Office of Public Sector Information
PART 3 continued CHAPTER 4 continued
(3) The networking date must be the date by which, in OFCOM’s opinion, the networking arrangements must have been entered into if approved networking arrangements are to be fully in force before the persons awarded licences begin to provide their licensed services.
(4) If—
(a) no suitable networking arrangements exist by the networking date, or
(b) the suitable networking arrangements that exist at that date cease to apply to all regional Channel 3 providers on or after that date,
OFCOM may impose on all regional Channel 3 providers the networking arrangements that OFCOM consider appropriate.
(5) For the purposes of subsection (4) arrangements are suitable networking arrangements if it appears to OFCOM that they—
(a) have been submitted to them for approval or have been approved by them; and
(b) will be in force as approved networking arrangements when the persons awarded licences begin to provide their licensed services.
(6) Arrangements imposed under this section come into force on the date determined by OFCOM.
(7) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder complies with the provisions of any networking arrangements imposed under this section.
(8) Where—
(a) networking arrangements are imposed under this section,
(b) other networking arrangements are entered into between the licence holders bound by the imposed arrangements, and
(c) the other arrangements entered into are approved by OFCOM,
the imposed arrangements shall cease to have effect on the coming into force of the other arrangements as approved networking arrangements.
(9) In this section—
“approved networking arrangements” has the same meaning as in section 291; and
“regional Channel 3 providers” means persons who will be licensed to provide regional Channel 3 services and will be providing such services when the licences to be awarded come into force.
(1) It shall be the duty of OFCOM from time to time to carry out general reviews of the networking arrangements (whether approved or imposed by OFCOM) that are in force.
(2) The first such review must be carried out no later than six months after the date on which the offers made under section 215(1) close or (if those offers close on different dates) the latest of those dates.
(3) Every subsequent review must be carried out no more than one year after the previous one.
(4) OFCOM may also, at any other time, carry out a review of whether those arrangements continue to satisfy one of the two competition tests set out in paragraph 6 of Schedule 11.
(5) If, on a review under this section, OFCOM are satisfied that modifications are required of the networking arrangements for the time being in force, they may—
(a) require the holders of regional Channel 3 licences to give effect to the modifications proposed by OFCOM; or
(b) in the case of arrangements imposed by OFCOM, make those modifications themselves.
(6) OFCOM must not exercise any of their powers under this Act or the 1990 Act so as to modify the requirements imposed on the holder of a regional Channel 3 licence by approved networking arrangements that are already in force except—
(a) following a review under this section; or
(b) with the consent of the licence holder.
(7) The regulatory regime for every Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder does all that he can to ensure that modifications proposed by OFCOM under this section are given effect to.
(8) In this section “approved networking arrangements” has the same meaning as in section 291.
(1) Schedule 11 (which makes provision about the approval of networking arrangements and the imposition or modification of such arrangements) shall have effect.
(2) The obligations arising under conditions imposed in accordance with sections 291 to 293 are subject to the rights of appeal conferred by that Schedule.
(1) The regulatory regime for Channel 4 includes a condition requiring C4C not to be involved, except to such extent as OFCOM may allow, in the making of programmes to be broadcast on Channel 4.
(2) In this section “programme” does not include an advertisement.
(1) The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing that what appears to them to be a suitable proportion of the programmes which are included in Channel 4 are schools programmes.
(2) A licence under the 1990 Act to provide Channel 4 may also include conditions authorised by the following provisions of this section.
(3) The conditions authorised by this section include conditions requiring C4C—
(a) to finance the production of schools programmes; and
(b) to acquire schools programmes provided by other persons.
(4) The conditions authorised by this section include conditions requiring C4C to ensure that schools programmes on Channel 4—
(a) are of high quality; and
(b) are suitable to meet the needs of schools throughout the United Kingdom.
(5) The conditions authorised by this section include conditions specifying the minimum number of hours in term time, or within normal school hours, that are to be allocated to the broadcasting of schools programmes on Channel 4.
(6) The conditions authorised by this section include conditions requiring C4C to provide such material for use in connection with the schools programmes broadcast by them as may be necessary to secure that effective use is made of those programmes in schools.
(7) The conditions authorised by this section include conditions requiring C4C from time to time to consult such persons who—
(a) are concerned with schools or with the production of schools programmes, or
(b) have an interest in schools or in the production of schools programmes,
as OFCOM think fit.
