Notice of Proposed Changes to Satellite Services licences resulting from the AVMS Directive

Summary

Summary

1.1 This is a statutory notice under Schedule 1, paragraphs 6 and 7 of the WT Act 2006. This notice details changes that are proposed by Ofcom to Satellite Services Licences for permanent (PES) and transportable (TES) earth stations to enable Ofcom to secure compliance with new legislation implementing the Audio Visual Media Services (AVMS) Directive ^(-1-). Specifically, section 9(4) of the WT Act 2006, is amended by Regulation 13 of the AVMS Regulations to allow Ofcom to include conditions to require licensees to suspend or cease providing transmission services to non-EU satellite television and, from spring 2010, on-demand programme services, using licensed apparatus and to allow Ofcom to require licensees to provide information to it in relation to such channels or services.

1.2 The AVMS directive changed jurisdiction for those channels where the programme provider is established in countries outside the EU from the Member State responsible for the satellite to the Member State from which a channel is being uplinked. The consequence of this change is that the UK has formal jurisdiction under EU law for non-EU based satellite television channels (and on-demand programme services falling within the scope of the AVMS Directive) which are broadcast into EU Member States by means of UK-based uplinks. Ofcom has responsibility vested in it by the Communications Act 2003 to secure the application, in the case of all television and radio services, of standards that provide adequate protection to members of the public from the inclusion of offensive and harmful material in services that come within its jurisdiction.

1.3 The background to the new legislative provisions was set out in Part 5 of the Governments consultation in July 2008 on its proposals for implementation of the AVMS Directive. ^(-2-) On 11 March 2009 the Secretary of State for Culture Media and Sport published a written statement setting out how the Government intended to proceed with implementation of the Directive including its decision in relation to the new regulatory arrangements for non-EU channels ^(-3-). Regulation 13 of the AVMS Regulations sets out the changes to the Act which allow Ofcom to insert these new licence conditions.

1.4 Accordingly, Ofcom proposes two additional requirements in section 4 of the PES and TES licences, namely:

d) The licensee shall comply with any notice given by Ofcom under section 9A of the Wireless Telegraphy Act 2006 requiring the licensee to cease or suspend the uplinking by means of the licensed apparatus of any service specified in such notice by such date as may be specified. and

e) The licensee shall provide such information as Ofcom may request by notice in writing for the purpose of determining whether section 9A of the Wireless Telegraphy Act 2006 applies in relation to a service for which the licensee provides uplink facilities using the licensed apparatus or for any purpose connected with the giving of a notice by Ofcom under section 9A of the Act.

1.5 In addition to these changes which are tracked into Annexes 1 and 2, the opportunity will be taken to improve the wording of the TES Schedule through minor editorial changes. The key change is to clarify that the TES shall operate only in accordance with the conditions specified in any variation to the licence schedule authorised by Ofcoms online clearance and authorisation tool SPECTRAsc

Footnotes:

  1.- See Regulation 13 of The Audiovisual Media Services Directive Regulations 2009 (SI 2009 No.2979) http://www.opsi.gov.uk/si/si2009/uksi_20092979_en_1

  2.- See http://www.culture.gov.uk/images/consultations/AVMS_Consultation_Document.pdf

  3.- See http://www.culture.gov.uk/reference_library/minister_speeches/5932.aspx