the BBC Charter and Agreement, and

the provisions of this Act and of Part 5 of the 1996 Act,

are to have such powers and duties as may be conferred on them by or under the BBC Charter and Agreement; and

are entitled, to the extent that they are authorised to do so by the Secretary of State or under the terms of that Charter and Agreement, to act on his behalf in relation to that Charter and Agreement.

this Part, or

the BBC Charter and Agreement,

agreed from time to time between the BBC and OFCOM; or

(in default of agreement) fixed by the Secretary of State.

to be activities that it is appropriate for them to carry on in association with the carrying out of their primary functions; and

to be connected, otherwise than merely in financial terms, with activities undertaken by them for the carrying out of those functions.

securing the continued provision of Channel 4; and

the fulfilment of the public service remit for that Channel under section 265.

by specifying the sum which the outstanding borrowing of C4C must not at any time exceed; or

by providing a method of determining the sum which that borrowing must not exceed.

must include the continuing provision of the television broadcasting service known as Sianel Pedwar Cymru (“S4C”); and

may include the continuing provision of the service provided in digital form and known as S4C Digital.

subtitling in relation to programmes included in the service; and

other services which are ancillary to programmes included in S4C and which are directly related to their contents.

assistance for disabled people in relation to programmes included in the service; and

any other service (other than one mentioned in paragraph (a)) which is an ancillary service in relation to S4C Digital.

replacing the requirement of the Welsh Authority to provide S4C with a requirement to provide a service in digital form;

requiring the Welsh Authority to secure that arrangements are made for that service and S4C Digital to be merged and provided as one service (also to be known as “S4C Digital”); and

applying enactments relating to the provision of S4C or S4C Digital to the provision of the merged service.

the service appears to them to satisfy the requirements of subsection (3); and

the provision by them of the service has been approved by an order made by the Secretary of State.

are provided with a view to being made available for reception wholly or mainly by members of the public in Wales or otherwise to be received or used by persons in Wales;

are services appearing to them to satisfy the requirements of subsection (3); and

are services the provision of which by the Authority has been approved by an order made by the Secretary of State.

the nature and other characteristics of the service that is approved; and

in the case of a service that is a television programme service, a public service remit for that service.

assistance for disabled people in relation to programmes included in the service;

other services which are ancillary to programmes included in the service and which are directly related to their contents; and

any other service (other than one mentioned in paragraph (a) or (b)) which is an ancillary service in relation to so much of the service as is provided in digital form.

to be activities that it is appropriate for them to carry on in association with the carrying out of their function of providing S4C, S4C Digital or a service the provision of which is approved under section 205; and

to be connected, otherwise than merely in financial terms, with activities undertaken by them for the carrying out of that function.

must be contained in an order made by him; and

may be a general approval in relation to a description of activities or a specific approval in relation to particular activities.

do not include the provision of a licensable service; but

do include activities for securing the provision of such a service by an S4C company and other activities connected with the provision of such a service by such a company.

the formation of a company to provide a programme service;

the taking of steps by means of which a company that is providing such a service becomes an S4C company.

in respect of their reception or use in Wales of any of the Authority’s public services;

in respect of their reception in Wales of any service consisting in the provision of assistance for disabled people in relation to programmes included in any one or more of those services; or

in respect of their reception in Wales of any service (other than one mentioned in paragraph (b)) which is an ancillary service in relation to any of the Authority’s public services provided in digital form.

agreed from time to time between the Authority and OFCOM; or

(in default of agreement) fixed by the Secretary of State.

in subsection (2) (application of fund), for “their functions under section 57(1) or (1A)(a)” there shall be substituted “their functions in relation to the provision of the services that are public services of the Authority (within the meaning of section 207 of the Communications Act 2003).”; and

in subsection (4) (programmes to be broadcast first on S4C or S4C Digital), for the words from “on S4C” onwards there shall be substituted “on a television programme service that is one of their public services (within the meaning of section 207 of the Communications Act 2003)”.

S4C;

S4C Digital; and

the services the provision of which by the Authority is authorised by or under section 205.

in sub-paragraph (1), for “sub-paragraph (2)” there shall be substituted “sub-paragraphs (1A) and (2)”;

after sub-paragraph (1) there shall be inserted—

services falling within subsection (2) that are provided otherwise than by the BBC or the Welsh Authority; and

services falling within subsection (3) that are provided otherwise than by the BBC.

television broadcasting services that are provided from places in the United Kingdom with a view to their being broadcast otherwise than only from a satellite;

television licensable content services that are provided by persons under the jurisdiction of the United Kingdom for the purposes of the Television without Frontiers Directive;

digital television programme services that are provided by persons under the jurisdiction of the United Kingdom for the purposes of that Directive;

restricted television services that are provided from places in the United Kingdom; and

additional television services that are provided from places in the United Kingdom.

television multiplex services that are provided from places in the United Kingdom; and

digital additional television services that are provided by persons under the jurisdiction of the United Kingdom for the purposes of the Television without Frontiers Directive.

be a licence to provide the licensed service with a view to its being broadcast in digital form; and

contain such condition (if any) requiring the provider of the service to ensure that the whole or a part of the service is also provided for broadcasting in analogue form as OFCOM consider appropriate.

the programmes (apart from the advertisements) that are included in the service provided in analogue form, and

the times at which they are broadcast,

must be a licence which continues in force, from the time from which it takes effect, until the end of the licensing period beginning or current at that time; and

shall be renewable, on one or more occasions, under section 216.

the period beginning with the commencement of this section and ending with the initial expiry date; or

any subsequent period of ten years beginning with the end of the previous licensing period.

charges on persons in respect of their reception in the United Kingdom of the licensed service;

charges on persons in respect of their reception in the United Kingdom of any service consisting in the provision of assistance for disabled people in relation to programmes included in the licensed service; and

charges on persons in respect of their reception in the United Kingdom of any service (other than one mentioned in paragraph (b)) which is an ancillary service in relation to so much of the licensed service as is provided in digital form.

to provide a Channel 3 service; or

to provide Channel 5.

must be an offer to exchange his existing licence for a replacement licence; and

must be made as soon as practicable after the television transfer date.

