SCHEDULE 1
Regulation 3
Amendments of primary legislation
PART 1
Amendments of Broadcasting Act 1990
1. In section 177 of the Broadcasting Act 19906(orders proscribing unacceptable foreign satellite services), in subsection (6)7, in the definition of “foreign satellite service”, for paragraph (a) (including the “or” at the end) substitute—
“(a)
“(a) a service which—
(i) consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom,
(ii) does not fall within subsection (2)(a) or (b) of section 211 of the Communications Act 2003 (regulation of independent television services), and
(iii) is not provided by the BBC or the Welsh Authority, or”.
PART 2
Amendments of Broadcasting Act 1996
2. The Broadcasting Act 19968is amended as follows.
3. In section 1 (multiplex services and digital programme services), in subsection (4A)9, for “EEA State” substitute “CTT State”.
4.—(1) Section 12 (conditions attached to multiplex licence) is amended as follows.
(2) In subsection (1)10—
(a)
(a) in paragraph (c), for “an EEA broadcaster” substitute “a CTT broadcaster or are exempt Irish services”, and
(b)
(b) in paragraph (d), for “an EEA broadcaster” substitute “a CTT broadcaster or are exempt Irish services”.
(3) For subsection (3A)11substitute—
“3A In subsection (1)(c) and (d)—
“CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a CTT State other than the United Kingdom;
“exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.”.
5. In section 24 (digital additional services), in subsection (1)(b)(ii), for “an EEA State” substitute “a CTT State”.
6. In section 26 (duration and conditions of digital additional services licence), at the end insert—
“3 A digital additional services licence which authorises the provision of an electronic programme guide (“the guide”) shall also include such conditions as appear to OFCOM to be appropriate for ensuring that, at any time when the guide is a regulated electronic programme guide as defined by section 211A of the Communications Act 2003, the only digital programme services that are listed or promoted by, or which can be accessed through, the guide are digital programme services that—
(a) are provided by or under a licence under this Part, or
(b) do not fall, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM.”.
7. In section 39 (interpretation of Part 1), in subsection (1)—
(a) omit the definition of “the Audiovisual Media Services Directive”12;
(b) after the definition beginning “Channel 4” insert—
““CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television;”;
(c) after the definition of “digital sound programme service” insert—
““the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998;”;
(d) omit the definition of “EEA State”13.
8. In section 54 (conditions attached to national or local radio multiplex licence), in subsection (1)(ca)14, for “an EEA broadcaster” substitute “a CTT broadcaster”.
9.—(1) Section 98 (categories of service)15is amended as follows.
(2) In subsection (1), omit “and EEA satellite services” in each place where it occurs.
(3) In subsection (5), omit “and EEA satellite services”,
(4) Omit subsection (6).
10.—(1) Section 99 (contract for exclusive right to televise listed event to be void) is amended as follows.
(2) In subsection (3)(a)16, for the words from “nor to any” to “United Kingdom” substitute “, to any CTT broadcaster or on an exempt Irish service”.
(3) After that subsection insert—
“4 In subsection (3)—
“CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a State, other than the United Kingdom, which is for the time being a party to the Convention”;
“exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.”.
11.—(1) Section 101A (designated events in relation to other EEA States)17is amended as follows.
(2) Renumber the existing text as subsection (1) and in that subsection omit “other than the United Kingdom”.
(3) After that subsection insert—
“2 For the purposes of this Part, a sporting or other event is a designated event, in relation to a qualifying CTT State, if—
(a) that State has designated the event in accordance with Article 9bis of the European Convention on Transfrontier Television as being of major importance for society,
(b) the designation forms part of measures which have been notified by that State under that Article to the Standing Committee set up...
