The Independent Analogue Broadcasters (Reservation of Digital Capacity) Order 1996

PART I PRELIMINARY

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Independent Analogue Broadcasters (Reservation of Digital Capacity) Order 1996 and shall come into force on 20th November 1996.

(2) In this Order—

(a) “the 1990 Act” means the Broadcasting Act 1990;

(b) “the 1996 Act” means the Broadcasting Act 1996;

(c) “the C3/C4 multiplex licence” means the licence to provide a multiplex service on the frequency designated by the Secretary of State, pursuant to section 28(2) of the 1996 Act, as one of the frequencies to which section 28 applies and in relation to which 48.5 per cent. of the digital capacity is reserved for the Channel 3 companies, 48.5 per cent. for Channel Four and 3 per cent. for the public teletext provider;

(d) “the C5/S4C multiplex licence” means the licence to provide a multiplex service on the frequency designated by the Secretary of State, pursuant to section 28(2) of the 1996 Act, as one of the frequencies to which section 28 applies and in relation to which 50 per cent. of the digital capacity is reserved for the holder of the Channel 5 licence throughout the United Kingdom and 50 per cent. of the digital capacity is reserved for the Welsh Authority for the purposes of broadcasts which may be received wholly or mainly in Wales;

(e) “acquisition” includes acquisition on hire or loan;

(f) “Channel Four” means the Channel Four Television Corporation;

(g) “the Channel 3 companies” means the holders of national or regional Channel 3 licences; and

(h) “controlled” shall be construed in accordance with Part I of Schedule 2 to the 1990 Act; and

(i) “qualifying company” has the same meaning as in section 24(6) of the 1990 Act.

(3) For the purposes of any provision of this Order which refers to a body corporate controlled by two or more persons taken together, the persons in question shall not be regarded as controlling the body corporate by virtue of sub-paragraph 2(h) unless they are acting together in concert.