Broadcasting Act 1990

F1 2 (1) No one person may, at any time when his audience time in respect of the period of twelve months ending with the last day of the preceding calendar month exceeds 15 per cent. of total audience time in respect of that period— U.K.

(a) hold two or more licences to provide relevant services falling within one or more of the categories specified in paragraph [F2 1(2)(a), (d), (e) or (h)],

(b) be a participant with a qualifying interest in two or more bodies corporate each of which holds a licence, or two or more licences, to provide services falling within one or more of those categories,

(c) hold any licence to provide a relevant service falling within any of those categories and be a participant with a qualifying interest in any body corporate which holds such a licence or two or more such licences,

(d) provide a foreign satellite service and either hold any licence to provide a relevant service falling within any of those categories or be a participant with a qualifying interest in a body corporate which holds such a licence or two or more such licences, or

(e) hold a licence to provide relevant services falling within the category specified in paragraph 1(2)(h) and provide two or more such services.

(2) For the purposes of sub-paragraph (1) a person’s audience time at any time (“the relevant time”) in respect of any period is the aggregate of—

(a) the audience time attributable in respect of that period to each relevant service falling within any of the categories specified in paragraph [F3 1(2)(a), (d) or (e)] provided under a licence held by him at the relevant time,

[F4 (aa) the audience time attributable in respect of that period to any relevant service falling within paragraph 1(2)(h) which is provided by him by means of a television multiplex service licensed under Part I of the Broadcasting Act 1996,; and]

(b) one half of the audience time attributable in respect of that period to any relevant service falling within any of the categories specified in paragraph [F3 1(2)(a), (d) or (e)] provided under a licence held by a body corporate which he does not control, but in which he is at the relevant time a participant with a qualifying interest,

[F5 (bb) one half of the audience time attributable in respect of that period to any relevant service falling within paragraph 1(2)(h) which is provided—

(i) by means of a television multiplex service licensed under Part I of the Broadcasting Act 1996, and

(ii) by a body corporate which he does not control, but in which he is at any relevant time a participant with a qualifying interest,]

and

(c) the audience time attributable in respect of that period to any foreign satellite service provided by him at the relevant time.

(3) In this paragraph “foreign satellite service” means any service (other than a [F6 satellite television] service) which consists in the transmission of television programmes by satellite, is provided on a frequency other than one allocated to the United Kingdom for broadcasting by satellite and either—

(a) appears to the Commission to be intended for general reception in the United Kingdom (whether or not it appears to them to be also intended for general reception elsewhere), or

(b) is (to any extent) relayed by a local delivery service.

(4) References in this paragraph—

(a) to the audience time attributable to any service in respect of any period, or

(b) to total audience time in respect of any period,

shall be construed in accordance with paragraph 3.

(5) In this paragraph ”qualifying interest” means an interest of more than 20 per cent.

(6) The Secretary of State may by order amend sub-paragraph (5)—

(a) by substituting a different percentage for any percentage for the time being specified there, and

(b) so as to specify different percentages in relation to licences to provide different services.

(7) The Secretary of State may by order amend sub-paragraphs (1)(a), (2)(a) and (b) by adding a reference to relevant services falling within the category specified in paragraph 1(2)(b).

Textual Amendments

F1 Sch. 2 Pt. III substituted (1.11.1996 except so far as relating to paras. 1(2)(b), 2(7) and otherwise 1.4.1997) by 1996 c. 55, s. 73, Sch. 2 Pt. III para. 10 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2; S.I. 1997/1005, art. 4

F2 Words in Sch. 2 Pt. III para. 2(1)(a) substituted (11.7.1997) by S.I. 1997/1682, art. 2, Sch. para. 16(3)(a)

F3 Words in Sch. 2 Pt. III para. 2(2)(a)(b) substituted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 7(2)(a)

F4 Sch. 2 Pt. III para. 2(2)(aa) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 7(2)(b)

F5 Sch. 2 Pt. III para. 2(2)(bb) inserted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 7(2)(c)

F6 Words in Sch. 2 Pt. III para. 2(3) substituted (11.7.1997) by S.I. 1997/1682, art. 2, Sch. para. 16(3)(b)