The Broadcasting (Local Delivery Services) Order 1990

Article 2

SCHEDULE EXCEPTIONS TO THE CLASS OF SERVICES SPECIFIED IN ARTICLE 2

PART I INTERPRETATION

1.  In this Schedule–

“Channel 3” means the system of television broadcasting services established by the Commission under section 14 of the 1990 Act;

“Channel 4”, except where expressly provided otherwise, means the television broadcasting service referred to in section 24(1) of the 1990 Act;

“Channel 5” means the television broadcasting service referred to in section 28(1) of the 1990 Act;

“DBS service” has the meaning given to it by section 37(3) of the Cable and Broadcasting Act 1984(1);

“ITV” has the meaning given to it by section 10(2) of the Broadcasting Act 1981(2);

“the interim period” means the period referred to in paragraph 1(1) in Part II of Schedule 11 to the 1990 Act;

“local radio service” has the meaning given to “local service” by section 84(2) of the 1990 Act;

“national radio service” has the meaning given to “national service” by section 84(2) of the 1990 Act;

“the nominated company” means the company nominated for the purposes of section 127(1) of the 1990 Act;

“public telecommunications operator” has the meaning given to it by section 9(3) of the Telecommunications Act 1984(3);

“S4C” means the television broadcasting service referred to in section 57(1) of the 1990 Act;

“satellite” includes both domestic and non-domestic satellite services within the meaning of section 43(1) and (2) of the 1990 Act;

“television broadcasting service” has the meaning given by section 2(5) of the 1990 Act;

“the transfer date” means the day appointed under section 127(1) of the 1990 Act.

2.  In this Schedule, any reference to the number of channels on which a DBS service is provided is a reference to the number of frequencies involved.

PART II EXCEPTED SERVICES

1.  A service provided for the purpose of the delivery of only the following services:

(a) during the interim period:

(i) BBC television broadcasting services;

(ii) ITV;

(iii) Channel 4, within the meaning of Schedule 11 to the 1990 Act, or S4C, subject to paragraph 6 of Part II of that Schedule, as the case may be; and

(iv) any teletext services provided within the spare capacity of the frequencies on which the services mentioned in paragraphs (i) to (iii) above are provided;

(b) after the interim period:

(i) BBC television broadcasting services;

(ii) Channel 3;

(iii) Channel 4 or S4C, as the case may be; and

(iv) any teletext services provided within the spare capacity of the frequencies on which the services mentioned in paragraphs (i) to (iii) above are provided;

(c) the services described in subparagraph (a) or (b) above, and the DBS service, provided that the number of channels on which that service is being provided on the transfer date is less than five; or

(d) the services described in subparagraph (a), (b) or (c) above, and any of the services referred to in section 72(2)(d) or (e) of the 1990 Act.

2.  A service which consists in the transmission for general reception by any person for the purpose of the delivery of any of the following services:

(a) Channel 3;

(b) Channel 4;

(c) S4C;

(d) Channel 5;

(e) any local radio service; or

(f) any national local radio service.

3.  A service which consists in the transmission by satellite of programme services for general reception.

4.  A service which is provided by the BBC.

5.  A service which is provided by a public telecommunications operator and consists only of the service referred to in section 72(2)(e) of the 1990 Act.

(1)

1984 c. 46.

(2)

1981 c. 68.

(3)

1984 c. 12.