Broadcasting Act 1996

28 Provision for broadcasting of services provided by independent analogue broadcasters. E+W+S+N.I.

(1) The Secretary of State shall exercise his powers under this section for the purposes of—

(a) facilitating the broadcasting of qualifying services by means of multiplex services licensed under this Part, and

(b) entitling any independent analogue broadcaster who in accordance with this section provides a qualifying service for broadcasting in digital form on a frequency to the use of digital capacity on that frequency.

(2) The Secretary of State shall, in assigning frequencies to the Commission under section 6, by direction to the Commission—

(a) designate one or two frequencies as frequencies to which this section applies, and

(b) specify in relation to each frequency so designated—

(i) the independent analogue broadcasters for whom digital capacity is to be reserved in accordance with this section,

(ii) the amount of digital capacity to be so reserved for each of them,

(iii) the times of day between which or days of the week on which such capacity is to be so reserved,

(iv) the area in the United Kingdom in which each of them is to be permitted to provide services, and

(v) the qualifying services which, subject to the provisions of this section, are intended to be broadcast on that frequency.

(3) The Secretary of State may by order—

(a) provide, in relation to any frequency to which this section applies—

(i) that any or all of the provisions of sections 7 to 16 and sections 18 and 19 are not to apply, or are to apply with specified modifications, and

(ii) that provisions of the order are to have effect in place of any or all of those provisions,

(b) provide for the Commission to include in any multiplex licence granted in respect of any such frequency such conditions as may be specified in, or determined by them under, the order, including conditions for securing the result specified in subsection (4),

(c) provide for the Commission to vary any licence under which the service specified in section 2(3) corresponding to the qualifying service (“the corresponding analogue service”) is provided so as to include such conditions relating to the broadcasting of the qualifying service as may be specified in, or determined by the Commission under, the order and to include those conditions in any other licence under which the corresponding analogue service is subsequently provided, and

(d) make such other provision for either of the purposes specified in subsection (1) as he considers appropriate.

(4) The result referred to in subsection (3)(b) is that, in consideration of the making, by any independent analogue broadcaster specified under subsection (2)(b)(i) in relation to the frequency concerned, of such payments as are from time to time agreed between him and the holder of the multiplex licence or (in default of agreement) determined by the Commission under the order, the holder of that licence will use the digital capacity specified under subsection (2)(b)(ii) for the broadcasting of services provided by that broadcaster.

(5) Where under subsection (2)(b) digital capacity is reserved only between particular times, on particular days or in a particular area, the reference in subsection (4) to broadcasting is a reference to broadcasting between those times, on those days or in that area.

(6) Without prejudice to the generality of section 200(2)(a) of the 1990 Act (which provides that orders may make different provision for different cases), an order under this section may make different provision for different frequencies.

(7) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.