Part 3Television and Radio Services
F2F1Chapter 2Regulatory Structure for Independent Television Services
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.
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)