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There are outstanding changes not yet made to Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (Text with EEA relevance) (2007/730/EC). Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
The measures taken by the UK to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts:
[Extracts from Part IV of the Broadcasting Act 1996]U.K.
the BBC;
the Welsh Authority;
the Commission; and
in relation to a relevant event, the person from whom the rights to televise that event may be acquired;
and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.
the persons mentioned in subsection 2; and
every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.
the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection 2 in relation to the proposed addition; or
the exercise of any rights acquired under such a contract.
such of the services specified in subsection 2 as are provided without any charge being made for the reception of programmes included in the service;
all televison programme services not for the time being falling within paragraph (a).
regional and national Channel 3 services;
Channel 4; and
the television broadcasting services provided by the BBC.
[…]
another person, who is providing a service falling within the other category set out in that subsection (the second service), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event; and
the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.
are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection 1 of section 101; and
are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection;
they may require him to pay, within a specified period, a specified financial penalty to the Commission.
provided them with information which was false in a material particular; or
withheld any material information with the intention of causing the Commission to be misled;
they may require him to pay, within a specified period, a specified financial penalty to the Commission.
‘the relevant consideration’ means an amount determined by the Commission as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question; and
‘the prescribed multiplier’ means such number as the Secretary of State may from time to time by order prescribe.
are satisfied that a broadcasting body has failed to comply with subsection 1 of section 101; and
are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,
they shall make a report on the matter to the Secretary of State.
provided them with information which was false in a material particular: or
withheld any material information with the intention of causing the Commission to be misled,
they shall make a report on the matter to the Secretary of State.
specifying the circumstances in which the televising of listed events generally, or of a particular listed event, is, or is not, to be treated as live for the purposes of this Part; and
giving guidance as to the matters which they will take into account in determining:
whether to give or revoke their consent under section 101(1), or
for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1).
the BBC;
the Welsh Authority;
every person from whom the rights to televise a listed event may be acquired;
and
every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.
‘Channel 4’ has the same meaning as in Part I of the 1990 Act;
‘the Commission’ means the Independent Television Commission;
‘listed event’ has the meaning given by section 97(1);
‘live’ shall be construed in accordance with the code drawn up under section 104;
‘national Channel 3 service’ and ‘regional Channel 3 service’ have the same meaning as in Part I of the 1990 Act;
‘television broadcasting service’ has the same meaning as in Part I of the 1990 Act;
‘television programme provider’ has the meaning given by section 99(2);
‘television programme service’ has the same meaning as in Part I of the 1990 Act.
[Extracts from the Television Broadcasting Regulations 2000]U.K.
Made: 14 January 2000
Laid before Parliament: 14 January 2000
Coming into force: 19 January 2000
Whereas the Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) with regard to measures relating to television broadcasting;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972 and all other powers enabling him in that behalf, hereby makes the following Regulations:
[…]
[…]
14 January 2000
Chris Smith
Secretary of State for Culture, Media and Sport
those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and
all other television programme services and EEA satellite services.
that the service is provided without any consideration being required for reception of the service, and
that the service is received by at least 95 % of the population of the United Kingdom.
is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and
is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.
consists in the transmission for general reception of television programmes by satellite, and
is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom.
[…]
[…]
after the definition of ‘the Commission’ there is inserted: ‘designated event, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;’;
in the definition of ‘live’, before ‘shall’ there is inserted ‘in relation to the televising of a listed event’; and
after the definition of ‘national Channel 3 service’ and ‘regional Channel 3 service’ there is inserted: ‘S4C has the same meaning as in Part I of the 1990 Act;’
[Extracts from the ITC Code on Sports and other Listed Events, revised January 2000]U.K.
(revised January 2000)
[…]
the restrictions on live coverage will apply while the event concerned is in progress,
if the event involves separate games or matches, the restrictions will apply while each game or match is in progress,
in the case of a single event which is scheduled to last over several days the restrictions will apply to each day’s play, while it is in progress,
in the case of an event which consists of defined separate parts which overlap in time (e.g. the Olympic Games or the FIFA World Cup Finals) and cannot therefore be televised simultaneously in full, the restrictions will apply to each match or competition as if it was a single event.
