The Satellite Television Service Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations under section 2(2) of the European Communities Act 1972 give effect in the United Kingdom to Article 2(1) and (2) and Article 3(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (“the Broadcasting Directive”). The European Court of Justice found, in a judgment dated 10 September 1996, that the United Kingdom had failed to fulfil its obligations under those Articles by misinterpreting the basis on which satellite broadcasters fell within UK jurisdiction, by applying different regimes to domestic satellite services and non-domestic satellite services and by exercising control over broadcasts transmitted by broadcasters falling within the jurisdiction of other Member States.

Paragraph 3 of the Schedule replaces section 43 of the Broadcasting Act 1990 (“the 1990 Act”) (domestic and non-domestic satellite services) with a new section so as to remove the distinction between the two types of satellite service and create a new service known as a satellite television service. The provider of such a service (defined in the substituted section 43(3) as the person who is in a position to determine what is to be included in the service) will be licensable by the Independent Television Commission (“the ITC”) if he is either established in the UK or, not being established anywhere in the EEA, he makes use of a UK frequency or UK satellite capacity or an uplink situated in the UK.

Paragraph 4 of the Schedule effects the consequential abolition of domestic satellite services while paragraph 5 renames non-domestic satellite services as satellite television services.

Paragraphs 7, 12 and 13 of the Schedule prevent the double licensing by the ITC of programme services provided by persons established in the EEA.

Paragraph 15 of the Schedule provides that satellite television service licences may be held by non-EEA nationals and religious bodies.

The other amendments of the 1990 Act made by the Schedule are minor and consequential.

Regulation 3 provides that satellite licences granted before the commencement of the Regulations shall be varied to take account of the new jurisdiction test.

Regulation 4 provides that persons who will require a satellite licence as a result of the coming into force of the Regulations will not be committing an offence under section 13 of the 1990 Act by providing a service without a licence for the first three months after the commencement of the Regulations.

Regulation 5 modifies the effect of the existing order under section 79 of the 1990 Act to reflect the amendment of that section made by paragraph 12 of the Schedule to the Regulations.