SCHEDULES

SCHEDULE 15Amendments of Broadcasting Acts

Part 2Amendments of the 1996 Act

Digital additional services

I193

1

Section 24 of the 1996 Act (digital additional services) shall be amended as follows.

2

In subsection (1), for paragraphs (a) and (b) there shall be substituted—

a

is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;

b

is so provided with a view either—

i

to the broadcasting being by means of a television multiplex service or by means of a general multiplex service; or

ii

to the members of the public in question being or including members of the public in an EEA State other than the United Kingdom, or in an area of such a State;

and

c

is not a Channel 3 service, Channel 4, Channel 5, a public television service of the Welsh Authority, the digital public teletext service, a digital programme service, a digital sound programme service, an ancillary service or a technical service.

3

In subsection (2) (meaning of ancillary service)—

a

for “an independent analogue broadcaster” there shall be substituted “ a relevant public service broadcaster ”; and

b

for paragraphs (a) and (b) there shall be substituted—

a

assistance for disabled people in relation to some or all of the programmes included in a digital programme service or qualifying service provided by him;

b

a service (apart from advertising) that relates to the promotion or listing of programmes included in such a service or in a digital sound programme service so provided; or

c

any other service (apart from advertising) that is ancillary to one or more programmes so included, and relates directly to their contents.

4

In subsection (3)(a), after “digital programme services” there shall be inserted “ , digital sound programme services ”.

5

After subsection (3) there shall be inserted—

3A

In this section—

“assistance for disabled people” has the same meaning as in Part 3 of the Communications Act 2003;

“available for reception by members of the public” shall be construed in accordance with section 361 of that Act;

“public television service of the Welsh Authority” means—

a

S4C Digital; or

b

any television programme service the provision of which by the Authority is authorised by or under section 205 of that Act and which is provided in digital form;

“relevant public service broadcaster” means any of the following—

a

a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;

b

the Channel 4 Corporation;

c

a person licensed under Part 1 of the 1990 Act to provide Channel 5;

d

the BBC;

e

the Welsh Authority;

f

the public teletext provider.