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Point in time view as at 16/10/2007.
There are outstanding changes not yet made to Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (Text with EEA relevance) (2007/730/EC). Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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the BBC;
the Welsh Authority;
the Commission; and
in relation to a relevant event, the person from whom the rights to televise that event may be acquired;
and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.
the persons mentioned in subsection 2; and
every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.
the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection 2 in relation to the proposed addition; or
the exercise of any rights acquired under such a contract.
such of the services specified in subsection 2 as are provided without any charge being made for the reception of programmes included in the service;
all televison programme services not for the time being falling within paragraph (a).
regional and national Channel 3 services;
Channel 4; and
the television broadcasting services provided by the BBC.
[…]
another person, who is providing a service falling within the other category set out in that subsection (the second service), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event; and
the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.
are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection 1 of section 101; and
are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection;
they may require him to pay, within a specified period, a specified financial penalty to the Commission.
provided them with information which was false in a material particular; or
withheld any material information with the intention of causing the Commission to be misled;
they may require him to pay, within a specified period, a specified financial penalty to the Commission.
‘the relevant consideration’ means an amount determined by the Commission as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question; and
‘the prescribed multiplier’ means such number as the Secretary of State may from time to time by order prescribe.
are satisfied that a broadcasting body has failed to comply with subsection 1 of section 101; and
are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,
they shall make a report on the matter to the Secretary of State.
provided them with information which was false in a material particular: or
withheld any material information with the intention of causing the Commission to be misled,
they shall make a report on the matter to the Secretary of State.
specifying 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 for the purposes of this Part; and
giving guidance as to the matters which they will take into account in determining:
whether to give or revoke their consent under section 101(1), or
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).
the BBC;
the Welsh Authority;
every person from whom the rights to televise a listed event may be acquired;
and
every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.
‘Channel 4’ has the same meaning as in Part I of the 1990 Act;
‘the Commission’ means the Independent Television Commission;
‘listed event’ has the meaning given by section 97(1);
‘live’ shall be construed in accordance with the code drawn up under section 104;
‘national Channel 3 service’ and ‘regional Channel 3 service’ have the same meaning as in Part I of the 1990 Act;
‘television broadcasting service’ has the same meaning as in Part I of the 1990 Act;
‘television programme provider’ has the meaning given by section 99(2);
‘television programme service’ has the same meaning as in Part I of the 1990 Act.
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