Office of Public Sector Information
PART I continued CHAPTER II continued
(1) Any Channel 3 licence or licence to provide Channel 4 may include conditions requiring the licence holder to include in the licensed service such announcements concerning relevant programme schedules as the Commission may determine.
(2) In this section “relevant programme schedules” means—
(a) in relation to a Channel 3 licence, programme schedules for programmes to be broadcast on Channel 4 and, where any part of the area for which the licensed service is to be provided is in Wales, programme schedules for programmes to be broadcast on S4C; and
(b) in relation to the licence to provide Channel 4, programme schedules for programmes to be included in any Channel 3 service.
(1) Any Channel 3 licence or licence to provide Channel 4 or Channel 5 shall include conditions requiring the licence holder—
(a) to make arrangements for promoting, in relation to employment by him, equality of opportunity between men and women and between persons of different racial groups; and
(b) to review those arrangements from time to time.
(2) In subsection (1) “racial group” has the same meaning as in the [1976 c. 74.] Race Relations Act 1976.
(1) This section has effect with respect to the making of arrangements which—
(a) apply to all the holders of regional Channel 3 licences, and
(b) provide for programmes made, commissioned or acquired by or on behalf of one or more of the holders of such licences to be available for broadcasting in all regional Channel 3 services,
being arrangements made for the purpose of enabling regional Channel 3 services (taken as a whole) to be a nationwide system of such services which is able to compete effectively with other television programme services provided in the United Kingdom; and any such arrangements are referred to in this section as “networking arrangements”.
(2) Any application for a regional Channel 3 licence shall, in addition to being accompanied by any such proposals as are mentioned in section 15(3)(b) to (e), be accompanied by the applicant’s proposals for participating in networking arrangements made under this section; and—
(a) where a person has duly made such an application, the Commission—
(i) shall, as soon as reasonably practicable after the closing date for applications for the licence, send details of his proposals for participating in such arrangements to the Director General of Fair Trading, and
(ii) (without prejudice to the operation of section 16(1)) shall not proceed to consider whether to award him the licence as mentioned in that provision unless it appears to the Commission that any such proposals are satisfactory; and
(b) section 33 shall apply to any such proposals as it applies to the proposals submitted by the applicant under section 15(3)(c) to (e).
(3) The Commission may publish, in such manner as they consider appropriate, general guidance to applicants for a regional Channel 3 licence as to the kinds of proposals which they would consider satisfactory for the purposes of subsection (2)(a); but before doing so the Commission—
(a) shall consult the Director General of Fair Trading, and
(b) if he requests them to make any change in the guidance, shall incorporate the change in the guidance.
(4) Each regional Channel 3 licence shall include conditions requiring the licence holder to do all that he can to secure—
(a) (in the case of a licence granted before the relevant date) that, by that date, networking arrangements have been made which—
(i) have been entered into by all the holders of regional Channel 3 licences, and
(ii) have been approved by the Commission; and
(b) (in any case) that, so long as he provides his licensed service, there are in force networking arrangements which have been so entered into and approved (unless there are for the time being in force any arrangements made by the Commission under subsection (5)).
(5) If—
(a) no such arrangements as are mentioned in subsection (4)(a) are made by the relevant date, or
(b) any such arrangements are so made but cease to be in force at any time before 1st January 1995,
the Commission may themselves draw up such networking arrangements as they consider appropriate; and, if they do so—
(i) they shall notify all the holders of regional Channel 3 licences of those arrangements, and
(ii) those arrangements shall (subject to subsection (6)) come into force on a date determined by the Commission;
and each regional Channel 3 licence shall include conditions requiring the licence holder to give effect to any arrangements made by the Commission under this subsection as for the time being in force.
(6) No arrangements made by the Commission under subsection (5) shall come into force at any time after 31st December 1994.
(7) Where—
(a) any such arrangements have come into force in accordance with subsection (6), but
(b) any networking arrangements are subsequently—
(i) entered into by all the holders of regional Channel 3 licences, and
(ii) approved by the Commission,
the arrangements referred to in paragraph (a) shall cease to have effect on the coming into force of the arrangements referred to in paragraph (b).
