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(1)Subject to subsection (2), [F1OFCOM] shall do all that they can to secure that, in the case of each [F2relevant frequency], all of the spare capacity available for the provision of additional services on that frequency is used for the provision of such services under additional services licences granted by [F1OFCOM] in accordance with this section.
[F3(1A)An additional services licence is not required for an additional service that is comprised in the public teletext service (within the meaning of Part 3 of the Communications Act 2003).]
(4)An additional services licence may relate to the use of spare capacity within more than one frequency; and two or more additional services licences may relate to the use of spare capacity within the same frequency where it is to be used at different times, or in different areas, in the case of each of those licences.
(5)An additional services licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as [F1OFCOM] may impose, to authorise any person to whom this subsection applies to provide any additional service on the spare capacity allocated by the licence.
(6)Subsection (5) applies to any person who is not a disqualified person in relation to an additional services licence by virtue of Part II of Schedule 2 to this Act.
(7)Any conditions included in an additional services licence shall apply in relation to the provision of additional services by a person authorised as mentioned in subsection (5) as they apply in relation to the provision of such services by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.
(8)Every licence under this Part to provide a television broadcasting service shall include such conditions as appear to [F1OFCOM] to be appropriate for securing that the licence holder grants—
(a)to any person who holds a licence to provide additional services on the frequency on which that broadcasting service is provided, and
(b)to any person who is authorised by any such person as mentioned in subsection (5) to provide additional services on that frequency,
access to facilities reasonably required by that person for the purposes of, or in connection with, the provision of any such additional services.
(9)Any person who grants to any other person access to facilities in accordance with conditions imposed under subsection (8) may require that other person to pay a reasonable charge in respect thereof; and any dispute as to the amount of any such charge shall be determined by [F1OFCOM] .
(10)In this Part “additional services licence” means a licence to provide additional services [F4and “relevant frequency” has the same meaning as in section 48.]
Textual Amendments
F1Words in s. 49 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 49(1) substituted for s. 49(1)(a)(b) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3S. 49(1A) substituted for s. 49(2)(3) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with arts. 8, 11)
F4Words in s. 49(10) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 21(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Modifications etc. (not altering text)
C1Pt. I: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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