Part 3Television and Radio Services

F2F1Chapter 2Regulatory Structure for Independent Television Services

Annotations:
Amendments (Textual)
F2

Ss. 214-244 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)

F1

Ss. 214-244 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)

Television licensable content services

I1233Services that are not television licensable content services

1

A service is not a television licensable content service to the extent that it is provided with a view to its being broadcast by means of a F3television multiplex service or a general multiplex service .

2

A service is not a television licensable content service to the extent that it consists of a service the provision of which is authorised by—

a

a licence to provide a television broadcasting service;

b

the licence to provide the public teletext service; or

c

a licence to provide additional television services.

F53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A service is not a television licensable content service if it is a two-way service (within the meaning of section 232).

5

A service is not a television licensable content service if—

a

it is distributed by means of an electronic communications network only to persons all of whom are on a single set of premises; and

b

that network is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises.

6

For the purposes of subsection (5)—

a

a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and

b

two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.

7

A service is not a television licensable content service if it is provided for the purpose only of being received by persons who have qualified as users of the service by reason of being—

a

persons who have a business interest in the programmes included in the service; or

b

persons who are to receive the programmes for the purpose only of showing them to persons falling within sub-paragraph (a) or to persons all of whom are on the business premises of the person receiving them.

8

For the purposes of subsection (7) a person has a business interest in programmes if he has an interest in receiving or watching them—

a

for the purposes of a business carried on by him; or

b

for the purposes of his employment.

9

In this section—

  • business premises”, in relation to a person, means premises at or from which any business of that person is carried on;

  • F4...

  • premises” includes a vehicle;

  • vehicle” includes a vessel, aircraft or hovercraft.

10

References in this section, in relation to a person, to a business include references to—

a

any business or other activities carried on by a body of which he is a member and the affairs of which are managed by its members; and

b

the carrying out of any functions conferred on that person, or on any such body, by or under any enactment.