SCHEDULE
Regulation 2
Amendments of Broadcasting Act 1990
1.—(1) Section 2 (regulation by Commission of provision of television services) is amended as follows.
(2) In subsection (1)—
(a)
(a) in paragraph (a), after “television programme services” there is inserted “(other than satellite television services)”, and
(b)
(b) after paragraph (a) there is inserted—
“(aa)
“(aa) satellite television services (as defined by section 43(1)) provided by persons other than the BBC and the Welsh Authority,”.
(3) In subsection (4), in the definition of “television programme service”, for paragraph (b) there is substituted—
“(b)
“(b) a satellite television service (as defined by section 43(1));”.
(4) In subsection (5)—
(a)
(a) the words “including a domestic satellite service (as defined by section 43(1))” are omitted, and
(b)
(b) after “but not including a restricted service (as defined by section 42A)” there is inserted “, a satellite television service (as defined by section 43(1)),”.
2. In section 13 (prohibition on providing television services without a licence), in subsection (1), after “section 2(1)(a)” there is inserted “, (aa)”.
3. For section 43 (domestic and non-domestic satellite services) there is substituted—
“Satellite television services.
43.—(1) In this Part “satellite television service” means a service which consists in the transmission for general reception of television programmes by satellite and which—
(a)
(a) is provided by a person who is established in the United Kingdom, or
(b)
(b) is provided, in circumstances falling within subsection (2), by a person who is not established in any EEA State.
(2) A service is provided in circumstances falling within this subsection if—
(a)
(a) it is provided by means of—
(i) an allocated frequency, or
(ii) satellite capacity granted by the United Kingdom, or
(b)
(b) it is transmitted from a place in the United Kingdom.
(3) For the purposes of this Act a service consisting in the transmission of television programmes by satellite shall, subject to subsection (4), be regarded as provided by the person who is in a position to determine what is to be included in the service.
(4) For the purposes of this Act any satellite television service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service).
(5) In this section—
“allocated frequency” means a frequency allocated to the United Kingdom for broadcasting by satellite;
“relevant broadcasting body” means—
(a) in relation to a BBC company, the BBC,
(b) in relation to a Channel 4 company, the Channel Four Television Corporation, and
(c) in relation to an S4C company, the Welsh Authority.”
4. Section 44 (licensing etc. of domestic satellite services) is hereby repealed.
5.—(1) Section 45 (licensing etc. of non-domestic satellite services) is amended as follows.
(2) For “non-domestic satellite” in the sidenote and in subsections (1), (4) and (6) there is substituted “satellite television”.
(3) For subsection (3) there is substituted—
“3 Without prejudice to the generality of section 3(2), a licence to provide a satellite television service may authorise the provision of a service which to any extent consists in the simultaneous transmission of different programmes on different frequencies.”
6. In section 45A (power of Commission to suspend licence to provide non-domestic satellite service), in the sidenote and in subsection (1)(a) for “non-domestic satellite” there is substituted “satellite television”.
7.—(1) Section 46 (licensable programme services) is amended as follows.
(2) In subsection (2)(a), for “or a non-domestic satellite service” there is substituted “, a satellite television service or an EEA satellite service”.
(3) After subsection (5) there is inserted—
SCH-1.6 “6 In this section “EEA satellite service” means any service which—
(a) consists in the transmission of television programmes by satellite, and
(b) is provided by a person established in an EEA State other than the United Kingdom.”
8. In section 53 (duration of additional services licences, and...