Textual Amendments
F1Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Modifications etc. (not altering text)
C1Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
C2Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Textual Amendments
F2Ss. 214-244 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)
F3Ss. 214-244 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)
(1)Subject to the following provisions of this section, references in Part 1 of the 1996 Act to a multiplex service, other than those comprised in express references to a general multiplex service, shall have effect as references to any service (“a television multiplex service”) which—
(a)falls within subsection (2); and
(b)is provided for broadcasting for general reception but otherwise than from a satellite.
(2)A service falls within this subsection if—
(a)it consists in the packaging together of two or more services which include at least one relevant television service and are provided for inclusion together in the service by a combination of the relevant information in digital form; or
(b)it is a service provided with a view to its being a service falling within paragraph (a) but is one in the case of which only one service is for the time being comprised in digital form in what is provided.
(3)The provision, at a time after the commencement of this section, of a television multiplex service the provision of which is not authorised by or under a licence under Part 1 of the 1996 Act is not to be an offence under section 13 of the 1990 Act.
(4)Accordingly, after the commencement of this section, a licence under Part 1 of the 1996 Act shall be required for the provision of a television multiplex service only in so far as it is required for the purposes of a limitation falling within subsection (5) that is contained in a wireless telegraphy licence, or is deemed to be so contained.
(5)A limitation falls within this subsection, in relation to a wireless telegraphy licence, if it provides that the only television multiplex services that are authorised to be broadcast using the station or apparatus to which the licence relates are those that are licensed under Part 1 of the 1996 Act.
(6)Where immediately before the coming into force of this section—
(a)a television multiplex service is licensed under Part 1 of the 1996 Act; and
(b)that service is one broadcast using a station or apparatus the use of which is authorised by a wireless telegraphy licence,
that wireless telegraphy licence shall be deemed to contain a limitation falling within subsection (5).
(7)In any case where a wireless telegraphy licence is deemed by virtue of subsection (6) to contain a limitation falling within subsection (5) and the person providing the television multiplex service in question—
(a)ceases to be licensed under Part 1 of the 1996 Act in respect of that service, or
(b)ceases to exist,
OFCOM may revoke the wireless telegraphy licence.
(8)Subsection (7) is not to be construed as restricting the powers of revocation exercisable apart from this section.
(9)In subsection (2) “relevant television service” means any of the following—
(a)any Channel 3 service in digital form;
(b)Channel 4 in digital form;
(c)Channel 5 in digital form;
(d)S4C Digital;
(e)any digital television programme service;
(f)the digital public teletext service.
Commencement Information
I1S. 241 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)