Communications Act 2003 (c. 21)

Part 3 U.K. Television and Radio Services [F1 ETC]

Textual Amendments

F1 Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications etc. (not altering text)

C1 Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4

C2 Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2

F2 F3 Chapter 2 U.K. Regulatory Structure for Independent Television Services

Textual Amendments

F2 Ss. 214-244 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)

F3 Ss. 214-244 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)

Television licensable content services U.K.

232 Meaning of “television licensable content service” U.K.

(1) In this Part “television licensable content service” means (subject to section 233) any service [F4 , or dissociable section of a service,] falling within subsection (2) in so far as it is provided with a view to its availability for reception by members of the public being secured by one or [F5 more] of the following means—

(a) the broadcasting of the service [F6 or dissociable section of the service] (whether by the person providing it or by another) from a satellite; F7 ...

[F8 (aa) the broadcasting of the service [F9 or dissociable section of the service] (whether by that person or by another) by means of a radio multiplex service; or]

(b) the distribution of the service [F10 or dissociable section of the service] (whether by that person or by another) by any means involving the use of an electronic communications network.

(2) A service [F11 , or dissociable section of a service,] falls within this subsection if it—

(a) is provided (whether in digital or in analogue form) as a service that is to be made available for reception by members of the public; and

(b) consists of [F12 or has as its principal purpose the provision of] television programmes or electronic programme guides, or both.

(3) Where—

(a) [F13 a service, or dissociable section of a service, consisting of television programmes], an electronic programme guide or both (“the main service”) is provided by a person as a service to be made available for reception by members of the public, and

(b) that person provides the main service with other services or facilities that are ancillary to, or otherwise relate to, the main service and are also provided so as to be so available or in order to make a service so available,

subsection (1) has effect as if the main service and such of the other services or facilities as are relevant ancillary services and are not two-way services constituted a single service falling within subsection (2).

(4) Where a person providing the main service provides it with a facility giving access to another service, the other service shall also be taken for the purposes of this section as provided by that person with the main service only if what is comprised in the other service is something over which that person has general control.

(5) A service is a two-way service for the purposes of this section if it is provided by means of an electronic communications network and an essential feature of the service is that the purposes for which it is provided involve the use of that network, or a part of it, both—

(a) for the transmission of visual images or sounds (or both) by the person providing the service to users of the service; and

(b) for the transmission of visual images or sounds (or both) by those users for reception by the person providing the service or by other users of the service.

(6) In this section—

• “electronic programme guide” means a service which consists of—

  (a)

  the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and

  (b)

  a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide;

• “relevant ancillary service”, in relation to the main service, means a service or facility provided or made available by the provider of the main service that consists of or gives access to—

  (a)

  assistance for disabled people in relation to some or all of the programmes included in the main service;

  (b)

  a service (apart from advertising) which is not an electronic programme guide but relates to the promotion or listing of programmes so included; or

  (c)

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

Textual Amendments

F4 Words in s. 232(1) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(i) (with Pt. 7)

F5 Word in s. 232(1) substituted (25.7.2006) by Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(1)(a)

F6 Words in s. 232(1)(a) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(ii) (with Pt. 7)

F7 Word in s. 232(1)(a) omitted (25.7.2006) by virtue of Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(1)(b)

F8 S. 232(1)(aa) inserted (25.7.2006) by Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 2(1)(c)

F9 Words in s. 232(1)(aa) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(ii) (with Pt. 7)

F10 Words in s. 232(1)(b) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(a)(ii) (with Pt. 7)

F11 Words in s. 232(2) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(b) (with Pt. 7)

F12 Words in s. 232(2)(b) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 6(1)

F13 Words in s. 232(3)(a) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 5(c) (with Pt. 7)

Commencement Information

I1 S. 232 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)