The Television Licensable Content Services Order 2006

• Citation: S.I. 2006/2131
• Sections: 5

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Television Licensable Content Services Order 2006 and shall come into force on the day after the day on which it is made.

(2) This Order does not extend to the Isle of Man.

Section 2 Modification of the meaning of “television licensable content services”

(1) In section 232 of the Communications Act 2003 (meaning of “television licensable content service”), in subsection (1)—

(a) for “both” substitute “more”;

(b) omit “or” at the end of paragraph (a); and

(c) after that paragraph insert—

(aa) the broadcasting of the service (whether by that person or by another) by means of a radio multiplex service; or

(2) In section 233 of that Act (services that are not television licensable content services)—

(a) in subsection (1), for “multiplex service” substitute “television multiplex service or a general multiplex service”; and

(b) in subsection (9), omit the definition of a “multiplex service”.

Section 3 Supplemental provision: licensing of television licensable content services

In section 235 of the Communications Act 2003 (licensing of television licensable content services), after subsection (6) insert—

(7) A licence to provide a television licensable content service must contain such conditions as OFCOM consider appropriate for requiring the licence holder—

(a) on entering into any agreement with the provider of a radio multiplex service for the provision of a television licensable content service to be broadcast by means of that multiplex service, to notify OFCOM—

(i) of the identity of the radio multiplex service;

(ii) of the period during which the service will be provided; and

(iii) where under the agreement he will be entitled to the use of a specified amount of digital capacity, of that amount;

(b) when any such agreement is varied so far as it relates to any of the matters mentioned in paragraph (a)(i), (ii) or (iii), to notify OFCOM of the variation so far as relating to those matters; and

(c) where he is providing a television licensable content service to the provider of a radio multiplex service in accordance with such an agreement as is mentioned in paragraph (a) but intends to cease doing so, to notify OFCOM of that fact.

Section 4 Amendment of the definition of “digital programme service”

In section 1(4) of the Broadcasting Act 1996 (definition of a “digital programme service”), before paragraph (a) insert—

(za) a service provided under the authority of a licence under Part 1 of the 1990 Act to provide a television licensable content service,

Section 5 Amendment of the Broadcasting Act 1996

(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 39 (interpretation of Part 1), in subsection (1), after the definition of “technical service” (but before the definition of “television multiplex service”), insert—

“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;

(3) In section 46 (national radio multiplex licences), in subsection (4), after paragraph (d) insert—

(da) the applicant’s proposals as to the broadcasting of television licensable content services,

(4) In section 47 (award of national radio multiplex licences), in subsection (2)(f), after “programme services” insert “, television licensable content services”.

(5) In section 49 (reservation of capacity for BBC services), in subsection (9)(b), after “providing” in the second place where it occurs insert “television licensable content services or”.

(6) In section 50 (local radio multiplex licences), in subsection (4), after paragraph (d) insert—

(da) the applicant’s proposals as to the broadcasting of television licensable content services,

(7) In section 51 (award of local radio multiplex licences), in subsection (2)(g), after “programme services” insert “, television licensable content services”.

(8) In section 54 (conditions attached to national or local radio multiplex licences), in subsection (1)—

(a) after paragraph (c) insert—

(ca) that all television licensable content services broadcast under the licence are provided by the holder of a licence under Part 1 of the 1990 Act to provide such a service or by an EEA broadcaster (within the meaning given by section 12(3A));

(b) in paragraph (e), after “programme services” insert “, television licensable content services”; and

(c) in paragraph (f), after “programme service” insert “, television licensable content service”.

(9) In section 56 (multiplex revenue), after subsection (9), insert—

(10) This section and section 57 shall have effect as if references in this section to digital sound programme services included references to television licensable content services.

(10) In section 63 (digital additional services)—

(a) in subsection (1)(b), for “an ancillary service” substitute “a television licensable content service, an ancillary service, a relevant ancillary service within the meaning of section 232 of the Communications Act 2003”;

(b) in subsection (2), after ““ancillary service”” insert “(except in the expression “relevant ancillary service”)”; and

(c) in subsection (3)(a), after “programme services” insert “, television licensable content services”.

(11) In section 72 (interpretation of Part 2), in subsection (1), after the definition of “technical service” (and before the definition of “television multiplex service”) insert—

“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;