any invitation to express interest, whether in the form of public advertisement or closed tender, in the acquisition of the rights must have been communicated openly and simultaneously to broadcasters providing services in both categories,
at the beginning of any negotiation the documentation and/or marketing literature must set out in all material respects the process for negotiating and acquiring the rights and all material terms and conditions, including what rights were available,
if the rights to the listed event were included in a package of rights, the package must not have been more attractive to broadcasters providing services in one of the two categories. Preferably, the rights should be capable of being purchased independently of other rights, e.g. to highlights, delayed transmissions, other events,
the conditions or costs attached to the acquisition of the rights (for example, production costs) must have been clearly stated and must not be preferential to one category of service,
the price sought for the rights must have been fair, reasonable and non-discriminatory as between the two categories of programme service. What is a fair price will depend upon the rights being offered and the value of those rights to broadcasters. A wide range of prices is likely to be regarded as fair but when required to make its own judgment on the matter the ITC will have regard to, inter alia:
previous fees for the event or similar events,
time of day for live coverage of the event,
the revenue or audience potential associated with the live transmission of the event (e.g. the opportunity to sell advertising and sponsorship; the prospects for subscription income),
the period for which rights are offered, and
competition in the market place.
For an event scheduled to finish | Maximum delay |
---|---|
After midnight and up to 8 am | Edited highlights or delayed coverage to start not later than 10.00 am. |
Between 8.00 am and 8.30 pm | Up to 2 hours. |
Between 8.30 pm and 10.00 pm | Edited highlights or delayed coverage to start not later than 10.30 pm. |
Between 10.00 pm and midnight | Up to 30 minutes. |
[…]
January 2000
The Olympic Games
The FIFA World Cup Finals Tournament
The FA Cup Final
The Scottish FA Cup final (in Scotland)
The Grand National
The Derby
The Wimbledon Tennis finals
The European Football Championship finals Tournament
The Rugby League Challenge Cup final (*)
The Rugby World Cup final (*)
Cricket Test matches played in England
Non-finals play in the Wimbledon Tournament
All other matches in the Rugby World Cup Finals Tournament (*)
Five Nations Rugby Tournament matches involving home countries(4) (*)
The Commonwealth Games (*)
The World Athletics Championship (*)
The Cricket World Cup — the final, semi-finals and matches involving home nations’ teams (*)
The Ryder Cup (*)
The Open Golf Championship (*)
Restrictions apply to rights acquired after 1 October 1996 except for those events marked by an asterisk where the relevant date is 25 November 1997(5).
CHANNEL 3 (ITV)
CHANNEL 4
BBC 1
BBC 2
[Written answer from the Secretary of State to a Parliamentary Question of Hugh Bayley MP, 25 November 1997]U.K.
Mr Bayley: To ask the Secretary of State for Culture, Media and Sport what progress he has made in his review of the sports events listed under Part IV of the Broadcasting Act 1996; and if he will make a statement.
Mr Chris Smith: I have consulted interested parties about the principles which should guide the listing process, and I am today publishing criteria which I hope will make the process more transparent. I have also appointed an advisory group of individuals with knowledge of the sporting, broadcasting and public policy issues involved. The members of the group are:
Lord Gordon of Strathblane (chairman)
Mr Alastair Burt
Mr Jack Charlton
Mr Steve Cram
Kate Hoey, MP
Mr Michael Parkinson
Mr Clive Sherling
Prof. David Wallace
I have invited this group to consider the issues against these published criteria:
whether events or parts of events should be removed from the list; and
whether other major sporting events should be added to the list.
As an initial step in the process of reviewing the list, the rights holders for the events currently listed and a number of the other major sports events are being formally consulted, as the 1996 Act requires. The submissions received from them will be made available to the advisory group.
The rights holders for the following events are to be consulted:
Events currently listed:
The Olympic Games
The FIFA World Cup finals
The FA Cup final
The Scottish FA Cup final (listed only in Scotland)
Cricket Test Matches involving England
Wimbledon Tennis Tournament (finals weekend only currently listed)
The Grand National
The Derby
Other major sports events:
The Cricket World Cup
The Rugby World Cup
The European Football Championships
The Commonwealth Games
The World Athletics Championship
The British Grand Prix
The Five Nations Rugby Tournament
The Open (golf)
The Ryder Cup
The group may request that other events be included in the review and the rights holders for these events will be consulted.
The group will begin its work immediately and I expect it to make its recommendations to me before Easter. I shall then decide what changes, if any, to make to the current list.
[Extracts from a communication by the Ministry for Culture, Media and Sports, 25 November 1997]U.K.
