SCHEDULES

SCHEDULE 2U.K. Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences

Part IU.K. Amendments of Part I of Schedule 2

4U.K.After paragraph 3 of Part I of Schedule 2 there is inserted—

“3A(1)In this Schedule “coverage area”—

(a)in relation to any service licensed by the Commission under Part I of this Act or a television multiplex service licensed by them under Part I of the 1996 Act, means the area of the United Kingdom from time to time determined by the Commission as that within which the service is capable of being received at a level satisfying such technical standards as they may from time to time determine,

(b)in relation to any digital programme service which is broadcast by means of a television multiplex service, means the area of the United Kingdom from time to time determined by the Commission as that within which the digital programme service as so broadcast is capable of being received at such a level,

(c)in relation to any service licensed by the Authority under Part III of this Act, means the area of the United Kingdom from time to time determined by the Authority as that within which the service is capable of being received at a level satisfying such technical standards as they may from time to time determine, and

(d)in relation to any local radio multiplex service licensed by the Authority under Part II of the 1996 Act or any local digital sound programme service which is broadcast by means of such a local radio multiplex service, means the area of the United Kingdom from time to time determined by the Authority as that within which the local radio multiplex service is capable of being received at such a level.

(2)Where the Commission or the Authority make any determination under this paragraph, they shall—

(a)publish the determination in such manner as they think fit, and

(b)send a copy of it to such persons holding licences granted by them as appear to them to be affected by the determination.

3B(1)For the purposes of this Schedule—

(a)a person who holds a licence to provide digital programme services shall be taken to provide a digital programme service if, under a contract between him and a person who holds a licence to provide a television multiplex service, that person is obliged to broadcast the digital programme service by means of the television multiplex service;

(b)a person who holds a licence to provide national digital sound programme services shall be taken to provide a national digital sound programme service if, under a contract between him and a person who holds a licence to provide a national radio multiplex service, that person is obliged to broadcast the national digital sound programme service by means of the national radio multiplex service;

(c)a person who holds a licence to provide local digital sound programme services shall be taken to provide a local digital sound programme service if, under a contract between him and a person who holds a licence to provide a local radio multiplex service, that person is obliged to broadcast the local digital sound programme service by means of the local radio multiplex service.

(2)For the purposes of this Schedule a person who holds a licence to provide digital programme services, national digital sound programme services or local digital sound programme services shall also be taken to provide a digital programme service, a national digital sound programme service or a local digital sound programme service (as the case may be) if he also holds a relevant multiplex licence and is broadcasting that service under that licence.

(3)In sub-paragraph (2), “relevant multiplex licence” means—

(a)in relation to digital programme services, a licence to provide a television multiplex service,

(b)in relation to national digital sound programme services, a licence to provide a national radio multiplex service, and

(c)in relation to local digital sound programme services, a licence to provide a local radio multiplex service.”