Article 2

(1)

Paragraph (2) below sets out the exceptions to the dutyimposed by section 13 of the Cable and Broadcasting Act 1984 (underwhich the Independent Television Commission are required to do all thatthey can to secure that, subject to the exceptions in this Order, everylicensed diffusion service provided by any person in any area includes,by the reception and immediate re-transmission of the broadcasts, theprogrammes included in each television broadcasting service provided bya broadcasting authority^f1for reception in that area).

(2)

The exceptions for programmes included in television broadcasting services are:

(a)

in the case of all diffusion services, the programmes providedpursuant to paragraph 1(1)(d) of Part II of Schedule 11 to theBroadcasting Act 1990;^f2

(b)

in the case of a diffusion service licensed by the Cable Authoritybefore 23rd March 1990 which is not capable of conveying visual imageson more than nine channels of 8 MHz simultaneously, the programmesincluded in all television broadcasting services:

Provided that where the system to which the licence relates was, prior to the date on which the licence took effect, used wholly or mainly for the purpose of relaying television broadcasting services by the reception and immediate re-transmission of the programmes, this exception shall not apply unless the licensee has made available to the persons to whom the servicesreferred in this proviso were provided facilities for the reception,otherwise than by means of that system, of the programmes included inthose services;

(c)

in the case of a diffusion service licensed by the Cable Authorityon or after 23rd March 1990 which is not capable of conveying visualimages on more than six channels of 8 MHz simultaneously, the programmesincluded in all television broadcasting services; and

(d)

in the case of a diffusion service in respect of which there was, immediately prior to 1st January 1985, a licence granted^f3 or having effect as if granted^f4 by the Secretary of State under section 58 of the Telecommunications Act 1984^f5 and which was notsubsequently licensed by the Cable Authority as a prescribed diffusionservice, the programmes included in all television broadcastingservices.

(3)

In this article“television broadcasting service” has the same meaning as in section 2(5) of the Broadcasting Act1990.

Annotations

Footnotes

f1: As to the meaning of“broadcasting authority” see paragraph 4(1)of Part III of Schedule 12 to the Broadcasting Act1990.
f2: 1990 c. 42.
f3: By virtue of section 58(2) of the Cableand Broadcasting Act 1984 such alicence has effect as if granted by the Cable Authority.
f4: See paragraph 8of Schedule 5 to the TelecommunicationsAct 1984.
f5: 1984 c. 12.