(8) Where any arrangements have been approved by the Commission under subsection (4) or (7)(b), no modification of those arrangements shall be made by the holders of regional Channel 3 licences unless it too has been so approved.
(9) Where any arrangements have been made by the Commission under subsection (5), they may (whether before or after the date specified in subsection (6)) make such modification of those arrangements as they consider appropriate; and, if they do so—
(a) they shall notify all the holders of regional Channel 3 licences of the modification, and
(b) the modification shall come into force on a date determined by the Commission.
(10) Without prejudice to the generality of their power to refuse to approve any arrangements or modification under subsection (4), (7)(b) or (8), the Commission shall refuse to do so if they are not satisfied that the arrangements in question, or (as the case may be) those arrangements as proposed to be modified, would be appropriate for the purpose mentioned in subsection (1).
(11) Where the Commission have—
(a) approved any arrangements or modification under subsection (4), (7)(b) or (8), or
(b) given with respect to any arrangements or modification the notification required by subsection (5)(i) or (9)(a),
they shall, as soon as reasonably practicable after giving their approval or (as the case may be) that notification—
(i) publish details of the arrangements or modification in such manner as they consider appropriate, and
(ii) comply with the appropriate requirement specified in subsection (12)(a) or (b).
(12) The appropriate requirement referred to in paragraph (ii) of subsection (11) is—
(a) in the case of any such arrangements as are referred to in paragraph (a) or (b) of that subsection, to refer those arrangements to the Director General of Fair Trading, and
(b) in the case of any such modification as is so referred to, to inform him of that modification;
and Schedule 4 to this Act shall have effect with respect to any reference made under paragraph (a) above and matters arising out of any such reference, including the subsequent modification of the arrangements to which it relates.
(13) In this section “the relevant date” means the date which the Commission determine to be that by which any such arrangements as are mentioned in subsection (4) would need to have been made by the holders of regional Channel 3 licences in order for the arrangements to be fully in operation at the time when those persons begin to provide their licensed services.
(1) If the Commission are satisfied—
(a) that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence, and
(b) that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or apology (or both) under this subsection,
they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction or apology (or both) in such form, and at such time or times, as they may determine.
(2) The Commission shall not give any person a direction under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
(3) Where the holder of a licence includes a correction or apology in the licensed service in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.
(4) If the Commission are satisfied that the inclusion by the holder of a Channel 3 or Channel 5 licence of any programme in the licensed service involved a failure by him to comply with any condition of the licence, they may direct him not to include that programme in that service on any future occasion.
(5) This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a reference to the licence to provide Channel 4.
(1) If the Commission are satisfied that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence or with any direction given by the Commission under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—
(a) a notice requiring him to pay, within a specified period, a specified financial penalty to the Commission; or
(b) a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years.
(2) The amount of any financial penalty imposed on any person in pursuance of subsection (1)(a)—
(a) shall, if such a penalty has not previously been so imposed on that person during any period for which his licence has been in force (“the relevant period”), not exceed 3 per cent. of the qualifying revenue for his last complete accounting period (as determined in accordance with section 19(2) to (6)); and
(b) shall, in any other case, not exceed 5 per cent. of the qualifying revenue for that accounting period (as so determined);
and in relation to a person whose first complete accounting period falling within the relevant period has not yet ended, paragraphs (a) and (b) above shall be construed as referring to 3, or (as the case may be) 5, per cent. of the amount which the Commission estimate to be the qualifying revenue for that accounting period (as so determined).
(3) The Commission shall not serve on any person such a notice as is mentioned in subsection (1)(a) or (b) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
(4) Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), the Commission may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.
(5) It is hereby declared that any exercise by the Commission of their powers under subsection (1) of this section in respect of any failure to comply with any condition of a licence shall not preclude any exercise by them of their powers under section 40 in respect of that failure.
