Part IIU.K. Digital terrestrial sound broadcasting

Digital additional services provided on sound broadcasting frequenciesU.K.

66 Enforcement of digital additional services licences.U.K.

(1)If [F1OFCOM] are satisfied that the holder of a digital additional services licence has failed to comply with any condition of the licence or with any direction given by [F1OFCOM] under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

(a)a notice requiring him to pay, within a specified period, a specified financial penalty to [F1OFCOM] ,

(b)a notice providing that the licence is to expire on a specified date, which shall be at least one year from the date of service of the notice, or

(c)a notice suspending the licence for a specified period not exceeding six months.

(2)Subject to subsection (4), the amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a digital additional services licence shall not exceed [F2the maximum penalty given by subsection (2A).]

[F3(2A)The maximum penalty is whichever is the greater of—

(a)£250,000; and

(b)5 per cent. of the aggregate amount of the shares of multiplex revenue attributable to him in relation to relevant multiplex services in respect of relevant accounting periods.]

(4)Where the holder of a digital additional services licence has not provided any digital additional services for broadcasting by means of a [F4relevant multiplex service] , the amount of any penalty imposed on him under subsection (1)(a) shall not exceed [F5£250,000] .

(5)In [F6subsection (2A)] “relevant accounting period”, in relation to a [F7relevant multiplex service, means the last accounting period of the multiplex provider] .

(6)Where, in the case of any [F8relevant multiplex service] , the first accounting period of the [F9multiplex provider] throughout which the holder of the digital additional services licence provides a digital additional service for broadcasting by means of [F10that relevant multiplex service] (“the first period”) has [F11not ended when the penalty is imposed, then for the purposes of this section] the share of multiplex revenue attributable to the holder of the digital additional services licence in relation to [F10that relevant multiplex service] for the relevant accounting period shall be taken to be the amount which [F1OFCOM] estimate to be the share of multiplex revenue attributable to him for the first period.

[F12(6A)A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue attributable to a person in relation to national radio multiplex services is to be in accordance with section 57(2) and (3).

(6B)A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue attributable to a person in relation to general multiplex services is to be in accordance with section 15(2) and (3).]

[F13(6B)For the purposes of this section, a service is a relevant multiplex service if it is—

(a)a national radio multiplex service; or

(b)a general multiplex service.

(6C)In this section, “multiplex provider”—

(a)in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and

(b)in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.]

(7)[F1OFCOM] shall not serve on any person any notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(8)Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), [F1OFCOM] may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

(9)Where [F1OFCOM] serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

(10)Subject to subsections (11) and (12), section 109 (power to require scripts etc. or broadcasting of correction or [F14statement of findings] or not to repeat programme) and section 111 (power to revoke licences) of the 1990 Act shall apply in relation to a digital additional services licence as they apply in relation to a licence under Chapter II of Part III of the 1990 Act.

(11)In its application in relation to a digital additional services licence, section 109(1) of the 1990 Act shall have effect with the substitution for the reference to a direction under Part III of that Act of a reference to a direction under this Part.

(12)In its application in relation to a digital additional services licence, section 111 of the 1990 Act shall have effect—

(a)with the substitution for the reference in subsection (1)(a) to Part III of that Act of a reference to this Part, and

(b)with the omission of subsection (4) and of the reference to that subsection in subsection (6).

(13)It is hereby declared that any exercise by [F1OFCOM] of their powers under subsection (1) in respect of any failure to comply with any condition of a digital additional services licence shall not preclude any exercise by [F1OFCOM] of their powers under section 109 of the 1990 Act in respect of that failure.