include such conditions as OFCOM consider necessary or expedient to ensure that where—

• (a) the holder of the licence is a body, and

• (b) a relevant change takes place after the grant of the licence,

OFCOM may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.

• (6) OFCOM shall not serve any such notice on the licence holder unless—

• (a) they have notified him of the matters constituting their grounds for revoking the licence and given him a reasonable opportunity of making representations to them about those matters, and

• (b) in a case where the relevant change is one falling within subsection (7)—

• (i) they have also given him an opportunity of complying with the requirements imposed by or under Schedule 14 to the Communications Act 2003 within a period specified in the notification, and

• (ii) the period specified in the notification has elapsed.

• (7) A relevant change falls within this subsection if it consists only in one or more of the following—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a change in the national market share (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003 ) of one or more national newspapers (within the meaning of that Part of that Schedule), or

• (c) a change in the local market share (within the meaning of section 5 of the Broadcasting Act 1990 ) in a particular area of one or more local newspapers (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003 ).

• (8) In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means—

• (a) any change affecting the nature or characteristics of the body,

• (b) any change in the persons having control over or interests in the body, or

• (c) any other change giving rise to 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,

being (in any case) a change which is such that, if it fell to OFCOM to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.

Multiplex services

Assignment of frequencies by Secretary of State

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Multiplex licences

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• (1) Where OFCOM propose to grant a licence to provide a multiplex service (in this Part referred to as a “multiplex licence”) they shall publish, in such manner as they consider appropriate, a notice—

• (a) stating that they propose to grant such a licence,

• (b) specifying the frequency or frequencies on which the service is to be provided,

• (c) specifying, in such manner as OFCOM consider appropriate, the area or areas in the United Kingdom within which the frequency or frequencies is or are to be available,

• (d) inviting applications for the licence and specifying the closing date for such applications,

• (e) specifying the fee payable on any application, and

• (f) stating whether any percentage of multiplex revenue for each accounting period would be payable by an applicant in pursuance of section 13 if he were granted the licence and, if so, specifying that percentage.

• (2) Unless an order under section 13(2) is in force—

• (a) the consent of the Secretary of State shall be required for so much of the notice as relates to the matters specified in subsection (1)(f), and

• (b) OFCOM may if they think fit (with that consent) specify under subsection (1)(f)—

• (i) different percentages in relation to different accounting periods falling within the period for which the licence would be in force, and

• (ii) a nil percentage in relation to any accounting period so falling.

• (3) When publishing a notice under subsection (1), OFCOM —

• (a) shall publish with the notice general guidance as to requirements to be met by proposals as to the matters referred to in subsection (4)(b)(i) and (ii) and (f), and

• (b) may publish with the notice such other general guidance as they consider appropriate.

• (4) An application made in pursuance of a notice under subsection (1) must be in writing and accompanied by—

• (a) the fee specified in the notice under subsection (1)(e),

• (b) a technical plan relating to the service which the applicant proposes to provide and indicating—

• (i) the parts of the area specified under subsection (1)(c) which would be within the coverage area of the service,

• (ii) the timetable in accordance with which that coverage would be achieved, and

• (iii) the technical means by which it would be achieved,

• (c) the applicant’s proposals as to the number of digital programme services to be broadcast, as to the characteristics of each of those services and as to the areas in which they would be provided,

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

• (d) the applicant’s proposals as to the timetable in accordance with which the broadcasting of each of the services mentioned in paragraphs (c) and (ca) would begin,

• (e) the applicant’s proposals as to the broadcasting of digital additional services,

• (f) the applicant’s proposals for promoting or assisting the acquisition, by persons in the proposed coverage area of the service, of equipment capable of receiving all the multiplex services available in that area,

• (g) such information as OFCOM may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and

• (h) such other information as OFCOM may reasonably require for the purpose of considering the application.

• (5) In subsection (4)(f) “acquisition” includes acquisition on hire or loan.

• (6) At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish additional information under any of paragraphs (b) to (h) of subsection (4).

• (7) Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.