The Independent Analogue Broadcasters (Reservation of Digital Capacity) (Amendment) Order 1999

Amendment to The Independent Analogue Broadcasters (Reservation of Digital Capacity) Order 1996

3.  For article 9 in Part III of the Independent Analogue Broadcasters (Reservation of Digital Capacity) Order 1996 there shall be substituted–

“9.— (1) The C5/S4C multiplex licence shall include, in addition to the conditions referred to in section 12(1) of the 1996 Act, such conditions as appear to be appropriate to the Commission for securing that, in consideration of the making of such payments as are specified in paragraph (2) below, the holder of the C5/S4C multiplex licence will use the digital capacity specified in the direction of the Secretary of State referred to in article 8(1) for the broadcasting of services provided by the holder of the Channel 5 licence and by–

(a) the Welsh Authority, or

(b) the Welsh Authority and one or more qualifying companies which either is or are controlled by the Welsh Authority.

(2) The payments referred to in paragraph (1) above are–

(a) payments made by the holder of the Channel 5 licence, and

(b) payments made by either–

(i) the Welsh Authority, or

(ii) the Welsh Authority and one or more qualifying companies which either is or are controlled by the Welsh Authority,

as are from time to time agreed between each of them respectively and the holder of the C5/S4C multiplex licence or (in default of agreement) determined by the Commission.”.