Part 1 of the 1990 Act; and

section 214 of this Act;

is provided with a view to its being broadcast in digital form; but

subject to that and to any requirements of section 214, appears to OFCOM to be a service that is equivalent in all material respects to the service the provision of which in analogue form was authorised by the existing licence.

the same amount in respect of each complete calendar year falling wholly or partly within the period for which the replacement licence is in force, and

an amount equal to the same percentage of the qualifying revenue for each accounting period of the licence holder falling within that period,

the terms of the proposed replacement licence;

the conditions on which OFCOM are proposing to grant the replacement licence;

the period for which the offer is open;

the date on which the proposed replacement licence will be granted if the offer is accepted;

the time as from which it is proposed that that licence will take effect if the offer is accepted; and

the time from which the existing licence will cease to have effect if the offer is not accepted.

in the case of the time set out under paragraph (e), be in the period of twelve months beginning with the television transfer date; and

in the case of the time set out under paragraph (f), be in the period of eighteen months after the end of the period set out under paragraph (c) of that subsection.

he is entitled, on the date set out in the offer, to be granted, in accordance with Part 1 of the 1990 Act and section 214 of this Act, a replacement licence under that Part in the terms, and on the conditions, so set out;

the replacement licence shall come into force, and the existing licence cease to have effect, at the time specified in the offer, or such later time as OFCOM may, with the consent of that person, direct; and

the service which he is authorised to provide by the replacement licence, so far as it is provided in digital form, shall be a qualifying service for the purposes of Part 1 of the 1996 Act.

does not elect, during the period for which the offer is open, to exchange the existing licence for the replacement licence, or

rejects the offer before the end of that period,

a licence to provide a Channel 3 service, or

a licence to provide Channel 5,

begins four years before the end of the current licensing period; and

ends three months before the day that OFCOM have determined to be the day by which they would need to publish a tender notice if they were proposing to grant a fresh licence to take effect from the end of that period.

must be made at least one year before the day determined; and

must be notified by OFCOM to every person who, at the time of the determination, holds a licence in respect of which there is right to apply for renewal under this section.

decide whether they will be renewing the licence;

if they decide that they will be, determine in accordance with section 217 the financial terms on which the licence will be renewed; and

notify the applicant of their decision and determination.

the public service remit for the licensed service;

programming quotas;

news and current affairs programmes; and

programme production and regional programming.

the area for which it would be provided; or

the times of the day, or days of the week, between or on which it would be provided.

the applicant notifies OFCOM that he accepts the terms notified to him under subsection (4)(c), and

they are not required or allowed by subsections (5) to (7) to refuse a renewal,

to make a decision or determination, or

to take any other step under this section,

the period beginning with the commencement of this section and ending with the initial expiry date; or

any subsequent period of ten years beginning with the end of the previous licensing period.

a determination of the amount which the holder of the renewed licence will be required by the conditions of that licence to pay to OFCOM in respect of the first complete calendar year falling within the renewal period; and

a determination of the percentage of qualifying revenue for each accounting period of the licence holder falling within the renewal period which the holder of that licence will be required by those conditions to pay to OFCOM.

different percentages may be determined for different accounting periods; and

the percentages that may be determined for an accounting period include a nil percentage.

in addition to any fees required to be paid by virtue of section 4(1)(b) of the 1990 Act, but

instead of the amounts payable under the corresponding provision applicable under the conditions of the licence to the period before the renewal takes effect,

in respect of the first complete calendar year falling within the renewal period, the amount determined under subsection (1)(a);

in respect of each subsequent year falling wholly or partly within the renewal period, that amount increased by the appropriate percentage; and

in respect of each accounting period of the licence holder falling within the renewal period, an amount representing a specified percentage of qualifying revenue for that accounting period.

a single teletext service provided in digital form with a view to its being broadcast by means of a television multiplex service; and

for so long as Channel 4, S4C and one or more Channel 3 services are broadcast in analogue form, an analogue teletext service.

requires the contents of the two services comprised in the public teletext service to be the same;

prevents the service from including different items for different parts of the United Kingdom or prevents the different items from being made available only in the parts of the United Kingdom for which they are included; or

prevents the licence holder from making arrangements authorised by virtue of section 220 for the provision of the whole or a part of the public teletext service by another.

to make frequencies available for the purposes of Channel 3 services, Channel 4 and S4C; and

to make determinations for the purposes of section 48(2)(b) of the 1990 Act (determinations of spare capacity),

must be a licence which continues in force, from the time from which it takes effect, until the end of the licensing period beginning or current at that time; and

shall be renewable, on one or more occasions, under section 222.

the period beginning with the commencement of this section and ending with the initial expiry date; or

any subsequent period of ten years beginning with the end of the previous licensing period.

include provision enabling the licence holder to authorise an eligible person to provide the whole or a part of the public teletext service on his behalf; and

impose conditions subject to and in accordance with which the whole or a part of that service may be provided by a person authorised by the licence holder.

must be an offer to exchange his existing licence for a replacement licence; and

must be made as soon as practicable after the television transfer date.

