Broadcasting Act 1996

14 Multiplex revenue.U.K.

(1)For the purposes of [F1this Part] the multiplex revenue for each accounting period of [F2the person who is the multiplex provider in relation to any television multiplex service or any general multiplex service] shall consist of—

(a)all payments received or to be received by him or any person connected with him from a person other than a programme provider or an additional services provider—

(i)in consideration of the inclusion in that period, in any digital programme service or digital additional service broadcast by means of [F3the relevant multiplex] , of advertisements or other programmes, or

(ii)in respect of charges made in that period for the reception of programmes included in any such digital programme service or digital additional service,

(b)all payments received or to be received by him or any person connected with him in respect of the broadcasting of [F4by means of the multiplex service of any service which is a qualifying service or which (without being a qualifying service) is provided by the BBC] ,

(c)all payments received or to be received by any programme provider or any person connected with him from a person other than [F5the multiplex provider] , an additional services provider or another programme provider—

(i)in consideration of the inclusion in that period, in any digital programme service provided by him for broadcasting by means of [F5the relevant multiplex] , of advertisements or other programmes, or

(ii)in respect of charges made in that period for the reception of programmes included in any such digital programme service, and

(d)all payments received or to be received by any additional services provider or any person connected with him from a person other than [F5the multiplex provider] , a programme provider or another additional services provider—

(i)in consideration of the inclusion in that period, in any digital additional service provided by him for broadcasting by means of [F5the relevant multiplex] , of advertisements or other programmes, or

(ii)in respect of charges made in that period for the reception of programmes included in any such digital additional service.

(2)If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (1)(a)(i), any payments are made to [F6the multiplex provider] or any connected person to meet any payments payable by [F6the multiplex provider] by virtue of section 13(1), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.

(3)In the case of an advertisement included as mentioned in subsection (1)(a)(i), (c)(i) or (d)(i) under arrangements made between—

(a)[F6the multiplex provider] , a programme provider or an additional services provider or any person connected with any of them, and

(b)a person acting as an advertising agent,

the amount of any receipt by [F6the multiplex provider] , programme provider or additional services provider or any connected person that represents a payment by the advertiser from which the advertising agent has deducted any amount by way of commission shall, except in a case falling within subsection (4), be the amount of the payment by the advertiser after the deduction of the commission.

(4)If the amount deducted by way of commission as mentioned in subsection (3) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.

(5)If, in any accounting period of [F6the multiplex provider] , a programme provider or an additional services provider or a person connected with any of them derives, in relation to any programme to be included in the relevant service, any financial benefit (whether direct or indirect) from payments made by any person other than [F6the multiplex provider] , by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the relevant payments shall be taken to include the amount of the financial benefit so derived by [F6the multiplex provider] or the connected person, as the case may be.

(6)In subsection (5)—

(a)“the relevant service” means—

(i)in relation to a programme provider or a person connected with him, any digital programme service provided as mentioned in subsection (1)(c)(i), and

(ii)in relation to an additional services provider or a person connected with him, any digital additional service provided as mentioned in subsection (1)(d)(i), and

(b)“relevant payments” means—

(i)in relation to a programme provider, the payments referred to in subsection (1)(c), and

(ii)in relation to an additional services provider, the payments referred to in subsection (1)(d).

(7)Where, in any accounting period of [F6the multiplex provider] —

(a)[F6the multiplex provider] provides a digital programme service or digital additional service for broadcasting by means of the multiplex service,

(b)[F6the multiplex provider] is engaged in any activity which, if engaged in by another person, would result in payments falling within subsection (1)(a) being made to [F6the multiplex provider] ,

(c)a programme provider is engaged in any activity which, if engaged in by another person, would result in payments falling within subsection (1)(c) being made to the programme provider, or

(d)an additional services provider is engaged in any activity which, if engaged in by another person, would result in payments falling within subsection (1)(d) being made to the additional services provider,

[F7OFCOM] may, if they consider that the amount which would (apart from this subsection) be the multiplex revenue for that accounting period is less than it would have been if the digital programme service or digital additional service had been provided, or the activity engaged in, by another person at arm’s length, treat the multiplex revenue as increased by the amount of the difference.

(8)Where, in any accounting period of the holder of the multiplex licence, [F6the multiplex provider] or a programme provider or additional services provider receives payments falling within subsection (1)(a), (b), (c) or (d) from a person connected with him and it appears to [F7OFCOM] that the amount which (apart from this subsection) would be the multiplex revenue for that accounting period is less than it would have been if the arrangements between him and the connected person were such as might be expected between parties at arm’s length, [F7OFCOM] may treat the multiplex revenue as increased by the amount of the difference.

(9)In this section—

• “additional services provider”, in relation to [F8a television multiplex service or a general multiplex service] , means any person who provides any digital additional service for broadcasting by means of [F9that multiplex service] ;

• “ [F10multiplex provider”— ”

  in relation to a television multiplex service for which a person holds a licence under this Part, means the licence holder; and

  in relation to a television multiplex service which is not licensed under this Part or a general multiplex service, means the person who provides that service;]

• “programme provider”, in relation to [F8a television multiplex service or a general multiplex service] , means any person who provides a digital programme service for broadcasting by means of [F9that multiplex service] .

• “ [F11the relevant multiplex - ”

  in relation to a multiplex provider falling within paragraph (a) of the definition of that expression, means the television multiplex service to which his licence relates; and

  in relation to any other multiplex provider, means the television multiplex service or general multiplex service which is provided by him;

  and this section and section 15 shall have effect as if references in this section to digital programme services included references to digital sound programme services and references to digital additional services included references to digital additional services within the meaning of Part 2.]