Office of Public Sector Information
(1) In this Part “multiplex service” means a service provided by any person which consists in the broadcasting for general reception of two or more services specified in subsection (3) by combining the relevant information in digital form, together with any broadcasting in digital form of digital additional services (as defined by section 24(1)).
(2) A service in respect of which a licence under section 7 is in force is not prevented from being a multiplex service at a particular time merely because only one service specified in subsection (3) is being broadcast in digital form at that time.
(3) The services referred to in subsections (1) and (2) are—
(a) a digital programme service (as defined by subsection (4)), or
(b) a qualifying service (as defined by section 2(2)).
(4) In this Part “digital programme service” means 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 for general reception, whether by him or by some other person, but does not include—
(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.
(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—
by satellite, or
in the provision of a local delivery service (as defined by section 72(1) of the 1990 Act), and
“for general reception” means for general reception in, or in any area in, the United Kingdom.
(1) In this Part “independent analogue broadcaster” means—
(a) the Channel Four Television Corporation,
(b) the Welsh Authority,
(c) any person who holds a Channel 3 licence or a Channel 5 licence, or
(d) the public teletext provider.
(2) Subject to subsections (4) and (5), in this Part “qualifying service” means any service which—
(a) is provided by an independent analogue broadcaster falling within paragraph (a) or (c) of subsection (1) who has notified the Commission, within the period of one month beginning with the commencement of this section, of his intention to provide a service specified in subsection (3) (“the corresponding analogue service”) for broadcasting in digital form, and
(b) as respects the programmes included in the service and the times at which they are broadcast, is identical with the corresponding analogue service.
(3) The services referred to in subsection (2) are—
(a) Channel 4, and
(b) any Channel 3 service or Channel 5.
(4) If the Welsh Authority notify the Commission, within the period of one month beginning with the commencement of this section, of their intention to provide S4C Digital, S4C Digital shall be a qualifying service for the purposes of this Part.
(5) If—
(a) the public teletext provider notifies the Commission, within the period of one month beginning with the commencement of this section, of his intention to provide a teletext service for broadcasting in digital form, and
(b) the Commission consent under section 30 to his provision of that service,
that service (in this Part referred to as “the qualifying teletext service”) shall be a qualifying service for the purposes of this Part.
(6) In this Part “public teletext provider” means the person who holds the additional services licence (within the meaning of Part I of the 1990 Act) which relates to the teletext service referred to in section 49(2) of that Act.
(7) In subsection (2) “programme” does not include an advertisement.
(1) Any licence granted by the Independent Television Commission (in this Part referred to as “the Commission”) 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) The Commission—
(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) The Commission 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 the Commission 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 the Commission.
(7) Without prejudice to the generality of subsection (6), the Commission 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 any person of a licence to provide any service shall not relieve him of any requirement to hold a licence under section 1 of the [1949 c. 54.] Wireless Telegraphy Act 1949 or section 7 of the [1984 c. 12.] Telecommunications Act 1984 in connection with the provision of that service.
(1) A licence may include—
(a) such conditions as appear to the Commission to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under the 1990 Act or this Act;
(b) conditions requiring the payment by the licence holder to the Commission (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 the Commission, 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 the 1990 Act or this Act;
(d) conditions providing for such incidental and supplemental matters as appear to the Commission to be appropriate.
(2) A licence may in particular include conditions requiring the licence holder—
(a) to comply with any direction given by the Commission as to such matters as are specified in the licence or are of a description so specified, or
(b) (except to the extent that the Commission 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 the Commission by virtue of subsection (1)(b) shall be in accordance with such tariff as may from time to time be fixed by the Commission; and the amount of any fee which is to be so paid by the holder of a licence of a particular class or description shall be such as to represent what appears to the Commission to be the appropriate contribution of the holder of such a licence towards meeting the sums which the Commission regard as necessary in order to discharge their duty under paragraph 12(1) of Schedule 1 to the 1990 Act.
(4) A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and the Commission 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 the Commission 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).
(1) The Commission 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 any requirements imposed by or under Parts III to V of that Schedule (as so amended) are complied with by or in relation to persons holding licences in relation to which those requirements apply.
(2) The Commission 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;
(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 the Commission—
(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 the Commission 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 the Commission 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,
the Commission 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) The Commission shall not serve any such notice on the licence holder unless—
(a) they have notified him of the matters complained of 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 Parts III and IV of Schedule 2 to the 1990 Act 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) a change in the percentage of total audience time attributable to one or more services for the purposes of paragraph 2 of Part III of Schedule 2 to the 1990 Act,
(b) a change in the national market share (within the meaning of Part IV of that Schedule) 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 that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).
