COMMUNICATIONS ACT 2003 Tenth Report on the Secretary of State’s functions under the Communications Act 2003, the Wireless Telegraphy Act 2006, the Office of Communications Act 2002 and the Broadcasting Acts 1990 and 1996, by the Secretary of State for Digital, Culture, Media and Sport 8 July 2021 HC 290 Department for Digital, Culture, Media and Sport Tenth Report on the Secretary of State’s functions under the Communications Act 2003, the Wireless Telegraphy Act 2006, the Office of Communications Act 2002 and the Broadcasting Acts 1990 and 1996, by the Secretary of State for Digital, Culture, Media and Sport For the period from 29 December 2012 to 28 December 2020 Presented to Parliament pursuant to section 390 of the Communications Act 2003 Ordered by the House of Commons to be printed on 8 July 2021 HC 290 © Crown copyright 2021 2 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/official- documents. Any enquiries regarding this publication should be sent to us at [email protected] Department for Digital, Culture, Media & Sport, 100 Parliament Street, London, SW1A 2BQ, United Kingdom ISBN 978-1-5286-2785-6 CCS0621725940 07/21 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office 3 COMMUNICATIONS ACT 2003 Report by the Secretary of State for Digital, Culture, Media and Sport Introduction 1. Section 390 of the Communications Act 2003 requires the Secretary of State to prepare and lay before Parliament reports about the carrying out of the Secretary of State’s functions under the following legislation: The Communications Act 2003; The Wireless Telegraphy Act 2006; The Office of Communications Act 2002; and The Broadcasting Acts 1990 &1996 2. The First Report (HC 325 July 2005) covered the period from 19 March 2002 to 28 December 2004. Every subsequent report to the first report must relate to the period of twelve months beginning with the 4 end of the period to which the previous report related. This report (the “Tenth Report”) covers the period from 29 December 2012 to 28 December 2020. No report has been produced since 2014 which was an oversight, and is now remedied by this report. Previous Reports: First Report July 2005 HC 325 Second Report July 2006 HC 1445 Third Report July 2007 HC 594 Fourth Report Oct 2008 HC 1037 Fifth Report July 2009 HC 911 Sixth Report July 2010 HC 171 Seventh Report Nov 2011 HC 1613 Eight Report Dec 2012 HC 791 Ninth Report February 2014 HC 1057 Tenth Report July 2021 HC 290 5 COMMUNICATIONS ACT 2003: Report by the Secretary of State for Digital, Culture, Media and Sport Statutory Instruments: Power under which Date made Name of SI number Description of what the instrument does instrument made instrument Broadcasting Act 24 March 2015 Broadcasting Act 2015/904 These regulations amend the Broadcasting Act 1996 (“the Act”) to allow 1996: 1996 (Renewal of Ofcom to further renew local radio multiplex licences. s58A Local Radio Multiplex Regulation 2 amends section 58 of the Act which allows Ofcom to renew Broadcasting Act Licences) local and national radio multiplex licences on one occasion only. The 1990: Regulations 2015 amendment permits a further renewal for local radio multiplex licences s200 only. Regulation 3 inserts a new section 58ZA into the Act which sets out the procedure by which, and conditions under which, a further renewal of a local radio multiplex licence may be made. Communications Act 5 July 2016 Office of 2016/706 This Order increases the maximum membership of the Office of 2002: Communications Communications from ten to twelve. s1(7) (Membership) (Modification) Order 2016 Communications Act 12 February 2013 Community Radio 2013/243 This Order creates a regulatory framework for community radio services in 2003: (Guernsey) Order the Bailiwick of Guernsey, including modifications to the Broadcasting Act s262(1), (3) and (4) 2013 1990 as extended to Guernsey and to the Communications Act 2003. It revokes the Community Radio (Guernsey) Order 2012, in view of an error which took place in the making of that Order. 6 Power under which Date made Name of SI number Description of what the instrument does instrument made instrument Communications Act 5 June 2013 Electronic 2013/1403 Changes to the notice required to be given by Code operators to planning 2003: Communications authorities and landowners prior to the installation of certain types of s109(1) and (3) and Code (Conditions electronic communications apparatus. 