Broadcasting Act 1990

Power to impose additional limits in relation to licences to provide television or radio services E+W+S+N.I.

F1 16 (1) The Secretary of State may, in the case of— E+W+S+N.I.

(a) any category of relevant services specified in paragraph [F2 1(2)(b), (d) or (f)], or

(b) any category of relevant services specified in paragraph 1(3)(c) or (e),

by order prescribe the maximum number of licences which may at any time be held by any one person to provide relevant services falling within that category.

(2) The Secretary of State may by order impose, in relation to any category of relevant services specified in paragraph 1(2)(a) or (b) or paragraph 1(3)(a), (b) or (f) or under sub-paragraph (1), limits on the holding of licences to provide relevant services falling within that category which are additional to the limits specified in paragraphs 2 to 15 or under that sub-paragraph and are framed—

(a) by reference to any specified circumstances relating to the holders of the licences in question or to the services to be provided under them, or

(b) (in the case of licences granted by the Commission) by reference to matters determined by them under the order.

(3) Without prejudice to the generality of sub-paragraph (2), an order made under that sub-paragraph may impose on the holder of a licence to provide any specified category of relevant services specified in paragraph 1(3) limits framed (directly or indirectly) by reference to either or both of the following matters, namely—

(a) the number of licences of any one or more specified descriptions which are held by him or by any body controlled by him; and

(b) his participation, to any specified extent, in any body corporate which is the holder of any licence or licences of any one or more such descriptions.

(4) Where a person holds—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a licence to provide a [F4 satellite television] service, or

(c) a licence to provide a satellite radio service,

which, in accordance with section F5 . . ., 45(3) or 86(2), authorises the provision of a multichannel service, he shall be treated for the purposes of any order under sub-paragraph (1) as holding such number of licences to provide [F6 satellite television services] or (as the case may be) satellite radio services as corresponds to the number of channels on which the service may be provided.

(5) In sub-paragraph (4)—

(a) “multichannel service” means a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies; and

(b) any reference to the number of channels on which such a service may be provided is a reference to the number of different frequencies involved.

(6) Where a person who holds a licence to provide any of the services specified in sub-paragraph [F7 (4)(b) or (c)]provides that service by broadcasting two or more programmes simultaneously in digital form on a single frequency, he shall be treated for the purposes of any order under sub-paragraph (1) as holding such number of licences as corresponds to the number of programmes that are simultaneously transmitted.

Annotations:

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Amendments (Textual)

F1 Sch. 2 Pt. III substituted (1.11.1996 except so far as relating to paras. 1(2)(b), 2(7) and otherwise 1.4.1997) by 1996 c. 55, s. 73, Sch. 2 Pt. III para. 10 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2; S.I. 1997/1005, art. 4

F2 Words in Sch. 2 Pt. III para. 16(1) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 16(4)(a)

F3 Sch. 2 Pt. III para. 16(4)(a) omitted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 16(4)(b)(i)

F4 Words in Sch. 2 Pt. III para. 16(4)(b) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 16(4)(b)(ii)

F5 Word in Sch. 2 Pt. III para. 16(4) omitted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 16(4)(b)(iii)

F6 Words in Sch. 2 Pt. III para. 16(4) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 16(4)(b)(iv)

F7 Words in Sch. 2 Pt. III para. 16(6) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 16(4)(c)