The Television Multiplex Services (Reservation of Digital Capacity) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1420 |
| Year | 2008 |
2008 No. 1420
Broadcasting
The Television Multiplex Services (Reservation of Digital Capacity) Order 2008
Made 9th June 2008
Laid before Parliament 10th June 2008
Coming into force 2nd July 2008
The Secretary of State makes the following Order in exercise of the powers conferred by sections 243(1) and (3) and 402(3) of the Communications Act 20031:
Citation and commencement
1. This Order may be cited as the Television Multiplex Services (Reservation of Digital Capacity) Order 2008 and comes into force on 2nd July 2008.
Interpretation
2.—(1) In this Order—
“the 1996 Act” means the Broadcasting Act 19962;
“digital additional services licence” has the meaning given in section 25(1) of the 1996 Act3(licensing of digital additional television services);
“digital programme licence” has the meaning given in section 18(1) of that Act4(licensing of digital television programme services);
“high definition television service” means a television service which is broadcast in a format designed to display the images comprising a television programme by employing either 720 or 1080 lines of pixels per frame;
“Multiplex A” means the television multiplex service which, on the day this Order is made, SDN Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex A licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission5on 26th May 1998;
“Multiplex B” means the television multiplex service which, on the day this Order is made, BBC Free To View Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex B licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 16th August 2002;
“Multiplex 2” means the television multiplex service which, on the day this Order is made, Digital 3 and 4 Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex 2 licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 19th December 1997;
“national Channel 3 licence” has the same meaning as it has in Part 1 of the Broadcasting Act 19906;
“public service digital television programme service” and “public service digital programme licence” each has the meaning given in article 5;
“standard definition television service” means a television service which is broadcast in a format designed to display the images comprising a television programme by employing 576 active lines of pixels per frame;
“television service” means any digital television programme service or qualifying service.
(2) Part 1 of Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of broadcasting licences)7shall apply for determining whether or not a person controls a body corporate for the purposes of any provision of this Order as it so applies for the purposes of that Schedule8.
(3) References in this Order (however expressed)—
(a)
(a) to the Multiplex A licence, the Multiplex B licence or the Multiplex 2 licence include references to those licences as amended from time to time by the Independent Television Commission or OFCOM, whether before or (so far as the context permits) after the day on which this Order is made;
(b)
(b) to the reservation of digital capacity for any person, are references to the reservation of digital capacity in accordance with this Order for use for the broadcasting of services provided by that person;
(c)
(c) to the reservation of digital capacity sufficient for the broadcasting of a number of high definition or (as the case may be) standard definition television services, are references to the reservation of such digital capacity as is from time to time sufficient for the broadcasting of that number of such services;
(d)
(d) to the holder of any licence, in relation to any time, are to the person who is the holder of the licence in question at that time.
(4) This paragraph declares, for the avoidance of doubt, that any provision of this Order requiring the broadcasting of services by means of a television multiplex service throughout the British Islands, or throughout any part of the British Islands, requires such broadcasting of those services throughout only—
(a)
(a) that area or those areas of the British Islands, or
(b)
(b) (as the case may be) that area or those areas of that part of the British Islands,
in which that multiplex service is from time to time required to be provided apart from this Order, and (in particular) that provision is not of itself to be taken to require the provision of that multiplex in any other area or areas.
(5) In relation to the Isle of Man, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in the Isle of Man.
(6) In relation to the Bailiwick of Guernsey, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in the Bailiwick of Guernsey.
(7) In relation to Jersey, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in Jersey.
Competition for digital capacity on Multiplex B
Competition for digital capacity to be reserved on Multiplex B
3.—(1) OFCOM must exercise their functions under this article with a view to selecting one or more relevant public service broadcasters9for whom they will (to the extent provided for in this Order) reserve digital capacity on Multiplex B, by means of variations to the Multiplex B licence made under article 4.
(2) Within the period of six months beginning on the day on which this Order comes into force, but subject to paragraphs (11) to (14), OFCOM must publish a notice under paragraph (3).
(3) A notice under this paragraph shall be in writing and shall—
(a)
(a) state that OFCOM propose to reserve digital capacity on Multiplex B for one or more relevant public service broadcasters;
(b)
(b) specify, in such manner as OFCOM consider appropriate—
(i) the amount of digital capacity on Multiplex B which will be reserved for such broadcasters;
(ii) the area or areas within the British Islands where that capacity will be available; and
(iii) the transmission and coding technologies which OFCOM propose should be employed for the broadcasting of services by means of that capacity;
(c)
(c) give such other details (if any) of Multiplex B as OFCOM consider appropriate;
(d)
(d) give such details (if any) as OFCOM consider appropriate of—
(i) the nature of the services which in their opinion should be broadcast by means of digital capacity reserved for relevant public service broadcasters on Multiplex B, and
(ii) any of the terms and conditions they propose should apply in relation to services provided by such broadcasters for broadcasting by means of that capacity;
(e)
(e) invite relevant public service broadcasters to apply for digital capacity to be reserved for them on Multiplex B, by making applications complying with paragraph (4); and
(f)
(f) specify—
(i) the closing date for such applications; and
(ii) the fee payable on any such application.
(4) Subject to paragraph (5), an application complies with this paragraph if it is made in writing and is accompanied by—
(a)
(a) the fee specified pursuant to paragraph (3)(f)(ii);
(b)
(b) details of the television services (which must include public service digital television programme services or qualifying services but need not include any high definition television services) and digital additional television services (if any) the applicant proposes to provide if digital capacity is reserved for it by OFCOM;
(c)
(c) details of the timetable according to which the applicant proposes to begin providing those services;
(d)
(d) a detailed explanation of the manner in which (in the view of the applicant) those services, if provided as proposed, would further the objectives mentioned in paragraph (8);
(e)
(e) the applicant’s proposals for promoting the adoption by members of the public of reception equipment which is compatible with the transmission and coding technologies specified by OFCOM pursuant to paragraph (3)(b)(iii); and
(f)
(f) such other information as OFCOM may reasonably require for the purpose of considering the application.
(5) A person who is a relevant public service broadcaster by virtue of holding a Channel 3 licence may make an application under this article only if that person makes it on behalf of at least 13 holders of regional Channel 3 licences; and accordingly, in the case of such an application—
(a)
(a) the application complies with paragraph (4) only if it contains a statement in such form as OFCOM may require to the effect that the application is made on behalf of at least 13 holders of regional Channel 3 licences; and
(b)
(b) any reference in this article to an applicant includes a reference to every holder of a Channel 3 licence on whose behalf the application is made.
(6) At any time after receiving an application under this article and before determining it, OFCOM may require the applicant to furnish additional information about its proposals.
(7) Any information to be furnished to OFCOM under this article shall, if they so require, be in such form or verified in such manner as they may specify.
(8) In determining whether to reserve digital capacity on Multiplex B and (if so) the applicant or applicants for whom they will reserve it, OFCOM shall have regard, in particular, to the extent to which the services that an applicant proposes to provide for broadcasting by means of that capacity appear to OFCOM to—
(a)
(a) promote the efficient use of the radio spectrum, paying particular regard to how the content...
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