(This note is not part of the Order)
This Order amends the definition of a “television licensable content service” in the Communications Act 2003 (c. 21) so that television programme services falling within that definition can be carried on a radio multiplex service. It also makes other amendments to that Act and the Broadcasting Act 1996 (c.55).
A radio multiplex service (which is defined in Part 3 of the Communications Act 2003) is a service by which digital radio and other services are broadcast by terrestrial (i.e. non-satellite) wireless telegraphy. Recent advances in broadcasting and other technologies (e.g. in screens and batteries for mobile receiving devices) have made it possible for radio multiplex services also to carry television programme services. However, without this Order, there would still be legal obstacles to that. In particular, the multiplex would be reclassified as a television multiplex: see sections 241(2)(a) and 258(1)(c) of the Communications Act 2003, which say that a multiplex service carrying at least one of the television services listed in section 241(9) (which do not include a television licensable content service) is a television multiplex service and cannot be a radio multiplex service.
A television licensable content service is a service of television programmes or electronic programme guides (or both) provided with a view to its being made available for reception by members of the public by means of satellite broadcasting or the use of some other electronic communications network, but not by means of a multiplex service: see sections 232 and 233(1) of the Communications Act 2003. Article 2 amends sections 232 and 233 to allow a television licensable content service to be carried on a radio multiplex service. Article 3 makes supplemental provision about the licensing of such services.
Articles 4 and 5 make consequential amendments to the Broadcasting Act 1996. In particular, they ensure that television licensable content services on the one hand, and digital programme services and digital additional services on the other, are defined in a manner that is mutually exclusive (articles 4 and 5(10)); make provision in relation to television licensable content services in the advertising, award and issuing by OFCOM of licences to provide radio multiplex services (article 5(3) to (8)); and make provision (article 5(9)) to take account of television licensable content services in the calculation of multiplex revenue under section 56 of the Broadcasting Act 1996, which is important for certain regulatory purposes (e.g. if a radio multiplex service operator incurs a financial penalty imposed by OFCOM).
A Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament. Copies are available from Stuart Brand at the Department for Culture, Media and Sport, 2 to 4 Cockspur Street, London SW1Y 5DH. (Tel: 0207 211 6416 or e-mail: stuart.brand@culture.gsi.gov.uk).