(1)In this Part “licensable sound programme service” means (subject to subsection (2)) a service consisting in the provision by any person of sound programmes with a view to their being conveyed, by means of a telecommunication system, for reception—
(a)in two or more dwelling-houses in the United Kingdom, and
(b)otherwise than for the purpose of being received there by persons who have a business interest in receiving them,
whether the telecommunication system is run by the person so providing the programmes or by some other person, and whether the programmes are to be so conveyed for simultaneous reception or for reception at different times in response to requests made by different users of the service.
(2)Subsection (1) does not apply to—
(a)a service where the programmes are provided for transmission in the course of the provision of a sound broadcasting service;
(b)a service where the running of the telecommunication system does not require to be licensed under Part II of the [1984 c. 12.] Telecommunications Act 1984; or
(c)a two-way service (as defined by section 46(2)(c)).
(3)It is hereby declared that the person who does either or both of the following things, that is to say—
(a)uses a telecommunication system for conveying sound programmes as mentioned in subsection (1), or
(b)runs a telecommunications system which is so used,
is not to be regarded as providing a licensable sound programme service in respect of any such programmes except to the extent that they are provided by that person with a view to their being so conveyed by means of that system.
(4)It is hereby also declared that where—
(a)any service constitutes such a service as is mentioned in subsection (1), and
(b)the sound programmes in respect of which the service is provided are provided for transmission in the course of the provision of any additional service,
that service is licensable under section 113 as a licensable sound programme service, and not otherwise; and in this subsection “additional service” means an additional service within the meaning of this Part or Part I.
(5)For the purposes of this section a person has a business interest in receiving programmes if he has an interest in receiving them for the purposes of his business, trade, profession or employment.
(1)An application for a licence to provide a licensable sound programme service shall—
(a)be made in such manner as the Authority may determine; and
(b)be accompanied by such fee (if any) as they may determine.
(2)Where such an application is duly made to the Authority, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 90(1) and (2).
(3)Subject to subsection (4), sections 109 to 111 shall apply in relation to a licence to provide a licensable sound programme service as they apply in relation to a licence granted under Chapter II of this Part.
(4)Section 111 shall apply in relation to such a licence with the omission of subsection (7).