Amendments of the Wireless Telegraphy Act 200613

1

The Wireless Telegraphy Act 2006 M1 is amended as follows.

2

In section 9(4) (terms, provision and limitations in wireless telegraphy licences), after paragraph (c) insert—

d

terms, provisions or limitations requiring a satellite uplinker to suspend or cease uplinking, by means of satellite uplink apparatus, a service named by OFCOM in a notice given to the satellite uplinker under section 9A;

e

terms or provisions requiring a satellite uplinker to provide OFCOM with such information necessary for the purpose of determining whether section 9A applies in relation to a service uplinked by the satellite uplinker or for any purpose connected with the giving of a notice under section 9A as OFCOM may request by a notice in writing.

3

After section 9 insert—

9ANotice to satellite uplinkers

1

This section applies where a relevant regulated television service or an on-demand programme service is provided by a person who is deemed to be under the jurisdiction of the United Kingdom for the purpose of the Audiovisual Media Services Directive by reason only of the person providing such a service by means of satellite uplink apparatus situated within the United Kingdom.

2

OFCOM may give a notice in writing under this section to a satellite uplinker in relation to a relevant regulated television service if OFCOM are satisfied that the service is provided—

a

in contravention of a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996 M2; or

b

otherwise than pursuant to such a licence.

3

OFCOM may give a notice in writing under this section to a satellite uplinker in relation to an on-demand programme service if OFCOM are satisfied that the service is provided in contravention of a requirement of Part 4A of the Communications Act 2003.

4

Where a notice is given to a satellite uplinker under subsection (2)(a) or (3) the notice must—

a

name the service;

b

specify the reasons why OFCOM consider that subsection (2)(a) or (3) is satisfied; and

c

specify—

i

the date by which the satellite uplinker must cease the uplinking of the service; or

ii

a period during which the satellite uplinker must suspend the uplinking of the service.

5

Where a notice is given to a satellite uplinker under subsection (2)(b) the notice must—

a

name the service; and

b

specify—

i

the date by which the satellite uplinker must cease the uplinking of the service; or

ii

a period during which the satellite uplinker must suspend the uplinking of the service.

6

In this section—

  • “relevant regulated television service” has the same meaning as in section 13 of the Broadcasting Act 1990;

  • “on-demand programme service” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).

4

In section 39 (contravention of terms, etc)—

a

in subsection (4) for “(7)” substitute “ (8) ”, and

b

after subsection (7) insert—

8

The person notified also has a shorter period if—

a

OFCOM have reasonable grounds for believing that that person is contravening, or has contravened, a notice given under section 9A or a term or provision as mentioned in section 9(4)(e);

b

OFCOM have determined, taking into account all relevant circumstances, that a shorter period would be appropriate; and

c

the shorter period has been specified in the notification.

5

Section 115 (general interpretation) is amended as follows.

F16

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7

After the definition of “receiving apparatus” insert—

  • “satellite uplink apparatus” means wireless telegraphy apparatus, the purpose of which is to emit, to one or more satellites, energy to which section 116(2) applies;

  • “satellite uplinker” means a person who operates satellite uplink apparatus, but where a person is employed or engaged to operate satellite uplink apparatus under the direction or control of another person, references to a satellite uplinker are references only to that other person;