(6) This section shall apply in relation to Channel 4 as if—
(a) any reference to a Channel 3 licence were a reference to the licence to provide Channel 4; and
(b) subsection (1)(b) were omitted.
(1) If the Commission are satisfied—
(a) that the holder of a Channel 3 or Channel 5 licence is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, and
(b) that that failure is such that, if not remedied, it would justify the revocation of the licence,
they shall (subject to subsection (8)) serve on the holder of the licence a notice under subsection (2).
(2) A notice under this subsection is a notice—
(a) stating that the Commission are satisfied as mentioned in subsection (1);
(b) specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and
(c) stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, the Commission will revoke his licence under subsection (3).
(3) If at the end of the period specified in a notice under subsection (2) the Commission are satisfied—
(a) that the person on whom the notice was served has failed to take the steps specified in it, and
(b) that it is necessary in the public interest to revoke his licence,
they shall (subject to subsection (8)) serve on that person a notice revoking his licence.
(4) If the Commission are satisfied in the case of any Channel 3 or Channel 5 licence—
(a) that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and
(b) that it is appropriate for them to do so,
they shall (subject to subsection (8)) serve on him a notice revoking his licence.
(5) If the Commission are satisfied—
(a) that the holder of a Channel 3 or Channel 5 licence provided them, in connection with his application for the licence, with information which was false in a material particular, or
(b) that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,
they may (subject to subsection (8)) serve on him a notice revoking his licence.
(6) Subject to subsection (7), any notice served under subsection (3), (4) or (5) shall take effect as from the time when it is served on the licence holder.
(7) If it appears to the Commission to be appropriate to do so for the purpose of preserving continuity in the provision of the service in question, they may provide in any such notice for it to take effect as from a date specified in it.
(8) The Commission shall not serve any notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
(1) In this Part “domestic satellite service” means a television broadcasting service where the television programmes included in the service are transmitted by satellite from a place in the United Kingdom—
(a) on an allocated frequency, and
(b) for general reception in the United Kingdom.
(2) In this Part “non-domestic satellite service” means—
(a) a service which consists in the transmission of television programmes by satellite—
(i) otherwise than on an allocated frequency, and
(ii) for general reception in the United Kingdom or in any prescribed country (or both),
where the programmes are transmitted from a place in the United Kingdom; or
(b) a service which consists in the transmission of television programmes by satellite—
(i) from a place which is neither in the United Kingdom nor in any prescribed country, but
(ii) for such reception as is mentioned in paragraph (a) (ii),
if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him).
(3) For the purposes of this Part non-domestic satellite services shall be regarded as provided by the following persons—
(a) a service falling within subsection (2)(a)—
(i) shall, if and to the extent that the programmes included in it consist of material provided by a person in the United Kingdom who is in a position to determine what is to be included in the service (so far as it consists of programme material provided by him), be regarded as provided by that person (whether the programmes are transmitted by him or not), but
(ii) shall otherwise be regarded as provided by the person by whom the programmes are transmitted; and
(b) a service falling within subsection (2)(b) shall be regarded as provided by the person by whom the programme material in question is provided as mentioned in that provision.
(4) In this section—
“allocated frequency” means a frequency allocated to the United Kingdom for broadcasting by satellite;
“prescribed country” means any country specified in an order made by the Secretary of State for the purposes of this subsection.
(1) The Commission may grant such licences to provide domestic satellite services as they may determine.
(2) Without prejudice to the generality of section 3(2), a licence to provide a domestic satellite service may authorise the provision of a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies.
(3) Subject to subsection (4), the following provisions, namely—
(a) sections 15 to 20,
(b) section 33, and
(c) sections 38 and 40 to 42,
shall apply in relation to a licence to provide a domestic satellite service as they apply in relation to a licence to provide a Channel 3 service.
