SCHEDULES
SCHEDULE 15Amendments of Broadcasting Acts
Part 2Amendments of the 1996 Act
Reservation of digital capacity for BBC
I1108
1
Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be amended as follows.
2
In subsections (1) to (3) and (6), for “the Authority”, wherever occurring, there shall be substituted “
OFCOM
”
.
3
In subsection (4)
(determination of capacity to be reserved), for the words from “If the BBC” to “the Secretary of State, who may” there shall be substituted “
If the BBC do not give their consent to the proposals within such period as OFCOM may specify in their notice under subsection (3), OFCOM shall
”
.
4
In subsection (5), for words from “the Secretary of State” onwards there shall be substituted “
OFCOM shall give the BBC an opportunity of making representations to them about their proposals.
”
5
In subsection (6), after “and the BBC” there shall be inserted “
or (in default of agreement) determined under this section
”
.
6
After that subsection there shall be inserted—
7
Where the holder of the licence and the BBC fail to agree—
a
the payments to be made under a condition included in the licence in accordance with subsection (6), or
b
the other terms that are to apply in relation to the use of digital capacity in accordance with such a condition,
either of them may refer the matter to OFCOM for determination.
8
Before making a determination under subsection (7), OFCOM must give the licence holder and the BBC an opportunity of making representations to them about the matter.
9
In making any determination under subsection (7), OFCOM shall have regard to—
a
the expenses incurred, or likely to be incurred, by the licence holder in providing the local radio multiplex service in question, and
b
the terms on which persons providing local radio multiplex services contract with persons providing local digital additional services for the broadcasting of those services.