The Television Broadcasting Regulations 1998

Explanatory Note

(This note is not part of the Order)

These Regulations under section 2(2) of the European Communities Act 1972 give effect in the United Kingdom to Article 2 and Article 2a(1) of Council Directive 89/552/EEC on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as inserted by Council Directive 97/36/EC amending Council Directive 89/552/EEC on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities.

Paragraph 1 of the Schedule inserts a new subsection (1)(cc) into, and substitutes subsection (1)(d) of, section 2 of the Broadcasting Act 1990, so as to provide that it shall be the function of the Independent Television Commission to regulate the provision of; digital programme services provided by persons who for the purposes of Council Directive 89/552/EEC are under the jurisdiction of the United Kingdom other than the BBC and the Welsh Authority; and digital additional services provided by persons, who for the purposes of Council Directive 89/552/EEC are under the jurisdiction of the United Kingdom, other than the BBC.

Paragraphs 2 to 6 of the Schedule amend sections 43, 46, 79, 177 and 202 of the Broadcasting Act 1990 so as to provide that a satellite television service means a service which consists in the transmission for general reception of television programmes by satellite and is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of the United Kingdom.

Paragraph 6 of the Schedule further inserts, into section 202 of the Broadcasting Act 1990, a new subsection (4A), so as to provide that any reference in the Broadcasting Act 1990 to Council Directive 89/552/EEC is a reference to that Directive as amended by Directive 97/36/EC of the European Parliament and Council. By virtue of section 147(2) of the Broadcasting Act 1996, this provision will also apply to references being inserted in Part I of that Act.

Paragraph 7 of the Schedule amends Part III of Schedule 2 to the Broadcasting Act 1990, so as to provide that, in relation to applying the general limit on the holding of licences to provide television services or interests in bodies corporate (paragraph 2 of Part III of Schedule 2) and the limit in relation to provision of digital programme services (paragraph 7 of Part III of Schedule 2), the provision of all digital programme services provided by means of a television multiplex service licensed under Part I of the Broadcasting Act 1996 shall be taken into account.

Paragraph 8 of the Schedule amends section 1 of the Broadcasting Act 1996 by inserting a new subsection (1A) and a new subsection (4A), so as to define separately what is meant by “for general reception” for the purposes of subsection (1) (multiplex services) and subsection (4) (digital programme services) and by omitting the definition of “general reception” in subsection (7).

Paragraph 9 of the Schedule amends subsections (1)(c) and (1)(d) of section 12 of the Broadcasting Act 1996 (the conditions attached to a multiplex licence), so as to provide that an EEA broadcaster (as defined for the purposes of that section) can provide digital programme services broadcast under a multiplex licence without being the holder of a licence under section 18 of the Broadcasting Act 1996 (a digital programme licence) and an EEA broadcaster can provide digital additional services broadcast under a multiplex licence without being the holder of a licence under section 25 of the Broadcasting Act 1996 (a digital additional licence) respectively. An EEA broadcaster means a person who, for the purposes of Council Directive 89/552/EEC, is under the jurisdiction of an EEA State other than the United Kingdom.

Paragraph 10 of the Schedule amends section 24 of the Broadcasting Act 1996, so as to provide that a digital additional service means any service which is provided by any person with a view to its being broadcast in digital form (whether by him or by some other person) by means of a multiplex service; or for general reception in, or in any area in an EEA State other than the United Kingdom, but is not a digital programme service, a qualifying service, an ancillary service or a technical service.

Paragraph 11 of the Schedule amends section 25 of the Broadcasting Act 1996, so as to provide that, subject to subsection (6) of section 25, sections 6 to 12 of the Broadcasting Act 1990 (general provisions relating to services licensed under Part I of that Act) shall apply in relation to any digital additional service which is licensed under Part I of the Broadcasting Act 1996 and is broadcast for general reception in or in any area in, the United Kingdom or in any other EEA State as they apply in relation to services licensed under Part I of the Broadcasting Act 1990.