20(1)Section 48 of the 1990 Act (additional services) shall be further amended as follows.U.K.
(2)In subsection (1)—
(a)for “telecommunication” there shall be substituted “ electronic ”; and
(b)for paragraphs (a) and (b) there shall be substituted “ on a relevant frequency ”.
(3)In subsection (2), for paragraphs (a) and (b) there shall be substituted “any part of the signals which—
(a)is not required for the purposes of the television broadcasting service for the purposes of which the frequency has been made available; and
(b)is determined by OFCOM to be available for the provision of additional services;”.
(4)After that subsection there shall be inserted—
“(2A)For the purposes of this Part, if they consider it appropriate to do so, OFCOM may, while an additional services licence is in force, from time to time modify the determination made under subsection (2)(b) for the purposes of that licence in any manner that does not reduce the amount of spare capacity made available for the licensed services; and when so modified any such licence shall have effect accordingly.”
(5)In subsection (3)—
(a)for “The Commission” there shall be substituted “ OFCOM ”; and
(b)for “(2)(a)” there shall be substituted “ (2)(b) ”; and
(c)for paragraphs (a) to (c) there shall be substituted—
“(a)to the obligations contained in any code under section 303 of the Communications Act 2003 by virtue of subsection (5) of that section; and
(aa)to any need of the person providing the television broadcasting service in question to be able to use part of the signals carrying it for providing services (in addition to those provided for satisfying those obligations) which—
(i)are ancillary to programmes included in the service and directly related to their contents; or
(ii)relate to the promotion or listing of such programmes.”
(6)In subsection (4), for paragraphs (a) and (b) there shall be substituted—
“(a)to provide services for the satisfaction in his case of obligations mentioned in subsection (3)(a); and
(b)to provide in relation to his television broadcasting service any such services as are mentioned in subsection (3)(aa).”
(7)For subsection (6) there shall be substituted—
“(6)In this section—
“electronic signals” means signals within the meaning of section 32 of the Communications Act 2003;
“relevant frequency” means a frequency made available by OFCOM for the purposes of a television broadcasting service.”
(8)This paragraph does not affect the validity of a licence granted or last renewed before the television transfer date, or the services licensed by any such licence.
Commencement Information
I1Sch. 15 para. 20(1)(2)(a) in force at 25.7.2003 by S.I. 2003/1900, art. 2(1), Sch. 1
I2Sch. 15 para. 20(2)(b) (3)-(8) in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)