Section 362: Interpretation of Part 3, Communications Act 2003

In this Part—

In the case of any of the following services—

a television broadcasting service or sound broadcasting service,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a television licensable content service or radio licensable content service,

a digital television programme service or digital sound programme service,

a restricted television service,

an additional television service or additional radio service,

a digital additional television service or a digital additional sound service,

the person, and the only person, who is to be treated for the purposes of this Part as providing the service is the person with general control over which programmes and other services and facilities are comprised in the service (whether or not he has control of the content of individual programmes or of the broadcasting or distribution of the service).

For the purposes of this Part—

the provision of a service by the BBC does not include its provision by a BBC company;

the provision of a service by C4C does not include its provision by a C4 company;

the provision of a service by S4C does not include its provision by an S4C company;

and, accordingly, control that is or is capable of being exercised by the BBC, C4C or S4C over decisions by a BBC company, C4 company or S4C company about what is to be comprised in a service shall be disregarded for the purposes of subsection (2).

References in this Part to a television broadcasting service do not include references to any text service.

References in this Part to imposing a charge on a person in respect of his reception of a service in, or in a part of, the United Kingdom include references to imposing charges—

for his use of the service at a place in the United Kingdom or in that part of it;

for an entitlement of his to receive it at such place;

for the use of a facility by means of which he exercises such an entitlement; or

for the service's being made available for reception by him at such a place.

In subsection (1) "controlled" and "participant" each has the same meaning as in Schedule 2 to the 1990 Act.

In this section "non-representational images" means visual images which are neither still pictures nor comprised within sequences of visual images capable of being seen as moving pictures.

Section 362: Interpretation of Part 3

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