[…]
In considering whether to list an event, the Secretary of State is required to consult the broadcasting regulators and the holders of the rights in question. The following note sets out the factors which the Secretary of State will take into account in deciding whether to list an event.
In order to be eligible to be listed, an event must meet the following main criterion:
the event has a special national resonance, not simply a significance to those who ordinarily follow the sport concerned; it is an event which serves to unite the nation; a shared point in the national calendar.
Such an event is likely to fall into one or both of the following categories:
it is a pre-eminent national or international event in the sport,
it involves the national team or national representatives in the sport concerned.
An event which satisfies the essential criterion is likely to be considered for listing, but listing of such an event is not automatic. It is more likely to be listed if it exhibits particular characteristics making listing an apt response, such as:
it is likely to command a large television audience,
it has a history of being broadcast live on free-to-air services.
In considering whether to list such an event, the Secretary of State will have regard to other factors affecting the likely costs and benefits to the sport concerned, to the broadcasting industry and to viewers, such as:
whether it is practical to offer full live coverage on a general channel — extended events such as season-long championships involving many matches will not normally be listed in their entirety,
the impact of listing in reducing the income or potential income of the sport, and the consequences of that reduction for its investment in increasing participation and/or improving levels of performance and/or in creating safe facilities,
the likely impact of listing on the broadcasting market, including future investment in sports broadcasting, the level of competition and the position of public service broadcasters,
whether there are arrangements to ensure that access to the event is available to all viewers by means of highlights, delayed coverage and/or radio commentary.
In considering events for listing, the Secretary of State will have regard to these other factors cumulatively. No single factor automatically commands listing as a response, nor does failure to meet an individual criterion disqualify an event from consideration.
[Written answer from the Secretary of State to a Parliamentary Question of Gareth R. Thomas MP, 25 June 1998]U.K.
Mr Gareth R. Thomas: To ask the Secretary of State for Culture, Media and Sport if he will make a statement about the outcome of his review of major events listed under Part IV of the Broadcasting Act 1996.
Mr Chris Smith: My review of the list is now complete. I have conducted it in the light of the criteria which I published last year. I consulted widely on the criteria and the content of the list and I have carefully considered the many representations made to me. I have accepted the general principles of the report produced by the Advisory Group chaired by Lord Gordon of Strathblane.
With immediate effect, I am revising the list of events under Part IV of the Broadcasting Act 1996.
I am retaining the following events on the list, requiring live coverage to be made available to free-to-air terrestrial television broadcasters (in Category A as specified in the 1996 Act):
The Olympic Games
The FIFA World Cup Finals Tournament
The FA Cup final
The Scottish FA Cup final (in Scotland)
The Grand National
The Derby
The Wimbledon Tennis finals.
I am adding the following events to the list on the same basis:
The European Football Championship Finals Tournament
The Rugby League Challenge Cup final
The Rugby World Cup final.
After careful consideration of the Advisory Group’s recommendations, I have concluded that a number of the matches in the World Cup and European Championships football qualifying tournaments meet the criteria for listing. I believe that it is important that crucial ties in these competitions should be available to all viewers and therefore intend to seek Europe-wide arrangements for protecting free-to-air live broadcasts of crucial matches in these competitions.
I am also listing some further events on a different understanding. For these events, I have recommended to the Independent Television Commission that live coverage might be allowed to be shown exclusively by a Category B broadcaster (as specified in the 1996 Act), provided there are satisfactory arrangements for secondary coverage by a Category A broadcaster. I have asked the ITC to consider setting a minimum acceptable standard for such secondary coverage, to include some combination of delayed full coverage, highlights and live radio commentary.
The events I am listing on this understanding are:
Cricket Test Matches played in England
Non-finals play in the Wimbledon Tournament
All other matches in the Rugby World Cup Finals Tournament
Five Nations Rugby Tournament matches involving home countries
The Commonwealth Games
The World Athletics Championship
The Cricket World Cup — the final, semi-finals and matches involving home nations teams
The Ryder Cup
The Open Golf Championship.
S.I. 1997/1174.
1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created by or arising under the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (Cm 2073) and the Protocol adjusting that Agreement signed at Brussels on 17 March 1993 (Cm 2183).
1996 c. 55.
The present annex reproduces the extracts from the ITC Code as notified by the UK to the Commission on 5 May 2000. However, the UK list was amended in 2001 following the change of name of this event to the Six Nations Rugby Tournament.
Following the change of name to Six Nations Rugby Tournament, the relevant date for this event is 24 January 2001.
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