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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)

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Changes over time for: Division Regulation 3

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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), Division Regulation 3 is up to date with all changes known to be in force on or before 28 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Regulation 3Amendments of broadcasting act 1996: sporting and other events of national interestU.K.

1.For section 98 there is substituted:U.K.
Categories of serviceU.K.
98. (1) For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows:
(2)In this section, ‘the qualifying conditions’, in relation to a service, means the conditions:U.K.
(a)

that the service is provided without any consideration being required for reception of the service, and

(b)

that the service is received by at least 95 % of the population of the United Kingdom.

(3)There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a television licence, as defined by section 1(7) of the Wireless Telegraphy Act 1949.U.K.
(4)The condition in subsection (2)(b):U.K.
(a)

is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

(b)

is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

(5)The Commission shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions.U.K.
(6)In this section, ‘EEA satellite service’ means any service which:U.K.
(a)

consists in the transmission for general reception of television programmes by satellite, and

(b)

is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom.

[…]

3.In Section 101 (restriction on televising of listed event), in subsection (1), for ‘person’, in the first place where it occurs, there is substituted ‘television programme provider’.U.K.

[…]

9.In section 105(1) (interpretation of Part IV):U.K.
(a)

after the definition of ‘the Commission’ there is inserted: ‘designated event, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;’;

(b)

in the definition of ‘live’, before ‘shall’ there is inserted ‘in relation to the televising of a listed event’; and

(c)

after the definition of ‘national Channel 3 service’ and ‘regional Channel 3 service’ there is inserted: ‘S4C has the same meaning as in Part I of the 1990 Act;’

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