Communications Act 2003

Digital additional services

93 (1) Section 24 of the 1996 Act (digital additional services) shall be amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) there shall be substituted—

“(a) is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;

(b) is so provided with a view either—

(i) to the broadcasting being by means of a television multiplex service or by means of a general multiplex service; or

(ii) to the members of the public in question being or including members of the public in an EEA State other than the United Kingdom, or in an area of such a State;

and

(c) is not a Channel 3 service, Channel 4, Channel 5, a public television service of the Welsh Authority, the digital public teletext service, a digital programme service, a digital sound programme service, an ancillary service or a technical service.”

(3) In subsection (2) (meaning of ancillary service)—

(a) for “an independent analogue broadcaster” there shall be substituted “a relevant public service broadcaster”; and

(b) for paragraphs (a) and (b) there shall be substituted—

“(a) assistance for disabled people in relation to some or all of the programmes included in a digital programme service or qualifying service provided by him;

(b) a service (apart from advertising) that relates to the promotion or listing of programmes included in such a service or in a digital sound programme service so provided; or

(c) any other service (apart from advertising) that is ancillary to one or more programmes so included, and relates directly to their contents.”

(4) In subsection (3)(a), after “digital programme services” there shall be inserted “, digital sound programme services”.

(5) After subsection (3) there shall be inserted—

“(3A) In this section—

• “assistance for disabled people” has the same meaning as in Part 3 of the Communications Act 2003;

• “available for reception by members of the public” shall be construed in accordance with section 361 of that Act;

• “public television service of the Welsh Authority” means—

  (a)

  S4C Digital; or

  (b)

  any television programme service the provision of which by the Authority is authorised by or under section 205 of that Act and which is provided in digital form;

• “relevant public service broadcaster” means any of the following—

  (a)

  a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;

  (b)

  the Channel 4 Corporation;

  (c)

  a person licensed under Part 1 of the 1990 Act to provide Channel 5;

  (d)

  the BBC;

  (e)

  the Welsh Authority;

  (f)

  the public teletext provider.”