for the purposes of section 218 of this Act; and

in accordance with section 219 of this Act and the provisions of Part 1 of the 1990 Act;

a service that appears to OFCOM to be equivalent in all material respects to the existing service; and

a service that appears to them to be equivalent in all material respects to the teletext service in digital form which that person is required to provide by virtue of section 30 of the 1996 Act.

the same amount in respect of each complete calendar year falling wholly or partly within the period for which the replacement licence is in force, and

an amount equal to the same percentage of the qualifying revenue for each accounting period of the licence holder falling within that period,

the terms of the proposed replacement licence;

the conditions on which OFCOM are proposing to grant the replacement licence;

the period for which the offer is open;

the time as from which it is proposed the replacement licence will take effect if the offer is accepted; and

the time from which the existing licence will cease to have effect if the offer is not accepted.

in the case of the time set out under paragraph (d), be in the period of twelve months beginning with the television transfer date; and

in the case of the time set out under paragraph (e), be in the period of eighteen months after the end of the period set out under paragraph (c) of that subsection.

he is entitled to be granted the replacement licence in the terms, and on the conditions, set out in the offer; and

the replacement licence shall come into force, and the existing licence cease to have effect, at the time specified in the offer, or such later time as OFCOM may, with the consent of that person, direct.

does not elect, during the period for which the offer is open, to exchange the existing licence for the replacement licence, or

rejects the offer before the end of that period,

is being provided immediately before the television transfer date on the combined spare capacity available for the provision of additional television services on frequencies on which Channel 3 services and Channel 4 are provided; and

is the service by reference to which the Independent Television Commission have discharged their duty under section 49(2) of the 1990 Act.

begins four years before the end of the current licensing period; and

ends three months before the day that OFCOM have determined to be the day by which they would need to publish a tender notice if they were proposing to grant a fresh licence to take effect from the end of that period.

must be made at least one year before the day determined; and

must be notified by OFCOM to the holder, at the time of the determination, of the licence to provide the public teletext service.

decide whether they will be renewing the licence;

if they decide that they will be, determine in accordance with section 223 the financial terms on which the licence will be renewed; and

notify the applicant of their decision and determination.

references to the award of a licence were references to its renewal; and

the reference in subsection (7)(a) to section 19(1) of that Act were a reference to paragraph 7 of Schedule 10.

the public service remit for the public teletext service;

news; and

regional matters.

the applicant notifies OFCOM that he accepts the terms notified to him under subsection (4)(c), and

they are not required or allowed by subsections (5) to (7) to refuse a renewal,

to make a decision or determination, or

to take any other step under this section,

the period beginning with the commencement of this section and ending with the initial expiry date; or

any subsequent period of ten years beginning with the end of the previous licensing period.

a determination of the amount which the holder of the renewed licence will be required by the conditions of that licence to pay to OFCOM in respect of the first complete calendar year falling within the renewal period;

a determination of the percentage of qualifying revenue for each accounting period of the licence holder falling within the renewal period which he will be required by those conditions to pay to OFCOM.

different percentages may be determined for different accounting periods; and

the percentages that may be determined for an accounting period include a nil percentage.

is to be exercisable before 30th June 2013 only if he has fixed a date after 30th June 2013 as the date for digital switchover; and

is not to be exercisable on or after 30th June 2013 if he has fixed 30th June 2013 or an earlier date as the date for digital switchover.

that order shall not affect the earliest time at which an application for the renewal of that licence may be made in accordance with section 216(2)(a) or 222(2)(a);

as soon as reasonably practicable after making the order, OFCOM must make such modification of any determination made by them in the case of that licence for the purposes of section 216(2)(b) or 222(2)(b) as they consider appropriate in consequence of the extension; and

neither section 216(3)(a) nor section 222(3)(a) applies to the making of that modification.

the services comprised in Channel 3; and

Channel 5.

begins four years before the first notional expiry date; and

ends with the day before the day that OFCOM have determined to be the one by which they would need to publish a tender notice if they were proposing to grant a fresh licence to take effect from the first notional expiry date.

begins four years before a subsequent notional expiry date; and

ends with the day before the day that OFCOM have determined to be the one by which they would need to publish a tender notice if they were proposing to grant a fresh licence to take effect from that notional expiry date.

must be made at least one year before the day determined; and

must be notified by OFCOM to the person who, at the time of the determination, holds the licence in question.

at any time when an application under section 226 for a review of those terms is pending; or

at any time in the period of twelve months following the day on which a determination by OFCOM on such an application is notified to the licence holder.

a Channel 3 service;

Channel 5; or

the public teletext service.

begins with the day on which the order is made; and

ends with the time at which, by virtue of the order, one or more of sections 272, 273 and 274 come into force in the case of the licence in question.

determine the amount to be paid to them under the conditions of the licence for the first calendar year falling wholly or partly within the period under review to begin after the application date; and

determine the percentage to be used for computing the payments to be made to them under those conditions in respect of each accounting period falling within the period under review to begin after that date.

section 15 of the 1990 Act (licences for Channel 3 service or Channel 5); or

paragraph 3 of Schedule 10 to this Act.

different percentages may be determined for different accounting periods; and

the percentages that may be determined for an accounting period include a nil percentage.

in the case of the holder of a licence to provide a Channel 3 service or Channel 5, in accordance with section 19 of and Part 1 of Schedule 7 to the 1990 Act; and

in the case of the holder of the licence to provide the public teletext service, in accordance with Part 3 of Schedule 10 to this Act.

the determination made by OFCOM;

the modifications of the applicant’s licence that are required to give effect to the determination;

a date by which the applicant must notify OFCOM whether or not he accepts the determination and modifications; and

a subsequent date by which the applicant’s licence will cease to have effect if he does not.