(4) In its application in relation to a licence to provide a domestic satellite service—
(a) section 15(1) shall have effect with the omission of paragraph (b);
(b) section 16 shall have effect as if the licence were a licence to provide a regional Channel 3 licence, but with the omission of paragraphs (a) to (f) of subsection (2);
(c) section 18 shall have effect with the omission of subsections (3) to (5); and
(d) section 20 shall have effect—
(i) with the substitution in subsection (1) of “fifteen years” for “ten years” in both places where those words occur, and
(ii) with the omission of subsection (4)(b).
(1) An application for a licence to provide a non-domestic satellite service shall—
(a) be made in such manner as the Commission may determine; and
(b) be accompanied by such fee (if any) as they may determine.
(2) Where such an application is duly made to the Commission, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 6(1).
(3) Section 44(2) shall apply to a licence to provide a non-domestic satellite service as it applies to a licence to provide a domestic satellite service.
(4) Any licence granted by the Commission to provide a non-domestic satellite service shall (subject to the provisions of this Part) continue in force for a period of ten years.
(5) Subject to subsections (6) and (7), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.
(6) In its application in relation to a licence to provide a non-domestic satellite service, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be £50,000.
(7) Section 42 shall apply in relation to such a licence with the omission of subsection (7).
(8) The Secretary of State may by order amend subsection (6) by substituting a different sum for the sum for the time being specified there.
(9) Any order under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part “licensable programme service” means (subject to subsection (2)) a service consisting in the provision by any person of relevant programmes with a view to their being conveyed by means of a telecommunication system—
(a) for reception in two or more dwelling-houses in the United Kingdom otherwise than for the purpose of being received there by persons who have a business interest in receiving them, or
(b) for reception at any place, or for simultaneous reception at two or more places, in the United Kingdom for the purpose of being presented there either to members of the public or to a group or groups of persons some or all of whom do not have a business interest in receiving them,
whether the telecommunication system is run by the person so providing the programmes or by some other person, and whether the programmes are to be so conveyed as mentioned in paragraph (a) for simultaneous reception or for reception at different times in response to requests made by different users of the service.
(2) Subsection (1) does not apply to—
(a) a service where the programmes are provided for transmission in the course of the provision of a television broadcasting service or a non-domestic satellite service;
(b) a service where the running of the telecommunication system does not require to be licensed under Part II of the [1984 c. 12.] Telecommunications Act 1984; or
(c) a two-way service, that is to say a service of which it is an essential feature that while visual images or sounds (or both) are being conveyed by the person providing the service there will or may be sent from each place of reception, by means of the same telecommunication system or (as the case may be) the part of it by means of which they are conveyed, visual images or sounds (or both) for reception by the person providing the service or other persons receiving it (other than signals sent for the operation or control of the service).
(3) It is hereby declared that the person who does either or both of the following things, that is to say—
(a) uses a telecommunication system for conveying relevant programmes as mentioned in subsection (1), or
(b) runs a telecommunication system which is so used,
is not to be regarded as providing a licensable programme service in respect of any such programmes except to the extent that they are provided by that person with a view to their being so conveyed by means of that system.
(4) It is hereby also declared that where—
(a) any service constitutes such a service as is mentioned in subsection (1), and
(b) the relevant programmes in respect of which the service is provided are provided for transmission in the course of the provision of any additional service,
that service is licensable under section 47 as a licensable programme service, and not otherwise; and in this subsection “additional service” means an additional service within the meaning of this Part or Part III.
(5) In this section “relevant programme” means a television programme other than one consisting wholly or mainly of non-representational images (within the meaning of section 2(6)); and for the purposes of this section a person has a business interest in receiving programmes if he has an interest in receiving them for the purposes of his business, trade, profession or employment.
(1) An application for a licence to provide a licensable programme service shall—
(a) be made in such manner as the Commission may determine; and
(b) be accompanied by such fee (if any) as they may determine.
(2) Where such an application is duly made to the Commission, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 6(1) (whether the Commission were to make a determination under subsection (4) below or not).
(3) Any licence granted by the Commission to provide a licensable programme service shall (subject to the provisions of this Part) continue in force for such period not exceeding ten years as may be specified in the licence.
