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Part IE+W+S+N.I. Digital terrestrial television broadcasting

Digital programme servicesE+W+S+N.I.

18 Licensing of digital programme services.E+W+S+N.I.

(1)An application for a licence to provide digital programme services (in this Part referred to as a “digital programme licence”) shall—

(a)be made in such manner as [F1OFCOM] may determine, and

(b)be accompanied by such fee (if any) as they may determine.

(2)At any time after receiving such an application and before determining it, [F1OFCOM] may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

(3)Any information to be furnished to [F1OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(4)Where an application for a digital programme licence is made to [F1OFCOM] in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 3(3)(a) or 5(1).

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1Words in s. 18(1)-(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 90(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

19 Duration and conditions of digital programme licence.E+W+S+N.I.

(1)Subject to the provisions of this Part and to section 42 of the 1990 Act as applied by section 23(8), a digital programme licence shall continue in force until it is surrendered by its holder.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A digital programme licence shall also include such conditions as appear to [F4OFCOM] to be appropriate for requiring the holder of the licence—

(a)on entering into any agreement with [F5the provider of a television multiplex service or general multiplex service] for the provision of a digital programme service to be broadcast [F6by means of that provider’s service] , to notify [F4OFCOM]

(i)of [F7the identity of the service by means of which it will be broadcast] ,

(ii)of the characteristics of the digital programme service to which the agreement relates,

(iii)of the period during which it will be provided, and

(iv)where under the agreement the holder of the digital programme licence will be entitled to the use of a specified amount of digital capacity, of that amount,

(b)when any such agreement is varied so far as it relates to any of the matters mentioned in paragraph (a)(i), (ii), (iii) or (iv), to notify [F4OFCOM] of the variation so far as relating to those matters, and

(c)where he is providing a digital programme service to [F8the provider of a television multiplex service or general multiplex service] in accordance with such an agreement as is mentioned in paragraph (a) but intends to cease doing so, to notify [F4OFCOM] of that fact.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F4Words in s. 19(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 91(2)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5Words in s. 19(3)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 91(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6Words in s. 19(3)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 91(2)(c) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F7Words in s. 19(3)(a)(i) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 91(2)(d) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8Words in s. 19(3)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 91(2)(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

F1020 Code relating to provision for deaf and visually impaired.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F10Ss. 20-22 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F1021 Powers of Secretary of State in relation to code under section 20.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F10Ss. 20-22 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F1022 Compliance with code under section 20.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F10Ss. 20-22 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

23 Enforcement of digital programme licences.E+W+S+N.I.

(1)If [F11OFCOM] are satisfied that the holder of a digital programme licence has failed to comply with any condition of the licence or with any direction given by [F11OFCOM] under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

(a)a notice requiring him to pay, within a specified period, a specified financial penalty to [F11OFCOM] , or

(b)a notice providing that the licence is to expire on a specified date, which shall be at least one year from the date of service of the notice.

(2)The amount of any financial penalty imposed on any person in pursuance of subsection (1)(a) shall not exceed [F12the maximum penalty given by subsection (2A).]

[F13(2A)The maximum penalty is whichever is the greater of—

(a)£250,000; and

(b)5 per cent. of the aggregate amount of the shares of multiplex revenue attributable to him in relation to television multiplex services and general multiplex services in respect of relevant accounting periods.]

(4)In [F14subsection (2A)]relevant accounting period”, in relation to a [F15television multiplex service or general multiplex service, means the last accounting period of the multiplex provider] .

(5)Where, in the case of any [F16television multiplex service or general multiplex service, the first accounting period of the multiplex provider] throughout which the holder of the digital programme licence provides a digital programme service for broadcasting by means of the multiplex service (“the first period”) has [F17not ended when the penalty is imposed, then for the purposes of this section] the share of multiplex revenue attributable to the holder of the digital programme licence in relation to that multiplex service for the relevant accounting period shall be taken to be the amount which [F11OFCOM] estimate to be the share of multiplex revenue attributable to him for the first period.

[F18(5A)In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.]

[F19(5B)Section 15(2) and (3) applies for determining or estimating the share of multiplex revenue attributable to a person for the purposes of subsection (2A) or (5) above.]

(6)[F11OFCOM] shall not serve on any person such a notice as is mentioned in subsection (1)(a) or (b) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(7)Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), [F11OFCOM] may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

(8)Subject to subsection (9), section 40(1) to (4) (power to direct licensee to broadcast correction or [F20statement of findings] or not to repeat programme) and section 42 (power to revoke Channel 3 or 5 licence) of the 1990 Act shall apply in relation to a digital programme licence as they apply in relation to a Channel 3 licence.

(9)In its application in relation to a digital programme licence, section 42 of the 1990 Act shall have effect—

(a)with the substitution for the reference in subsection (1)(a) to Part I of that Act of a reference to this Part, and

(b)with the omission of subsection (4) and of the reference to that subsection in subsection (6).

(10)It is hereby declared that any exercise by [F11OFCOM] of their powers under subsection (1) in respect of any failure to comply with any condition of a digital programme licence shall not preclude the exercise by them of their powers under section 40 of the 1990 Act in respect of that failure.

Annotations:

Amendments (Textual)

F12Words in s. 23(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 14(1)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F13S. 23(2A) substituted for s. 23(3) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 14(2)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F14Words in s. 23(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 14(3)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F15Words in s. 23(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 92(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F16Words in s. 23(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 92(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F17Words in s. 23(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 14(4)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F20Words in s. 23(8) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 92(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)