The Television Multiplex Services (Reservation of Digital Capacity) Order 2008

Modifications of the 1996 Act

11.—(1) Section 12 of the 1996 Act (conditions in television multiplex licences) shall have effect in relation to the Multiplex A licence, the Multiplex B licence and the Multiplex 2 licence with the following modifications.

(2) In that section, in relation to those licences—

(a) subsection (1)(e) (which provides that a multiplex licence shall include conditions appropriate for securing that the licence holder does not unduly discriminate between broadcasters) shall have effect as if it were expressed to have effect subject to this Order; and

(b) subsection (2) (which provides that certain conditions of a multiplex licence can be varied only with the holder’s consent) and subsection (3) (which provides that, subject to a proviso, OFCOM must grant applications for certain variations) shall not apply to any variation to a television multiplex licence made pursuant to this Order.

(3) Section 12(1)(f) of the 1996 Act (which provides that a multiplex licence shall include conditions appropriate for securing that the licence holder does not restrict the freedom of any person entitled to use capacity on the multiplex to arrange for another person to use that capacity) shall have effect in relation to those licences as if—

(a) it required any condition included in the licence by OFCOM by virtue of it to have effect subject to any conditions so included by virtue of this Order; and

(b) it provided that those licences may in particular contain such conditions as OFCOM consider appropriate for securing that the holder does not, without OFCOM’s prior consent, use any of the capacity reserved by virtue of this Order otherwise than for the broadcasting of services provided by—

(i) any holder of a Channel 3 licence, or any two or more holders of such licences acting together, or any body corporate which is controlled either by the holder of a Channel 3 licence or by two or more holders of such licences acting together;

(ii) the holder of a licence to provide Channel 5 or any body corporate which is controlled by the holder of such a licence;

(iii) C4C or a body corporate which is controlled by C4C;

(iv) the public teletext provider or any body corporate which is controlled by it;

(v) the BBC or a body corporate which is controlled by the BBC; or

(vi) the Welsh Authority or a body corporate which is controlled by that Authority.