(8) Before imposing a condition under this section, OFCOM must consult C4C.
(9) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).
(10) In determining for the purposes of subsection (1) what proportion of the programmes included in Channel 4 should be schools programmes, OFCOM must take into account services, facilities and materials which C4C provide to schools, or make available for schools, otherwise than by the inclusion of programmes in Channel 4.
(11) Section 34 of the 1990 Act (requirement as to schools programmes in relation to all licensed public service channels taken together) shall cease to have effect.
(12) In this section “schools programmes” means programmes which are intended for use in schools.
(1) Section 185 of the 1990 Act (contributions towards maintenance of the national television archive) shall be amended as follows.
(2) In subsections (1) and (3), after “Channel 3” there shall be inserted “, Channel 4”.
(3) In subsection (5), at the end there shall be inserted—
““Channel 4 licence” means—
(a) the licence referred to in section 231(1)(b) of the Communications Act 2003; and
(b) a licence renewing that licence on the first or any subsequent occasion.”
(4) This section has effect in relation only to financial years beginning after the television transfer date.
The regulatory regime for the public teletext service includes the conditions that OFCOM consider appropriate for securing that the provision of so much of the public teletext service as is provided in analogue form does not cause interference with—
(a) the television broadcasting service or services on whose frequency or frequencies it is provided; or
(b) any other wireless telegraphy transmissions.
(1) For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there shall be substituted—
“(1) The Secretary of State may, for the purposes of this Part, maintain a list of sporting and other events of national interest, and an event for the time being included in the list is referred to in this Part as a “listed event”.
(1A) A list maintained under subsection (1) must be divided into two categories, and those categories are referred to in this Part as “Group A” and “Group B”.
(1B) Each listed event must be allocated either to Group A or to Group B.
(2) Before drawing up such a list, or revising or ceasing to maintain it, the Secretary of State must consult—
(a) OFCOM,
(b) the BBC,
(c) the Welsh Authority, and
(d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired.
(2A) For the purposes of subsection (2)(d), a relevant event is an event which the Secretary of State proposes—
(a) to include in a list maintained under subsection (1),
(b) to omit from such a list, or
(c) to move from one category in such a list to the other.”
(2) In subsection (3)(b) of that section, the words “by the Commission” and “by them” shall be omitted.
(3) In subsection (5) of that section—
(a) for the words “addition of any relevant event to” there shall be substituted “inclusion of any event in”; and
(b) in paragraph (a), for “addition” there shall be substituted “inclusion”.
(4) After that subsection, there shall be inserted—
“(5A) The allocation or transfer of an event to group A does not affect the validity of a contract entered into before the day on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed allocation or transfer.
(5B) The Secretary of State may direct that, for the transitional purposes set out in the direction, the transfer of a Group B event to Group A is not to affect the application to that event of provisions of this Part relating to a Group B event.”
(1) In section 99(1) of the 1996 Act (avoidance of contracts for exclusive rights to televise listed events), for “listed event” there shall be substituted “Group A listed event”.
(2) In section 101 of that Act (restriction on televising of listed events), for subsection (1) there shall be substituted—
“(1) A television programme provider who—
(a) is providing a service (“the first service”) falling within either category, and
(b) is providing it with a view to its being available (within the meaning of Part 3 of the Communications Act 2003) for reception by members of the public in the United Kingdom, or in any area of the United Kingdom,
must not include live coverage of a listed event in that service unless it is authorised by subsection (1A), (1B) or (1C).
(1A) Live coverage of a listed event is authorised by this subsection if—
(a) a television programme provider (other than the provider of the first service) has acquired the right to include live coverage of the event in his service (“the second service”); and
(b) the second service—
(i) falls into a different category from the first service, and
(ii) is provided for an area that consists of or includes all or almost all of the area for which the first service is provided.
(1B) Live coverage of a listed event is authorised by this subsection if OFCOM have consented in advance to inclusion of that coverage in the first service.
(1C) Live coverage of a listed event is authorised by this subsection if—
(a) the listed event is a Group B event,
(b) rights to provide coverage of the event have been acquired by one or more persons in addition to the provider of the first service,
(c) that additional coverage constitutes adequate alternative coverage of the event, and
(d) the person or persons who have acquired rights to provide the additional coverage satisfy the requirements in relation to that coverage of any regulations made under section 104ZA for the purposes of this paragraph.