the next notional expiry date after the application for the review; and

the end of the licensing period in which that application was made.

his licence is to have effect with the modifications set out in OFCOM’s notification; and

all such adjustments by way of payment or repayment as may be necessary for giving effect to the modifications are to be made in respect of any payments already made for years or periods affected by the modifications.

prepare a report under this section; and

submit it to the Secretary of State no later than thirty months before the end of that period.

the arrangements that (but for an order under section 230) would allow for the renewal of relevant licences from the end of the current licensing period; and

the conditions included in the regulatory regimes for the services provided under relevant licences.

his power under section 230; or

any of the powers to make statutory instruments that are conferred on him by Chapter 4 of this Part.

he may require OFCOM to prepare a supplementary report in the light of the postponement of the beginning of the next licensing period; and

it shall be the duty of OFCOM, within such period as may be specified by the Secretary of State, to prepare the required supplementary report and to submit it to him.

the report contains a recommendation by OFCOM for the making of an order under this section, or

the Secretary of State considers, notwithstanding the absence of such a recommendation, that it would be appropriate to do so,

an order applying to every licence to provide a Channel 3 service;

an order applying to every licence to provide a national Channel 3 service; or

an order applying to every licence to provide a regional Channel 3 service.

the person to whom a licence may be granted on an application made under section 15 of the 1990 Act or under paragraph 3 of Schedule 10 to this Act; or

rights of renewal in respect of licences first granted so as to take effect from the beginning of a licensing period beginning after the making of the order, or from a subsequent time.

Channel 4 shall cease to be licensed under the licence in force for the purposes of section 24(3) of the 1990 Act immediately before the commencement of this subsection; and

a licence granted for those purposes in accordance with the following provisions of this section shall come into force as the licence under which Channel 4 is licensed.

to prepare a draft of a licence under Part 1 of the 1990 Act to replace the licence that is likely to be in force for the purposes of section 24(3) of the 1990 Act when subsection (1) of this section comes into force;

to notify C4C of the terms and conditions of the replacement licence they propose; and

after considering any representations made by C4C, to grant such a replacement licence to C4C so that it takes effect in accordance with paragraph (b) of subsection (1) of this section.

must be a licence to provide a service with a view to its being broadcast in digital form; and

must contain such conditions (if any) requiring C4C to ensure that the whole or a part of Channel 4 is also provided for broadcasting in analogue form as OFCOM consider appropriate.

the programmes (apart from the advertisements) that are included in the service provided in analogue form, and

the times at which they are broadcast,

such a licence may be renewed, on one or more occasions, for such period as OFCOM may think fit in relation to the occasion in question; and

the provisions of this section (apart from subsections (1), (2) and (6)) are to apply in the case of a licence granted by way of a renewal of a licence granted under this section as they apply in the case of the replacement licence.

charges on persons in respect of their reception in the United Kingdom of Channel 4;

charges on persons in respect of their reception in the United Kingdom of any service consisting in the provision of assistance for disabled people in relation to programmes included in Channel 4; and

charges on persons in respect of their reception in the United Kingdom of any service (other than one mentioned in paragraph (b)) which is an ancillary service in relation to so much of Channel 4 as is provided in digital form.

the broadcasting of the service (whether by the person providing it or by another) from a satellite; or

the distribution of the service (whether by that person or by another) by any means involving the use of an electronic communications network.

is provided (whether in digital or in analogue form) as a service that is to be made available for reception by members of the public; and

consists of television programmes or electronic programme guides, or both.

a service consisting of television programmes, an electronic programme guide or both (“the main service”) is provided by a person as a service to be made available for reception by members of the public, and

that person provides the main service with other services or facilities that are ancillary to, or otherwise relate to, the main service and are also provided so as to be so available or in order to make a service so available,

for the transmission of visual images or sounds (or both) by the person providing the service to users of the service; and

for the transmission of visual images or sounds (or both) by those users for reception by the person providing the service or by other users of the service.

a licence to provide a television broadcasting service;

the licence to provide the public teletext service; or

a licence to provide additional television services.

it forms part only of a service provided by means of that electronic communications service or is one of a number of services access to which is made available by means of a service so provided; and

the service of which it forms part, or by which it may be accessed, is provided for purposes that do not consist wholly or mainly in making available television programmes or radio programmes (or both) for reception by members of the public.

it is distributed by means of an electronic communications network only to persons all of whom are on a single set of premises; and

that network is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises.

a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and

two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.

persons who have a business interest in the programmes included in the service; or

persons who are to receive the programmes for the purpose only of showing them to persons falling within sub-paragraph (a) or to persons all of whom are on the business premises of the person receiving them.

for the purposes of a business carried on by him; or

for the purposes of his employment.

any business or other activities carried on by a body of which he is a member and the affairs of which are managed by its members; and

the carrying out of any functions conferred on that person, or on any such body, by or under any enactment.

the protection which, taking account of the means by which the programmes and services are received or may be accessed, is expected by members of the public as respects the contents of television programmes;

the extent to which members of the public are able, before television programmes are watched or accessed, to make use of facilities for exercising control, by reference to the contents of the programmes, over what is watched or accessed;

the practicability of applying different levels of regulation in relation to different services;

the financial impact for providers of particular services of any modification of the provisions of that section; and

technological developments that have occurred or are likely to occur.

must be made in such manner,

must contain such information about the applicant, his business and the service he proposes to provide, and

must be accompanied by such fee (if any),

they are required to do so by section 3(3) of the 1990 Act (licences to be held only by fit and proper persons);

they are required to do so by section 5 of the 1990 Act (restrictions on the holding of licences); or

that the holder of a licence to provide a television licensable content service has contravened a condition of the licence; and

that the contravention can be appropriately remedied by the inclusion in the licensed service of a correction or a statement of findings (or both).