(4) If the Commission—
(a) are satisfied that a particular licensable programme service is to be provided with a view to its programmes being conveyed for reception only in a particular area or locality in the United Kingdom, and
(b) consider that it is appropriate to do so,
they may, when licensing the service, determine that section 6 shall, in its application in relation to that service, have effect subject to the modifications specified in subsection (5).
(5) The modifications of section 6 are as follows—
(a) the following paragraph shall be substituted for paragraph (c) of subsection (1)—
“(c) that undue prominence is not given in its programmes to the views and opinions of particular persons or bodies on matters of political or industrial controversy or relating to current public policy;”;
(b) the following subsection shall be substituted for subsection (2)—
“(2) In applying subsection (1)(c) to any licensed service, the programmes included in that service shall be taken as a whole.”;
and
(c) the following provisions shall be omitted, namely—
(i) subsections (3) and (5) to (7), and
(ii) in subsection (4), the words from the beginning to “subsection (1),”.
(6) The Commission shall—
(a) draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of section 6(1)(c) (as substituted by subsection (5) above) in relation to a service in respect of which a determination under subsection (4) above is in force; and
(b) do all that they can to secure that the provisions of the code are observed in the provision of any such service.
(7) The Commission shall publish the code drawn up under subsection (6), and every revision of it, in such manner as they consider appropriate.
(8) Subject to subsections (9) and (10), sections 40 to 42 shall apply in relation to a licence to provide a licensable programme service as they apply in relation to a licence to provide a Channel 3 service.
(9) In its application in relation to such a licence, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be £50,000.
(10) Section 42 shall apply in relation to such a licence with the omission of subsection (7).
(11) The Secretary of State may by order amend subsection (9) above by substituting a different sum for the sum for the time being specified there.
(12) Any order under subsection (11) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part “additional service” means any service which consists in the sending of telecommunication signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any television broadcasting service provided—
(a) on any frequency assigned under section 65(1) (other than a frequency which, in pursuance of section 73(2), is assigned by the Commission to a local delivery service within the meaning of Part II), or
(b) on any other allocated frequency notified to the Commission by the Secretary of State.
(2) For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be—
(a) where the service is provided on a frequency falling within subsection (1)(a) above, any part of those signals which is not required for the purposes of the provision of that service and is determined by the Commission to be available for the provision of additional services;
(b) where the service is provided on a frequency notified to the Commission under subsection (1)(b) above, such part of those signals as the Secretary of State may specify when making the notification;
and references in this Part to spare capacity shall be construed accordingly.
(3) The Commission shall, when determining under subsection (2)(a) the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency, have regard—
(a) if it is a frequency on which a Channel 3 service or Channel 5 is provided, to the obligations of the person providing that service as respects the provision of subtitling in accordance with conditions imposed in pursuance of section 35;
(b) if it is a frequency on which Channel 4 is provided, to the need for subtitling to be provided in connection with programmes on Channel 4; and
(c) if it is a frequency falling within either of paragraphs (a) and (b), to any need of the person providing the service in question to be able to use part of the signals carrying it for providing services (other than subtitling) which are ancillary to programmes included in the service and directly related to their contents.
(4) A person holding a licence to provide a Channel 3 service or Channel 4 or 5 shall be taken for the purposes of this Part to be authorised by his licence—
(a) to provide subtitling as mentioned in subsection (3)(a) or (b); and
(b) to provide any such services as are mentioned in subsection (3)(c).
(5) The Secretary of State may, when making any notification under subsection (1)(b), specify a date beyond which the frequency in question is not to be used for the provision of additional services; and any such notification shall accordingly cease to have effect on that date.
(6) In this section—
“allocated frequency” means a frequency allocated to the United Kingdom for the provision of television broadcasting services;
“subtitling” means subtitling for the deaf provided by means of a teletext service; and
“telecommunication signals” means anything falling within paragraphs (a) to (d) of section 4(1) of the [1984 c. 12.] Telecommunications Act 1984 (meaning of “telecommunication system”).
Broadcasting Act 1990