(1D) Subsections (1) to (1C) apply to the coverage of a part of a listed event as they apply to the coverage of the whole of that event.”
(3) In subsection (2) of that section, for “under subsection (1)” there shall be substituted “for the purposes of subsection (1B).”
(4) After subsection (4) of that section there shall be inserted—
“(5) References in this section to a category of service are references to a category of service set out in section 98(1).”
(5) In section 102(2) of that Act (penalties), for “under subsection (1) of section 101” there shall be substituted “for the purposes of section 101(1B)”.
(6) In section 103(2) of that Act (reports to the Secretary of State), for “under subsection (1) of section 101” there shall be substituted “for the purposes of section 101(1B)”.
(1) For subsection (1) of section 104 of the 1996 Act (code in relation to listed events) there shall be substituted—
“(1) OFCOM shall draw up, and may from time to time revise, a code giving guidance—
(a) as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1); and
(b) as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1).”
(2) Where OFCOM are required to draw up a code by virtue of this section—
(a) they shall do so as soon as practicable after the commencement of this section; but
(b) the code shall have no effect in relation to any time before the commencement of section 300 of this Act.
(1) After section 104 of the 1996 Act there shall be inserted—
(1) OFCOM may make regulations for determining for the purposes of this Part—
(a) the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live;
(b) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and
(c) the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage.
(2) The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B.
(3) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.”
(2) In section 105(1) (interpretation of Part 4), before the definition of “Channel 4” there shall be inserted—
““adequate alternative coverage” and “live” are to be construed in accordance with any regulations under section 104ZA;”.
(1) It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to—
(a) the extent to which the services to which this section applies should promote the understanding and enjoyment by—
(i) persons who are deaf or hard of hearing,
(ii) persons who are blind or partially-sighted, and
(iii) persons with a dual sensory impairment,
of the programmes to be included in such services; and
(b) the means by which such understanding and enjoyment should be promoted.
(2) The code must include provision for securing that every provider of a service to which this section applies ensures that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.
(3) The code must also require that, from the fifth and tenth anniversaries of the relevant date, the obligations in subsections (4) and (5), respectively, must be fulfilled by reference to averages computed over each of the following—
(a) the twelve month period beginning with the anniversary in question; and
(b) every twelve month period ending one week after the end of the previous period for which an average fell to be computed.
(4) The obligation to be fulfilled from the fifth anniversary of the relevant date is that at least 60 per cent. of so much of every service which—
(a) is a service to which this section applies, and
(b) has a relevant date after the passing of this Act,
as consists of programmes that are not excluded programmes must be accompanied by subtitling.
(5) The obligations to be fulfilled from the tenth anniversary of the relevant date are—
(a) that at least 90 per cent. of so much of a Channel 3 service or of Channel 4 as consists of programmes that are not excluded programmes must be accompanied by subtitling;
(b) that at least 80 per cent. of so much of every other service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by subtitling;
(c) that at least 10 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by audio-description for the blind; and
(d) that at least 5 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be presented in, or translated into, sign language.
(6) A reference in subsection (4) or in any paragraph of subsection (5) to excluded programmes is a reference to programmes of the description for the time being set out under subsection (7) in relation to that subsection or paragraph and also in relation to the service in question.
(7) The code must set out, in relation to subsection (4) and each of the paragraphs of subsection (5), the descriptions of programmes that OFCOM consider should be excluded programmes for the purposes of the requirement contained in that subsection or paragraph.
(8) In complying with subsection (7), OFCOM must have regard, in particular, to—
(a) the extent of the benefit which would be conferred by the provision of assistance for disabled people in relation to the programmes;
(b) the size of the intended audience for the programmes;
(c) the number of persons who would be likely to benefit from the assistance and the extent of the likely benefit in each case;
(d) the extent to which members of the intended audience for the programmes are resident in places outside the United Kingdom;
(e) the technical difficulty of providing the assistance; and
(f) the cost, in the context of the matters mentioned in paragraphs (a) to (e), of providing the assistance.
(9) The exclusions that may be set out in the code under subsection (7)—
(a) may include different descriptions of programmes in relation to different services to which this section applies; and
(b) in the case of a service which OFCOM are satisfied (having regard to the matters mentioned in subsection (8)) is a special case, may include all the programmes included in the service.
