The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2012

Citation and commencement

1.  This Order may be cited as the Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2012 and comes into force on the day after the day on which it is made.

Interpretation

2.  In this Order—

“ancillary service” has the meaning given in section 24(2) of the Broadcasting Act 1996(1);

“broadcasting channel” means one of the frequency bands listed in column 2 of Table 1 in the Schedule and which is commonly known and referred to by the broadcasting channel number which is listed opposite that frequency band in column 1 of that Table;

“local digital television programme service” has the meaning given in article 3 of the Local Digital Television Programme Services Order 2012(2);

“MHz” means megahertz;

“multiplex licence” means a multiplex licence awarded by OFCOM for a local multiplex service pursuant to section 8 of the Broadcasting Act 1996(3) as it has effect as modified by Article 4 of, and the Schedule to, the Local Digital Television Programme Services Order 2012;

“multiplex licensee” means the holder of a multiplex licence;

“standard definition television service” means a digital television programme service, as defined in section 362(1) of the Communications Act 2003(4), which is broadcast in a format designed to display the images comprising a television programme by employing 576 active lines of pixels per frame.

Keeping spectrum for use for the provision of local digital television services

3.—(1) OFCOM must ensure that one broadcasting channel (which may be a different broadcasting channel in different places within the United Kingdom) is kept available or made available for—

(a) multiplex broadcasting of a local digital television programme service; and

(b) such other activities as are authorised or required by a multiplex licence.

(2) OFCOM must ensure that on every broadcasting channel kept available or made available in accordance with article 3(1) there is sufficient digital capacity to carry—

(a) one standard definition television service, to be used for the broadcasting of a local digital television programme service;

(b) any ancillary services required for that standard definition television service; and

(c) two further standard definition television services.

Wireless telegraphy licence for multiplex licensee

4.  OFCOM must—

(a) grant to every multiplex licensee a wireless telegraphy licence under section 8 of the Wireless Telegraphy Act 2006 which authorises the establishment or use of wireless telegraphy stations and the installation or use of wireless telegraphy apparatus in the places where that multiplex licensee is authorised to broadcast under a multiplex licence; and

(b) exercise their functions to vary or revoke such wireless telegraphy licence, to the extent necessary to match any changes to the places where the multiplex licensee is authorised to broadcast by variations to the multiplex licence.

Release of unused broadcasting channels at a later date

5.  If, immediately before 1 January 2019—

(a) OFCOM have kept or made a broadcasting channel available in a particular place of the United Kingdom in accordance with article 3, and

(b) that channel has not been used by any multiplex licensee for the purposes set out in article 3(1),

OFCOM’s duties under articles 3 and 4 cease to have effect on that date in relation to that place.

Undue interference with an existing television multiplex service

6.  Where, in a particular place in the United Kingdom, in the opinion of OFCOM undue interference would be caused to transmissions from an existing television multiplex service (as defined in section 241 of the Communications Act 2003) in that particular place as a consequence of—

(a) a broadcasting channel being kept or made available in accordance with article 3 for multiplex broadcasting of a local digital television programme service in that place, and

(b) the installation or use of wireless telegraphy apparatus in that place in accordance with a wireless telegraphy licence granted by virtue of article 4,

articles 3 and 4 do not apply in relation to that particular place.

Jeremy Hunt

Secretary of State

Department for Culture, Media and Sport

13th February 2012