Part 1: Public service television Amount of financial penalties Section 19: Amount of financial penalties: qualifying revenue
Sections 18 and 41 of the BA 1990, and Schedule 9 to the CA 2003, relate to financial penalties that OFCOM may impose on the provider of a licensed public service channel. In each case, the maximum penalty which OFCOM may impose is set by reference to the "qualifying revenue" of the provider. This is defined in section 19 of the Broadcasting Act 1990 and is limited to the revenue that the provider derives from the public service channel they provide.
	Subsection (3) inserts a new section 18A into the Broadcasting Act 1990. This creates a new definition of the "qualifying revenue" of a provider of a licensed public service channel. The new definition includes revenue both from the licensed public service channel and from certain services included in any designated internet programme service provided by that provider (see new section 362AA CA 2003 (designation of internet programme services) inserted by Part 2 of this Act).
	Subsections (2) and (4) provide that this definition of "qualifying revenue" will apply for the purposes of sections 18 and 41 of the BA 1990, and Schedule 9 to the CA 2003, in preference to the definition in section 19.