(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 failure to comply with any requirement imposed by or under Schedule 2 to the 1990 Act,
being (in any case) a change which is such that, if it fell to the Commission 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.
(1) The Secretary of State may by notice assign to the Commission, for the purpose of the provision of multiplex services falling to be licensed by them under this Part, such frequencies as he may determine; and any frequency so assigned shall be taken to be so assigned for the purpose only of being used for the provision of one or more of those services.
(2) Any frequency assigned by the Secretary of State under subsection (1) may be so assigned for use only in such area or areas as may be specified by the Secretary of State when making the assignment.
(3) The Secretary of State may by notice revoke the assignment under subsection (1) of any frequency specified in the notice, whether or not the frequency is for the time being one on which there is being provided a multiplex service licensed under this Part.
(1) Where the Commission 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 the Commission 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) the Commission 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), the Commission—
(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,
(d) the applicant’s proposals as to the timetable in accordance with which the broadcasting of each of those services 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 the Commission 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 the Commission 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, the Commission 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 the Commission under this section shall, if they so require, be in such form or verified in such manner as they may specify.
(8) The Commission shall, as soon as reasonably practicable after the date specified in a notice under subsection (1) as the closing date for applications, publish in such manner as they consider appropriate—
(a) the following matters, namely—
(i) the name of every person who has made an application to them in pursuance of the notice,
(ii) the proposals submitted by him under subsection (4)(c), and
(iii) such other information connected with his application as the Commission consider appropriate; and
(b) a notice—
(i) inviting representations to be made to them with respect to any of the applications, and
(ii) specifying the manner in which, and the time by which, any such representations are to be so made.
(1) Where the Commission have published a notice under section 7(1), they shall in determining whether, or to whom, to award the multiplex licence in question, have regard to the extent to which, taking into account the matters specified in subsection (2) and any representations made to them in pursuance of section 7(8)(b) with respect to those matters, the award of the licence to each applicant would be calculated to promote the development of digital television broadcasting in the United Kingdom otherwise than by satellite.
(2) The matters referred to in subsection (1) are—
(a) the extent of the coverage area proposed to be achieved by the applicant as indicated in the technical plan submitted by him under section 7(4)(b),
(b) the timetables proposed by the applicant under section 7(4)(b)(ii) and (d),
(c) the ability of the applicant to establish the proposed service and to maintain it throughout the period for which the licence will be in force,
(d) the capacity of the digital programme services proposed to be included in the service to appeal to a variety of tastes and interests,
(e) any proposals by the applicant 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, and
(f) whether, in contracting or offering to contract with persons providing digital programme services or digital additional services, the applicant has acted in a manner calculated to ensure fair and effective competition in the provision of such services.
(3) In subsection (2)(e) “acquisition” includes acquisition on hire or loan.
(4) Where the Commission have awarded a multiplex licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—
(a) publish in such manner as they consider appropriate—
(i) the name of the person to whom the licence has been awarded, and
(ii) such other information as the Commission consider appropriate, and
(b) grant the licence to that person.
(1) The Commission may, before publishing a notice under section 7(1), determine that two or more multiplex licences are on that occasion to be granted to one person.
(2) Where the Commission have so determined, they shall publish a single notice under section 7(1) in relation to the licences.
(3) In relation to any application made in pursuance of such a notice—
(a) references in section 7(4) to the proposed service shall have effect as references to each of the proposed services,
(b) the reference in section 8(1) to the multiplex licence shall have effect as a reference to all the licences concerned,
(c) in section 8(2), the reference in paragraph (d) to the proposed service shall have effect as a reference to all the proposed services considered together, and other references to the proposed service shall have effect as references either to each of the proposed services or to all of them considered together, as the Commission consider appropriate.
(4) Nothing in this section applies in relation to the renewal of a multiplex licence.
(1) The Commission may, when awarding a multiplex licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to—
(a) any duties which are or may be imposed on them, or on the licence holder, by or under the 1990 Act or this Act, and
(b) any information provided to them under section 7(4)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force.
(2) Where the Commission determine that any condition imposed by them in relation to a multiplex licence in pursuance of subsection (1) has not been satisfied, section 8 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it.
(3) Section 8 shall not so have effect if the Commission decide that it would be desirable to publish a fresh notice under section 7(1) in respect of the grant of the licence.
