Broadcasting Act 1990

Effect of relevant licences

1 (1) Subject to sub-paragraph (4) below, a relevant licence shall have effect only so as to authorise the provision of a service consisting in the use of a telecommunication system for the purpose of the delivery of one or more of the following, namely—

(a) any of the services specified in section 72(2) of this Act, or

(b) any television or local sound broadcasting service provided by the Commission or the Radio Authority in accordance with Schedule 11 to this Act,

for simultaneous reception in dwelling-houses in the area for which the licensed service is to be provided.

(2) Accordingly the holder of any such licence shall not be subject to regulation under Part I or Part III of this Act as respects the programmes included in any service delivered by the telecommunication system in question except—

(a) to the extent that he is to be regarded for the purposes of that Part of this Act as providing any such service, or

(b) in the case of Part I, in consequence of sub-paragraph (3)(b) below.

(3) In section 79 of this Act—

(a) subsection (1) shall apply to the holder of a relevant licence and the service authorised to be provided under such a licence (“a licensed diffusion service”) as it applies to the holder of a local delivery licence and his local delivery service; and

(b) subsections (2) and (3) shall apply to a licensed diffusion service as they apply to a licensed local delivery service.

(4) The holder of a relevant licence shall be taken to be authorised by his licence to include in his licensed diffusion service advertisements which are inserted by him and are not included in any service falling within section 72(2) of this Act; but, if any such advertisements are so included by him, sections 8 and 9 of this Act shall have effect as if the delivery of those advertisements constituted the provision of a service licensed under Part I of this Act and he were the holder of a licence in force under that Part.

(5) Section 80 of this Act shall apply to the holder of a relevant licence as it applies to the holder of a local delivery licence.

(6) Section 82(1) of this Act shall not apply to any local delivery service which is a licensed diffusion service.