give a direction to a BBC company under subsection (2), or

receive representations from a BBC company by virtue of subsection (4),

has contravened a condition of the licence, or

has failed to comply with a direction given by OFCOM under or by virtue of a provision of this Part, Part 1 of the 1990 Act or Part 5 of the 1996 Act,

£250,000; and

5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

serve a notice on a BBC company under subsection (1), or

receive representations from a BBC company by virtue of subsection (6),

that the holder of the licence is in contravention of a condition of the licence or is failing to comply with a direction given by them under or by virtue of any provision of this Part, Part 1 of the 1990 Act or Part 5 of the 1996 Act; and

that the contravention or failure, if not remedied, would justify the revocation of the licence.

state that OFCOM are satisfied as mentioned in subsection (1);

specify the respects in which, in their opinion, the licence holder is contravening the condition or failing to comply with the direction; and

state that OFCOM will revoke the licence unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified.

that the person on whom the notice was served has failed to take the steps specified in it, and

that it is necessary in the public interest to revoke his licence,

that the holder of the licence has ceased to provide the licensed service, and

that it is appropriate for them to do so,

that the holder of a licence to provide a television licensable content service has provided them, in connection with his application for the licence, with information which was false in a material particular, or

that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,

serve a notice on a BBC company under this section, or

receive representations from a BBC company by virtue of subsection (7),

that the holder of the licence has included in the service one or more programmes containing material likely to encourage or to incite the commission of crime, or to lead to disorder;

that, in doing so, he has contravened conditions contained by virtue of Chapter 4 of this Part in the licence to provide that service; and

that the contravention is such as to justify the revocation of the licence.

state that OFCOM are satisfied as mentioned in subsection (1);

specify the respects in which, in their opinion, the licence holder has contravened the condition mentioned in paragraph (b) of that subsection;

state that OFCOM may revoke the licence after the end of the period of twenty-one days beginning with the day on which the notice is served on the licence holder; and

inform the licence holder of his right to make representations to OFCOM within that period about the matters appearing to OFCOM to provide grounds for revoking the licence.

the revocation of the licence takes effect; or

OFCOM decide not to revoke the licence.

any satellite television service (as defined, disregarding its repeal by this Act, in section 43(1) of the 1990 Act); or

any licensable programme service (as defined, disregarding its repeal by this Act, in section 46(1) of that Act).

shall have effect, on and after the television transfer date, as a licence under Part 1 of the 1990 Act authorising the provision of the television licensable content service comprised in the licensed service;

shall so have effect as a licence which, notwithstanding its terms and conditions, is to continue in force until such time as it is surrendered or is revoked in accordance with provisions of this Chapter or of the 1990 Act; and

shall otherwise have effect as a licence on the same terms and conditions as those on which it had effect immediately before the television transfer date.

falls within subsection (2); and

is provided for broadcasting for general reception but otherwise than from a satellite.

it consists in the packaging together of two or more services which include at least one relevant television service and are provided for inclusion together in the service by a combination of the relevant information in digital form; or

it is a service provided with a view to its being a service falling within paragraph (a) but is one in the case of which only one service is for the time being comprised in digital form in what is provided.

a television multiplex service is licensed under Part 1 of the 1996 Act; and

that service is one broadcast using a station or apparatus the use of which is authorised by a wireless telegraphy licence,

ceases to be licensed under Part 1 of the 1996 Act in respect of that service, or

ceases to exist,

any Channel 3 service in digital form;

Channel 4 in digital form;

Channel 5 in digital form;

S4C Digital;

any digital television programme service;

the digital public teletext service.

in paragraph (c), (digital programmes services included in multiplex must be provided by a licence holder or EEA broadcaster), after “section 18” there shall be inserted “, by the BBC”;

in paragraph (d), (digital additional services included in multiplex must be provided by a licence holder or EEA broadcaster), after “section 25” there shall be inserted “, by the BBC”;

after that paragraph there shall be inserted—

in paragraph (e), after “digital programme services” there shall be inserted “, digital sound programme services”;

in paragraph (f), after “digital programme service” there shall be inserted “, a digital sound programme service”; and

for paragraph (h) (conditions as to composition of multiplex service), there shall be substituted—

after the words “digital programme services”, in the first place where they occur, there shall be inserted “or digital sound programme services”; and

for “digital programme services broadcast under the licence” there shall be substituted “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,”.

for “(1)(h)” there shall be substituted “(1A)”;

in paragraph (a), for “the qualifying teletext service” there shall be substituted “the digital public teletext service”;

in paragraph (b)(i), after “the 1990 Act)” there shall be inserted “, or in one or more digital sound programme services provided by the BBC,”

in paragraph (c), for “digital programme services” there shall be substituted “services falling within subsection (1A) which are comprised in the multiplex in question”.

for any or all of the provisions of sections 7 to 16 and of sections 18 and 19 of the 1996 Act to have effect with the modifications specified in the order; and

for provision made by the order to have effect in place of any or all of those provisions.

licences under Part 1 of the 1996 Act, and

the awarding and grant of such licences,

agreed between the broadcaster and the holder of the licence to provide the television multiplex service, or

in default of agreement, determined by OFCOM in accordance with the order,

the holder of a licence to provide a Channel 3 service;

C4C;

the holder of a licence to provide Channel 5;

the Welsh Authority;

the public teletext provider.

