Broadcasting Act 1990 (c. 42)

Part III U.K. Independent Radio Services

Modifications etc. (not altering text)

C1 Pt. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Chapter IV U.K. Additional Services Provided on Sound Broadcasting Frequencies

114 Additional services. U.K.

(1) In this Part “additional service” means any service which consists in the sending of [F1 electronic] signals for transmission by wireless telegraphy by means of the use of the spare capacity within the signals carrying any sound broadcasting service provided—[F2 on a relevant frequency].

(2) For the purposes of this Part the spare capacity within the signals carrying any such broadcasting service shall be taken to be [F3 any part of the signals which—

(a) is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and

(b) is determined by OFCOM to be available for the provision of additional services;]

and references in this Part to spare capacity shall be construed accordingly.

[F4 (2A) At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.

(2B) A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.]

(3) [F5 OFCOM shall, when determining under subsection (2)] the extent and nature of the spare capacity available for the provision of additional services in the case of any frequency on which a national service is provided, have regard to any need of the person providing that service to be able to use part of the signals carrying it for providing services which are ancillary to programmes included in the service.

(4) A person holding a national licence shall be taken for the purposes of this Part to be authorised by his licence to provide any such services as are mentioned in subsection (3).

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (6) In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.

(7) In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.]

Textual Amendments

F1 Word in s. 114(1) substituted (25.7.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(2)(a) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1

F2 Words in s114(1) substituted for s. 14(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(2)(b) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 S. 114(2)(a)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(3) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 S. 114(2A)(2B) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(4) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 114(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(5) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 S. 114(5) 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)

F7 S. 114(6)(7) substituted for s. 114(6) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 52(6) (with Sch. 17 para. 52(7), Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)