(10) The requirements that may be imposed by the code include, in particular—
(a) requirements on persons providing services to which this section applies to meet interim targets falling within subsection (11), from dates falling before an anniversary mentioned in subsection (3);
(b) requirements on persons providing such services to meet further targets from dates falling after the anniversary mentioned in subsection (5); and
(c) requirements with respect to the provision of assistance for disabled people in relation to excluded programmes, or in relation to a particular description of them.
(11) The interim targets mentioned in subsection (10)(a) are the targets with respect to the provision of assistance for disabled people which OFCOM consider it appropriate to impose as targets on the way to meeting the targets imposed in pursuance of subsection (3).
(12) This section applies to the following services—
(a) S4C Digital or any other television programme service provided by the Welsh Authority for broadcasting in digital form so as to be available for reception by members of the public;
(b) any licensed public service channel;
(c) a digital television programme service but not an electronic programme guide;
(d) a television licensable content service but not an electronic programme guide;
(e) a restricted television service.
(13) In this section—
“electronic programme guide” means a service which—
is or is included in a television licensable content service or a digital television programme service; and
consists of—
the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and
a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide;
“programme” does not include an advertisement.
(1) Before drawing up a code under section 303 or reviewing or revising it in pursuance of that section, OFCOM must consult—
(a) such persons appearing to them to represent the interests of persons falling within subsection (1)(a)(i), (ii) or (iii) of that section as OFCOM think fit; and
(b) such persons providing services to which that section applies as OFCOM think fit.
(2) OFCOM must publish the code drawn up under section 303, and every revision of it, in such manner as, having regard to the need to make the code or revision accessible to—
(a) persons who are deaf or hard of hearing,
(b) persons who are blind or partially sighted, and
(c) persons with a dual sensory impairment,
they consider appropriate.
(1) In relation to a service, the relevant date for the purposes of section 303 is—
(a) in a case to which any of subsections (2) to (4) applies, the date given by that subsection; and
(b) in any other case, the date (whether before or after the passing of this Act) when the provision of that service began or begins.
(2) In the case of a service the provision of which began before the television transfer date but which is not—
(a) a service provided by the Welsh Authority,
(b) a licensed public service channel, or
(c) a digital television programme service,
the relevant date is the date of the coming into force of this section.
(3) In the case of—
(a) a Channel 3 service the provision of which began before the date of the passing of this Act, and
(b) Channel 4 and S4C Digital,
the relevant date is 1st January 2000.
(4) In the case of Channel 5, so far as it consists of a service the provision of which began before the date of the passing of this Act, the relevant date is 1st January 1998.
(5) OFCOM may determine that a service provided by a person is to be treated for the purposes of section 303 and this section as a continuation of a service previously provided by him.
(1) Where it appears to the Secretary of State, in the case of services of a particular description, that the obligation specified in section 303(4) has been or is likely to be fulfilled in their case before the anniversary so specified, he may by order modify section 303 so as to do one or both of the following—
(a) increase the percentage so specified in relation to services of that description;
(b) substitute a different anniversary for the anniversary by which that obligation must be fulfilled in the case of such services.
(2) The Secretary of State may by order modify section 303 so as to do one or both of the following—
(a) substitute a later anniversary for the anniversary by which the obligations specified in subsection (5) of that section must be fulfilled;
(b) substitute a higher percentage for the percentage for the time being specified in any paragraph of that subsection.
(3) The provision that may be made by an order under this section includes—
(a) modifications for requiring the code to set out additional obligations to be fulfilled once the obligations previously required to be set out in the code have been fulfilled; and
(b) savings for the obligations previously set out in the code.
(4) Before making an order under this section the Secretary of State must consult OFCOM.
(5) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) The regulatory regime for every service to which this section applies includes the conditions that OFCOM consider appropriate for securing that the code maintained by them under section 303 is observed in the provision of those services.
(2) This section applies to every service to which section 303 applies which is licensed by a Broadcasting Act licence.
The regulatory regime for the public teletext service includes the conditions that OFCOM consider appropriate for securing, so far as it is reasonable and practicable, by the inclusion of features in that service, to do so, that persons with disabilities affecting their sight are able to make use of the service.
(1) The regulatory regime for every digital television programme service that is not comprised in a licensed public service channel includes the conditions that OFCOM consider appropriate for securing that, in each year, not less than 10 per cent. of the total amount of time allocated to the broadcasting of qualifying programmes included in the service is allocated to the broadcasting of a range and diversity of independent productions.
Communications Act 2003