http://www.legislation.gov.uk/id/ukpga/2003/21/schedule/15/part/2

http://www.legislation.gov.uk/ukpga/2003/21/schedule/15/part/2/crossheading/reservation-of-digital-capacity-for-bbc

Communications Act 2003

An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.

text

text/xml

Statute Law Database

2024-04-10

Expert Participation

2024-04-06

Communications Act 2003

specified provision(s)

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

art. 1(3)

Communications Act 2003

s. 368E(5)(d)

(e)

Digital Economy Act 2017

s. 94(3)

s. 118(6)

Communications Act 2003

s. 148A and cross-heading

Product Security and Telecommunications Infrastructure Act 2022

s. 73(2)

s. 79(2)

Communications Act 2003

s. 402(2A)(za)

(zb)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 2

s. 79(2)

Communications Act 2003

Sch. 3A

para. 21(6)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(5)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 37(3)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(9)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 84(1)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(10)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 103(1)(ca)

Product Security and Telecommunications Infrastructure Act 2022

s. 70

s. 79(2)

Communications Act 2003

Sch. 3A

para. 119A

Product Security and Telecommunications Infrastructure Act 2022

s. 72

s. 79(2)

Communications Act 2003

Sch. 3A

Pt. 4ZA

Product Security and Telecommunications Infrastructure Act 2022

s. 67(1)

s. 79(2)

Communications Act 2003

s. 124Q(7)(a)

Crime and Courts Act 2013

Sch. 9

para. 52

s. 61(3)

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004

art. 2

SCHEDULES

SCHEDULE 15Amendments of Broadcasting Acts

Part 2Amendments of the 1996 Act

Reservation of digital capacity for BBC

I1108

1

Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be amended as follows.

2

In subsections (1) to (3) and (6), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.

3

In subsection (4) (determination of capacity to be reserved), for the words from “If the BBC” to “the Secretary of State, who may” there shall be substituted “ If the BBC do not give their consent to the proposals within such period as OFCOM may specify in their notice under subsection (3), OFCOM shall ”.

4

In subsection (5), for words from “the Secretary of State” onwards there shall be substituted “ OFCOM shall give the BBC an opportunity of making representations to them about their proposals. ”

5

In subsection (6), after “and the BBC” there shall be inserted “ or (in default of agreement) determined under this section ”.

6

After that subsection there shall be inserted—

7
Where the holder of the licence and the BBC fail to agree—
a
the payments to be made under a condition included in the licence in accordance with subsection (6), or
b
the other terms that are to apply in relation to the use of digital capacity in accordance with such a condition,
either of them may refer the matter to OFCOM for determination.
8
Before making a determination under subsection (7), OFCOM must give the licence holder and the BBC an opportunity of making representations to them about the matter.
9
In making any determination under subsection (7), OFCOM shall have regard to—
a
the expenses incurred, or likely to be incurred, by the licence holder in providing the local radio multiplex service in question, and
b
the terms on which persons providing local radio multiplex services contract with persons providing local digital additional services for the broadcasting of those services.