Broadcasting Act 1996

12 Conditions attached to multiplex licence. U.K.

(1) A multiplex licence shall include such conditions as appear to [F1 OFCOM] to be appropriate for securing—

(a) that the licensed service is established by the licence holder in accordance with the timetable and other proposals indicated in the technical plan submitted under section 7(4)(b),

(b) the implementation of any proposals submitted by the licence holder under section 7(4)(c), (d), (e) or (f),

(c) that all digital programme services broadcast under the licence are provided by the holder of a licence under section 18 [F2 , by the BBC] [F3 or by [F4 a CTT broadcaster or are exempt Irish services]],

(d) that all digital additional services broadcast under the licence are provided by the holder of a licence under section 25 [F5 , by the BBC] [F6 or by [F7 a CTT broadcaster or are exempt Irish services]],

[F8 (da) that the only digital sound programme services broadcast under the licence are services provided by the holder of a national digital sound programme licence (within the meaning of section 60) or by the BBC;]

(e) that in the terms on which the licence holder contracts, or offers to contract, for the broadcasting of digital programme services [F9 , digital sound programme services] or digital additional services, he does not show undue discrimination either against or in favour of a particular person providing such a service or a class of such persons,

(f) that the licence holder does not, in any agreement with a person providing a digital programme service [F10 , a digital sound programme service] or digital additional services which entitles that person to use a specified amount of digital capacity on the frequency or frequencies to which the licence relates, restrict that person’s freedom to make arrangements with some other person as to the use of any of that digital capacity (except to the extent that the restriction is reasonably required for the purpose of ensuring the technical quality of the broadcasts or for the purpose of securing compliance with any other condition of the licence),

(g) that the signals carrying the multiplex service attain high standards in terms of technical quality and reliability throughout so much of the area for which the service is provided as is for the time being reasonably practicable, and

[F11 (h) that, while the licence is in force, at least the required percentage of the digital capacity on the frequency or frequencies on which the service is broadcast is used, or left available to be used, for the broadcasting of services falling within subsection (1A).]

[F12 (1A) The services falling within this subsection are—

(a) qualifying services;

(b) digital programme services licensed under this Part or provided by the BBC;

(c) digital sound programme services provided by the BBC;

(d) programme-related services; and

(e) relevant technical services.]

(2) Any conditions imposed in pursuance of subsection (1)(a) or (b) may be varied by [F1 OFCOM] with the consent of the licence holder (and section 3(4)(b) shall accordingly not apply to any such variation).

(3) Where the licence holder applies to [F1 OFCOM] for the variation of any condition imposed in pursuance of subsection (1)(b) and relating to the characteristics of any of the digital programme services [F13 or digital sound programme services] to be broadcast under the licence, [F1 OFCOM] shall vary the condition accordingly unless it appears to them that, if the application were granted, the capacity of the [F14 so much of what is broadcast under the licence as consists of digital programme services, or of such services together with digital sound programme services,] to appeal to a variety of tastes and interests would be unacceptably diminished.

[F15 (3A) In subsection (1)(c) and (d)—

• “CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a CTT State other than the United Kingdom;

• “exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.]

(4) In subsection [F16 (1A)] —

(a) “qualifying service” does not include [F17 the digital public teletext service] ,

(b) “programme-related service” means any digital additional service consisting in the provision of services (apart from advertising) which—

(i) are ancillary to the programmes included in one or more television programme services (within the meaning of Part I of the 1990 Act) [F18 , or in one or more digital sound programme services provided by the BBC,] and are directly related to the contents of those programmes, or

(ii) relate to the promotion or listing of such programmes, and

(c) “relevant technical service” means any technical service which relates to one or more [F19 services falling within subsection (1A) which are comprised in the multiplex in question].

[F20 (4A) In subsection (1)(h), the reference to the required percentage is a reference to such percentage equal to or more than 90 per cent. as OFCOM—

(a) consider appropriate; and

(b) specify in the condition.]

(5) The Secretary of State may by order amend subsection [F21 (4A)] by substituting for the percentage for the time being specified there a different percentage specified in the order.

(6) No order under subsection (5) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

F22 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 12 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 84 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 12(1)(c) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(1)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in s. 12(1)(c) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 9(2)

F4 Words in s. 12(1)(c) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 4(2)(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in s. 12(1)(d) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(1)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 Words in s. 12(1)(d) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 9(3)

F7 Words in s. 12(1)(d) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 4(2)(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 S. 12(1)(da) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(1)(c), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F9 Words in s. 12(1)(e) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(1)(d), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F10 Words in s. 12(1)(f) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(1)(e), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F11 S. 12(1)(h) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(1)(f), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F12 S. 12(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F13 Words in s. 12(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(3)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F14 Words in s. 12(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(3)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F15 S. 12(3A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 4(3) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in s. 12(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(4)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F17 Words in s. 12(4)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(4)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F18 Words in s. 12(4)(b)(i) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(4)(c), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F19 Words in s. 12(4)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(4)(d), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F20 S. 12(4A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(5), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F21 Word in s. 12(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 242(6), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F22 S. 12(7) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C1 S. 12 applied (with modifications)(20.11.1996) by S.I. 1996/2760, art. 5(1)(3)(4)

C2 S. 12 applied (with modifications) (2.7.2008) by The Television Multiplex Services (Reservation of Digital Capacity) Order 2008 (S.I. 2008/1420), arts. 1, 11