any of the provisions of this Part (apart from this section and the provisions relating exclusively to sound services), or

any provision of Part 1 of the 1990 Act or of Part 1 of the 1996 Act (regulation of television services),

the description is of services to be provided in digital form with a view to their being included in a television multiplex service;

the description is confined to services falling within one or both of subsections (3) and (4); and

the Secretary of State is satisfied that the making of an order under this section in relation to that description of services will make possible, facilitate or encourage the provision of services so falling.

intended for reception only at a particular establishment or otherwise on particular premises; or

provided for the purposes only of a particular event.

they are intended for reception only within a particular area or locality;

their provision meets, or would meet, the needs of the area or locality where they are received;

their provision is or would be likely to broaden the range of television programmes available for viewing by persons living or working in that area or locality; and

their provision is or would be likely to increase the number and range of the programmes about that area or locality that are available for such viewing, or to increase the number of programmes made in that area or locality that would be so available.

their provision brings social or economic benefits to the area or locality, or to different categories of persons living or working in that area or locality; or

they cater for the tastes, interests and needs of some or all of the different descriptions of people living or working in the area or locality (including, in particular, tastes, interests and needs that are of special relevance in the light of the descriptions of people who do so live and work).

services specified in subsection (2) that are provided from places in the United Kingdom and otherwise than by the BBC;

services so specified that do not fall within paragraph (a) but are provided by a person, other than the BBC, whose principal place of business is in the United Kingdom.

sound broadcasting services to which subsection (3) applies;

radio licensable content services;

additional radio services;

radio multiplex services;

digital sound programme services;

digital additional sound services.

is provided with a view to its being broadcast otherwise than only from a satellite; and

is a national service, local service or restricted service.

a service is a national service if it is a sound broadcasting service provided as mentioned in subsection (3)(a) with a view to its being broadcast for reception in any such minimum area of the United Kingdom as may be determined in accordance with section 98(2) of the 1990 Act;

a service is a local service if it is a sound broadcasting service which (without being a national service) is provided as mentioned in subsection (3)(a) with a view to its being broadcast for reception in a particular area or locality in the United Kingdom; and

is provided with a view to its being broadcast from a satellite;

is a service the broadcasting of which involves its transmission to the satellite by means of an electronic communications network from a place in the United Kingdom; and

is not a service the provision of which is licensed or otherwise authorised under the laws of another EEA State.

the broadcasting of the service (whether by the person providing it or by another) from a satellite; or

the distribution of the service (whether by that person or by another) by any means involving the use of an electronic communications network.

consists of sound programmes; and

is provided (whether in digital or in analogue form) as a service that is to be made available for reception by members of the public.

it is provided with a view to its being broadcast by means of a multiplex service;

it is a sound broadcasting service to which subsection (3) of section 245 applies; or

it is comprised in a television licensable content service.

it forms part only of a service provided by means of that electronic communications service or is one of a number of services access to which is made available by means of a service so provided; and

the service of which it forms part, or by which it may be accessed, is provided for purposes that do not consist wholly or mainly in making available services of radio programmes or television programmes (or both) for reception by members of the public.

for the transmission of sounds by the person providing the service to users of the service; and

for the transmission of sounds by those users for reception by the person providing the service or by other users of the service.

it is distributed by means of an electronic communications network only to persons all of whom are on a single set of premises; and

that network is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises.

a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and

two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.

persons who have a business interest in the programmes included in the service; or

persons who are to receive the programmes for the purpose only of allowing them to be listened to by persons falling within sub-paragraph (a) or by persons all of whom are on the business premises of the person receiving them.

for the purposes of a business carried on by him; or

for the purposes of his employment.

any business or other activities carried on by a body of which he is a member and the affairs of which are managed by its members; and

the carrying out of any functions conferred on that person, or on any such body, by or under any enactment.

the protection which is expected by members of the public as respects the contents of sound programmes;

the practicability of applying different levels of regulation in relation to different services;

the financial impact for providers of particular services of any modification of the provisions of that section; and

technological developments that have occurred or are likely to occur.

must be made in such manner,

must contain such information about the applicant, his business and the service he proposes to provide, and

must be accompanied by such fee (if any),

the substitution of the word “or” for paragraph (b) of subsection (1) of section 110 (power to shorten licence period); and

the omission of “(b)” in subsection (4) of that section and of subsection (5) of that section (which refer to the power disapplied by paragraph (a) of this subsection).

any satellite service (as defined, disregarding its repeal by this Act, in section 84(2)(b) of the 1990 Act); or

any licensable sound programme service (as defined, disregarding its repeal by this Act, in section 112(1) of that Act).

shall have effect, on and after the radio transfer date, as a licence under Part 3 of the 1990 Act authorising the provision of the radio licensable content service comprised in the licensed service;

shall so have effect as a licence which, notwithstanding its terms and conditions, is to continue in force until such time as it is surrendered or is revoked in accordance with provisions of the 1990 Act; and

shall otherwise have effect as a licence on the same terms and conditions as those on which it had effect immediately before the radio transfer date.

begins three years before the date on which the licence would otherwise expire; and

ends three months before the day that OFCOM have determined to be the day by which they would need to publish a notice under section 98(1) or 104(1) of the 1990 Act if they were proposing to grant a fresh licence to take effect from that date.

must be made at least one year before the day determined; and

must be notified by OFCOM to the person who holds the licence in question.

must be made in such manner,

must contain such information about the applicant, his business and the service he proposes to provide, and

must be accompanied by such fee (if any),

modify the licence by extending the period for which the licence is to be in force by such period authorised by subsection (2) as they think fit; and

make such other modifications as appear to them to be necessary for the purpose of securing that the provisions of the licence correspond to those that would be contained in a national sound broadcasting licence or (as the case may be) a local sound broadcasting licence granted after the radio transfer date.

