The Audiovisual Media Services Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations are part of the implementation of Directive 2007/65/EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(1) (“the Directive”). These Regulations insert new provisions into the Communications Act 2003 (“the Act”). These Regulations make provisions additional to those in the Audiovisual Media Services Regulations 2009(2) the “2009 Regulations”.

Regulation 3 corrects an error in section 368B of the Act. Regulation 4 inserts new sections 368BA and 368BB into the Act. Section 368BA sets out the requirement for the provider of an on-demand programme service to notify the regulatory authority of its intention to provide a service and section 368BB provides powers to enforce that requirement, including by way of the imposition of a financial penalty.

Regulation 5 inserts new requirements in section 368D(3) of the Act. Inserted section 368D(3)(za) requires the provider of an on-demand service to pay the regulatory authority a fee under section 368Q. Inserted section 368D(3)(zb) requires providers to retain a copy of material provided on the on-demand service for at least forty two days. Regulation 6 corrects an error in section 368G(2). Regulations 7 and 8 insert references to section 368BA and section 368BB into the existing enforcement regime which applies in relation to on-demand programme services.

Regulation 9 inserts section 368NA which makes provision in relation to the fees that an appropriate regulatory authority and OFCOM may require a provider of an on-demand programme service to pay.

Regulation 11 makes provision in relation to the BBC and paragraphs (b) and (c) correct a drafting error in section 368P. Regulation 12 makes insertions to specify the extent of the application of the new provisions to the Welsh Authority. Regulation 13 sets out transitional provisions. Regulation 14 amends Part 2 of Schedule 12 of the Act in relation to the Welsh Authority.

Regulation 15 amends the Wireless Telegraphy Act 2006 to enable OFCOM to require a satellite uplinker to cease or suspend uplinking of an on-demand programme service where such service is provided otherwise than pursuant to a notification under section 368BA. Regulation 15 only applies where the service is provided by a person who is deemed to be under the jurisdiction of the United Kingdom for the purpose of the Directive because that person provides such service by means of a satellite uplink apparatus situated within the United Kingdom.

An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the website of the Department for Culture, Media and Sport (www.culture.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

These regulations, so far as required, were notified in draft to the European Commission in accordance with Directive 98/34/EC(3), as amended by Directive 98/48/EC(4).

(1)

Directive 2007/65 EC OJ No L 332, 18.12.2007, p.27 amending Directive 89/552/EEC OJ No L 298, 17.10.1989, p.23 as amended by Directive 97/36/EC OJ No L 202, 30.7.1997, p.60.

(3)

Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services OJ No L 24, 21.7.1998, p.37.

(4)

Directive 98/48/EC of the European Parliament and of the Council amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations OJ No L 217, 5.8.1998, p.18.