C2C1C3C4Part II Digital terrestrial sound broadcasting

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C1

Pt. 2 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 258, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Introductory

I141 Meaning of “independent national broadcaster” and “simulcast radio service”.

1

In this Part “independent national broadcaster” means any person who is the holder of a national licence (within the meaning of Part III of the 1990 Act).

F12

In this Part, a “simulcast radio service” means a service provided by a person for broadcasting in digital form and corresponding to a service which is a national service within the meaning of Part 3 of the 1990 Act and is provided by that person.

3

For the purposes of this Part a service provided for broadcasting in digital form corresponds to a national service (within the meaning of Part III of the 1990 Act) if, and only if, in every calendar month—

a

at least 80 per cent. of so much of the national service as consists of programmes, consists of programmes which are also included in the digital service in that month, and

b

at least 50 per cent. of so much of the national service as consists of such programmes is broadcast at the same time on both services.

4

The Secretary of State may by order amend subsection (3)(a) or (b) by substituting for the percentage for the time being specified there a different percentage specified in the order.

5

Before making an order under subsection (4) the Secretary of State shall consult such persons appearing to him to represent listeners as he thinks fit.

6

An order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7

In subsection (3) “programme” does not include an advertisement.