the ability of the licence holder to maintain the service for the period of the extension; and

shall determine an amount which is to be payable to OFCOM by the licence holder in respect of the first complete calendar year falling within the period for which the licence is extended; and

may, in relation to any accounting period of the licence holder during the period of the extension, modify a condition included in the licence in pursuance of section 102(1)(c) of the 1990 Act (additional payments to be made in respect of national licences) by specifying a different percentage of the qualifying revenue for that accounting period from that which was previously specified in the condition.

different percentages may be specified for different accounting periods; and

the percentages that may be specified for an accounting period include a nil percentage.

that the amount falling to be paid under the conditions of the licence for each calendar year subsequent to that for which an amount has been determined in accordance with subsection (8)(a) is the amount so determined as increased by the appropriate percentage; and

that such adjustments as are appropriate are made as respects sums already paid in respect of any year or accounting period to which a modification under subsection (8) applies.

has been notified by OFCOM of their proposals for modifications by virtue of subsection (6)(b) or (8)(b), and for the making of a determination under subsection (8)(a); and

has consented to the extension on the terms proposed.

falls within subsection (2);

is provided for broadcasting for general reception but otherwise than from a satellite; and

is not a television multiplex service.

it consists in the packaging together (with or without other services) of two or more relevant sound services which are provided for inclusion together in that service by a combination of the relevant information in digital form; or

it is a service provided with a view to its being a service falling within paragraph (a) but is one in the case of which only one relevant sound service is for the time being comprised in digital form in what is provided.

a radio multiplex service is licensed under Part 2 of the 1996 Act; and

that service is one broadcast using a station or apparatus the use of which is authorised by a wireless telegraphy licence,

ceases to be licensed under Part 2 of the 1996 Act in respect of that service, or

ceases to exist,

a digital sound programme service;

a simulcast radio service; and

a digital additional sound service.

for “paragraph (1)(h)” there shall be substituted “subsection (1A)”; and

in sub-paragraph (i), for the words from “(within” to “1990 Act” there shall be substituted “(within the meaning of section 245 of the Communications Act 2003)”.

for “subsection (1)” there shall be substituted “subsection (2A)”; and

for “paragraph (h) of that subsection” there shall be substituted “that subsection”.

after the definitions of “digital sound programme service” and “digital sound programme licence” there shall be inserted—

after the definition of “technical service” there shall be inserted—

any of the provisions of this Part (apart from this section and the provisions relating exclusively to television), or

any provision of Part 3 of the 1990 Act or of Part 2 of the 1996 Act (regulation of radio services),

the description is of services to be provided primarily for the good of members of the public or of a particular community, rather than for commercial reasons; and

he considers that the provision of services of that description confer, or would confer, significant benefits on the public or on the communities for which they are provided.

their powers under the 1990 Act and the 1996 Act, and

their powers under this Part,

the licence for a Channel 3 service, for Channel 4, for Channel 5 or for the public teletext service (“the main service”) authorises or requires a corresponding or additional service to be provided in analogue form, and

the regulatory regime for the main service imposes obligations in relation to programmes and other items included in that service,

as soon as practicable after the end of the period of twelve months beginning with the commencement of this section, and

as soon as practicable after the end of each such subsequent period as may be selected by OFCOM for the purposes of this section,

an obligation to carry out a review of the extent to which the public service broadcasters have, during that period, provided relevant television services which (taking them all together over the period as a whole) fulfil the purposes of public service television broadcasting in the United Kingdom; and

an obligation, with a view to maintaining and strengthening the quality of public service television broadcasting in the United Kingdom, to prepare a report on the matters found on the review.

the provision of relevant television services which secure that programmes dealing with a wide range of subject-matters are made available for viewing;

the provision of relevant television services in a manner which (having regard to the days on which they are shown and the times of day at which they are shown) is likely to meet the needs and satisfy the interests of as many different audiences as practicable;

the provision of relevant television services which (taken together and having regard to the same matters) are properly balanced, so far as their nature and subject-matters are concerned, for meeting the needs and satisfying the interests of the available audiences; and

determining the extent to which any of the purposes of public service television broadcasting in the United Kingdom are fulfilled, and

reviewing and reporting on that matter,

that the relevant television services (taken together) comprise a public service for the dissemination of information and for the provision of education and entertainment;

that cultural activity in the United Kingdom, and its diversity, are reflected, supported and stimulated by the representation in those services (taken together) of drama, comedy and music, by the inclusion of feature films in those services and by the treatment of other visual and performing arts;

that those services (taken together) provide, to the extent that is appropriate for facilitating civic understanding and fair and well-informed debate on news and current affairs, a comprehensive and authoritative coverage of news and current affairs in, and in the different parts of, the United Kingdom and from around the world;

that those services (taken together) satisfy a wide range of different sporting and other leisure interests;

that those services (taken together) include what appears to OFCOM to be a suitable quantity and range of programmes on educational matters, of programmes of an educational nature and of other programmes of educative value;

that those services (taken together) include what appears to OFCOM to be a suitable quantity and range of programmes dealing with each of the following, science, religion and other beliefs, social issues, matters of international significance or interest and matters of specialist interest;

that those services (taken together) include what appears to OFCOM to be a suitable quantity and range of high quality and original programmes for children and young people;

that those services (taken together) include what appears to OFCOM to be a sufficient quantity of programmes that reflect the lives and concerns of different communities and cultural interests and traditions within the United Kingdom, and locally in different parts of the United Kingdom;

that those services (taken together), so far as they include programmes made in the United Kingdom, include what appears to OFCOM to be an appropriate range and proportion of programmes made outside the M25 area.

the costs to persons providing relevant television services of the fulfilment of the purposes of public service television broadcasting in a manner compatible with subsection (6); and

the sources of income available to each of them for meeting those costs.

