Paragraph 1

For section 98 there is substituted—

“Categories of service.

98

(1)

For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows—

(a)

those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and

(b)

all other television programme services and EEA satellite services.

(2)

In this section “the qualifying conditions”, in relation to a service, means the conditions—

(a)

that the service is provided without any consideration being required for reception of the service, and

(b)

that the service is received by at least 95 per cent. of the population of the United Kingdom.

(3)

There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a television licence, as defined by section 1(7) of the Wireless Telegraphy Act 1949.

(4)

The condition in subsection (2)(b)

(a)

is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

(b)

is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

(5)

The Commission shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions.

(6)

In this section “EEA satellite service” means any service which—

(a)

consists in the transmission for general reception of television programmes by satellite, and

(b)

is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom.”