(1) Subject to subsection (2), subsection (3) applies where at any time after a multiplex licence has been granted to any person but before the licence has come into force—
(a) that person indicates to the Commission that he does not intend to provide the service in question, or
(b) the Commission for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force.
(2) Subsection (3) shall not apply in the case of any person by virtue of paragraph (b) of subsection (1) unless the Commission have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
(3) Where this subsection applies—
(a) the Commission shall serve on the person to whom the licence has been granted a notice revoking the licence as from the time the notice is served on him, and
(b) section 8 shall (subject to subsection (4)) have effect as if he had not made an application for the licence.
(4) Section 8 shall not have effect as mentioned in subsection (3) if the Commission decide that it would be desirable to publish a fresh notice under section 7(1) in respect of the grant of the licence.
(5) Where the Commission revoke a multiplex licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, a specified financial penalty not exceeding whichever is the greater of—
(a) £50,000, or
(b) the prescribed amount.
(6) In subsection (5) “the prescribed amount” means—
(a) where—
(i) the licence is revoked under this section, or
(ii) the first complete accounting period of the licence holder falling within the period for which the licence is in force has not yet ended,
7 per cent. of the amount which the Commission estimate would have been the multiplex revenue for that accounting period (as determined in accordance with section 14), and
(b) in any other case, 7 per cent. of the multiplex revenue for the last complete accounting period of the licence holder so falling (as so determined).
(7) Any financial penalty payable by any body by virtue of subsection (5) shall, in addition to being recoverable from that body as provided by section 38(4), be recoverable by the Commission as a debt due to them from any person who controls that body.
(1) A multiplex licence shall include such conditions as appear to the Commission to be appropriate for securing—
(a) that the licensed service is established by the licence holder in accordance with the timetable and other proposals indicated in the technical plan submitted under section 7(4)(b),
(b) the implementation of any proposals submitted by the licence holder under section 7(4)(c), (d), (e) or (f),
(c) that all digital programme services broadcast under the licence are provided by the holder of a licence under section 18,
(d) that all digital additional services broadcast under the licence are provided by the holder of a licence under section 25,
(e) that in the terms on which the licence holder contracts, or offers to contract, for the broadcasting of digital programme services or digital additional services, he does not show undue discrimination either against or in favour of a particular person providing such a service or a class of such persons,
(f) that the licence holder does not, in any agreement with a person providing a digital programme service or digital additional services which entitles that person to use a specified amount of digital capacity on the frequency or frequencies to which the licence relates, restrict that person’s freedom to make arrangements with some other person as to the use of any of that digital capacity (except to the extent that the restriction is reasonably required for the purpose of ensuring the technical quality of the broadcasts or for the purpose of securing compliance with any other condition of the licence),
(g) that the signals carrying the multiplex service attain high standards in terms of technical quality and reliability throughout so much of the area for which the service is provided as is for the time being reasonably practicable, and
(h) that, while the licence is in force, at least 90 per cent. of digital capacity on the frequency or frequencies to which the licence relates is available for the broadcasting of digital programme services, qualifying services, programme-related services or relevant technical services.
(2) Any conditions imposed in pursuance of subsection (1)(a) or (b) may be varied by the Commission with the consent of the licence holder (and section 3(4)(b) shall accordingly not apply to any such variation).
(3) Where the licence holder applies to the Commission for the variation of any condition imposed in pursuance of subsection (1)(b) and relating to the characteristics of any of the digital programme services to be broadcast under the licence, the Commission shall vary the condition accordingly unless it appears to them that, if the application were granted, the capacity of the digital programme services broadcast under the licence to appeal to a variety of tastes and interests would be unacceptably diminished.
(4) In subsection (1)(h)—
(a) “qualifying service” does not include the qualifying teletext service,
(b) “programme-related service” means any digital additional service consisting in the provision of services (apart from advertising) which—
(i) are ancillary to the programmes included in one or more television programme services (within the meaning of Part I of the 1990 Act) and are directly related to the contents of those programmes, or
(ii) relate to the promotion or listing of such programmes, and
(c) “relevant technical service” means any technical service which relates to one or more digital programme services.
(5) The Secretary of State may by order amend subsection (1)(h) by substituting for the percentage for the time being specified there a different percentage specified in the order.
(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) Section 10 of the 1990 Act (Government control over licensed services) shall apply in relation to a multiplex service licensed under this Part as it applies in relation to a service licensed under Part I of that Act.
Broadcasting Act 1996