specify, and comment on, whatever changes appear to OFCOM to have occurred, during the period to which the report relates, in the extent to which the purposes of public service television broadcasting in the United Kingdom have been satisfied;

specify, and comment on, whatever changes appear to OFCOM to have occurred, during that period, in the manner in which those purposes are fulfilled;

set out the findings of OFCOM on their consideration of the matters mentioned in subsection (7) and any conclusions they have arrived at in relation to those findings; and

set out OFCOM’s conclusions on the current state of public service television broadcasting in the United Kingdom.

every statement of programme or service policy which has been made by virtue of this Chapter by a public service broadcaster, or which is treated as such a statement;

every equivalent statement of policy made by the BBC in pursuance of the BBC Charter and Agreement; and

such matters arising at times before the coming into force of this section as OFCOM consider material.

as soon as practicable after its preparation is complete; and

in such manner as they consider appropriate.

the television broadcasting services provided by the BBC;

the television programme services that are public services of the Welsh Authority (within the meaning of section 207);

every Channel 3 service;

Channel 4;

Channel 5;

the public teletext service.

the BBC;

the Welsh Authority;

the providers of the licensed public service channels; and

the public teletext provider.

for every Channel 3 service, and

for Channel 5,

demonstrates innovation, experiment and creativity in the form and content of programmes;

appeals to the tastes and interests of a culturally diverse society;

makes a significant contribution to meeting the need for the licensed public service channels to include programmes of an educational nature and other programmes of educative value; and

exhibits a distinctive character.

an analogue teletext service, and

a teletext service provided in digital form,

as soon as practicable after the coming into force of this section and subsequently at annual intervals, to prepare a statement of programme policy; and

to monitor his own performance in the carrying out of the proposals contained in the statements made in pursuance of the condition.

the public service remit for the channel will be fulfilled; and

the duties imposed on the provider by virtue of sections 277 to 296 will be performed.

must be prepared having regard to guidance given by OFCOM;

must be prepared taking account of the reports previously published by OFCOM under sections 264 and 358;

must take special account of the most recent such reports;

must be published by the provider of the channel in question as soon as practicable after its preparation is complete; and

must be published in such manner as, having regard to any guidance given by OFCOM, the provider considers appropriate.

from time to time to review the guidance for the time being in force for the purposes of this section; and

to make such revisions of that guidance as they think fit.

as if it were a statement made in relation to such period as may be so specified; and

were a statement of programme policy for the purposes of a condition imposed under this section.

whether before or after the commencement of this section, for the purposes of his application for a Broadcasting Act licence for the channel; or

at any time before the commencement of this section, for any other purpose.

to consult OFCOM before preparing the statement; and

to take account, in the preparation of the statement, of any opinions expressed to the provider of the channel by OFCOM.

to revise that statement in accordance with any directions given to him by OFCOM; and

to publish a revision of the statement in accordance with any such directions only after the revision has been approved by OFCOM.

regard must be had to any guidance issued by OFCOM;

the changes to be considered include any changes that, together with any proposed change for a particular year, would constitute a change occurring gradually over a period of not more than three years; and

the previous years with which a comparison is to be made must be those immediately preceding the year in which the change is made, or in which the changes comprised in it began to occur.

from time to time to review the guidance for the time being in force for the purposes of this section; and

to make such revisions of that guidance as they think fit.

as soon as practicable after the coming into force of this section and subsequently at annual intervals, to prepare a statement of service policy; and

to monitor his own performance in the carrying out of the proposals contained in statements made in pursuance of the condition.

an analogue teletext service, and

a teletext service provided in digital form,

must be prepared having regard to guidance given by OFCOM;

must be prepared taking account of the reports previously published by OFCOM under sections 264 and 358;

must take special account of the most recent such reports;

must be published by the public teletext provider as soon as practicable after its preparation is complete; and

must be published in such manner as, having regard to any guidance given by OFCOM, that provider considers appropriate.

from time to time to review the guidance for the time being in force for the purposes of this section; and

to make such revisions of that guidance as they think fit.

as if it were a statement made in relation to such period as may be so specified; and

were a statement of service policy for the purposes of a condition imposed under this section.

whether before or after the commencement of this section, for the purposes of his application for a Broadcasting Act licence for the public teletext service or for the existing service (within the meaning of section 221); or

at any time before the commencement of this section, for any other purpose.

to consult OFCOM before preparing the statement; and

to take account, in the preparation of the statement, of any opinions expressed to the provider of the service by OFCOM.

to revise that statement in accordance with any directions given to him by OFCOM; and

to publish a revision of the statement in accordance with any such directions only after the revision has been approved by OFCOM.

regard must be had to any guidance issued by OFCOM;

the changes to be considered include any changes that, together with any proposed change for a particular year, would constitute a change occurring gradually over a period of not more than three years;

the previous years with which a comparison is to be made must be those immediately preceding the year in which the change is made, or in which the changes comprised in it began to occur; and

any change that is a significant change in relation to so much of the public teletext service as is provided in digital form or in relation to so much of it as is provided in analogue form is to be regarded as a significant change in relation to the whole service.

from time to time to review the guidance for the time being in force for the purposes of this section; and

to make such revisions of that guidance as they think fit.

has failed to fulfil the public service remit for that channel or the public teletext service; or

has failed, in any respect, to make an adequate contribution towards the fulfilment of the purposes of public service television broadcasting in the United Kingdom.

OFCOM are of the opinion that the failure of the provider is serious and is not excused by economic or market conditions; and

OFCOM determine that the situation requires the exercise of their powers under this section.

the public service remit of that provider;