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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the meaning of a technical service for the purpose of section 63(3)(b) of the Broadcasting Act 1996 because it is now possible for certain television services to be carried on a digital radio multiplex service.

A technical service must be defined in order for it to be distinguished from a digital additional service, which will be licensed by Ofcom under section 64 of the 1996 Act. The Broadcasting Digital Terrestrial Sound (Technical Service) Order 1998 specifies for that purpose a service consisting of the transmission of electronic signals which control access to programmes or other information included in digital sound programme services or digital additional services. This Order amends the 1998 Order so that a service consisting of the transmission of such signals controlling access to programmes or other information included in television licensable content services is also specified for that purpose.

The amendment is needed because the Television Licensable Content Services Order 2006 (SI 2006/2131) amended both the 1996 Act and the Communications Act 2003 to allow television licensable content services (see section 232 of the 2003 Act) to be carried on a digital radio multiplex service, alongside digital sound programme services and digital additional services.

A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or voluntary bodies.