402(3) and Restrictions) (Amendment) Regulations 2013 Communications Act 9 July 2014 Communications 2014/1825 This Order extends the circumstances in which information with respect to 2003: Act 2003 a particular business obtained by the Office of Communications in exercise s393(3)(i) and (4)(c) (Disclosure of of its functions under the Communications Act 2003(“the 2003 Act”) and Information) the Wireless Telegraphy Act 2006 may be disclosed to another public Order 2014 body. Communications Act 24 November 2014 Broadcasting 2014/3137 This Order amends article 3 of the Broadcasting (Independent 2003: (Independent Productions) Order 1991 which defines “independent productions” for the s277(2)(b) and Productions) purposes of the licence conditions set under sections 277 and 309 of and 309(2)(b) of, and (Amendment) paragraphs 1 and 7 of Schedule 12 to the Communications Act 2003. paragraphs 1(2)(b) Order 2014 and 7(2)(b) of (Schedule 12) Communications Act 26 March 2015 Community Radio 2015/1000 This Order amends the Community Radio Order 2004 to allow community 2003: (Amendment) stations to raise a larger proportion of their funding from taking paid-for s262 and 402(3) of, Order 2015 advertising or sponsorship than previously allowed. It also amends the list and paragraph 11 of of persons who can hold a community radio licence, and updates the Schedule 14 Community Radio Order 2004 following changes made to the Broadcasting Act 1990 by the Digital Economy Act 2010. 7 Power under which Date made Name of SI number Description of what the instrument does instrument made instrument Communications Act 7 September 2015 Competition 2015/1648 The order revoked and replaced the Competition Appeals Tribunal (CAT) 2003: Appeal Tribunal Rules 2003. The SI removed the requirement for appeals cases to be s15(1) to (3) of, and Rules 2015 decided "on the merits", and instead requires the CAT to apply the same Part 2 of Schedule 4 principles as would be applied by a court on an application for judicial of the Enterprise Act review. Sections 192 of the Communications Act 2003 sets out the right of 2002 and sections appeal against decisions made by Ofcom, and the Secretary of State, 192(3) and (4) and using powers provided by the Communications Act and the Wireless 193(1), (2)(b) and (3) Telegraphy Act 2006. Section 193 of the Communications Act requires that where appeals relate to price control matters, the price control elements be referred by the CAT to the CMA. Communications Act 6 July 2016 Communications 2016/704 This SI amends existing legislation (the Communications Act 2003 and the 2003: (Television Communications (Television Licensing) Regulations 2004) to extend the s365(1) and (4), 368 Licensing) scope of the TV licence so that, as well as for receiving live programmes, and 402, as extended (Amendment) a TV licence is required to stream or download any programmes in an on- by the Regulations 2016 demand programme service provided by the BBC (such as the iPlayer). It Communications also amends how the TV licence fee concessions set out in the 2004 (Jersey) Order 2003, regulations apply in the Isle of Man and to the Bailiwick of Guernsey, with the Broadcasting and the effect to remove the over 75s TV licence concession in the Isle of Man, Communications and to limit its application in the Bailiwick of Guernsey (excluding Sark). (Jersey) Order 2004, the Communications (Bailiwick of Guernsey) Order 2003, the Communications (Bailiwick of Guernsey) Order 2004 and the Communications (Isle of Man) Order 2003 8 Power under which Date made Name of SI number Description of what the instrument does instrument made instrument Communications Act 1 November 2016 Electronic 2016/1049 Made changes to the notice that Code operators are required to give to the 2003: Communications planning authorities and landowners prior to the implementation of certain s109(1) and (3) and Code (Conditions types of electronic communications apparatus. 402(3) and Restrictions) (Amendment) Regulations 2016 Communications Act 28 February 2017 Communications 2017/221 These regulations amend the Communications (Television Licensing) 2003: (Television Regulations 2004 to increase the level of the television licence fee in line s365(1) and (4) and Licensing) with the Consumer Price Index, as was agreed in the 2015 licence fee 402(3)(a) and (c), as (Amendment) funding settlement. The colour television licence is increased from £145.50 extended by the Regulations 2017 to £147, while the black and white television licence increased from £49 to Communications £49.50. (Bailiwick of Guernsey) Order 2003; the Communications (Jersey) Order 2003; the Communications (Isle of Man) Order 2003; the Communications (Bailiwick of Guernsey) Order 2004; the Broadcasting and Communications (Jersey) Order 2004 9 Power under which Date made Name of SI number Description of what the instrument does instrument made instrument Communications Act 12 July 2017 Electronic 2017/753 Amendments to the notice required to be given by Electronic 2003: Communications Communications Code operators to planning authorities prior to the s109(1), (2A), (2B) Code (Conditions installation of certain types of electronic communications apparatus.