C2C1Part 3Television and Radio Services F2ETC
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
F1F3Chapter 2Regulatory Structure for Independent Television Services
Ss. 214-244 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)
Ss. 214-244 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)
Replacement of Channel 4 licence
231Replacement of Channel 4 licence
I21
On the commencement of this subsection—
a
Channel 4 shall cease to be licensed under the licence in force for the purposes of section 24(3) of the 1990 Act immediately before the commencement of this subsection; and
b
a licence granted for those purposes in accordance with the following provisions of this section shall come into force as the licence under which Channel 4 is licensed.
2
It shall be the duty of OFCOM, as soon as practicable after the television transfer date—
I1a
to prepare a draft of a licence under Part 1 of the 1990 Act to replace the licence that is likely to be in force for the purposes of section 24(3) of the 1990 Act when subsection (1) of this section comes into force;
I1b
to notify C4C of the terms and conditions of the replacement licence they propose; and
I3c
after considering any representations made by C4C, to grant such a replacement licence to C4C so that it takes effect in accordance with paragraph (b) of subsection (1) of this section.
I13
A replacement licence proposed or granted under this section—
a
must be a licence to provide a service with a view to its being broadcast in digital form; and
b
must contain such conditions (if any) requiring C4C to ensure that the whole or a part of Channel 4 is also provided for broadcasting in analogue form as OFCOM consider appropriate.
I14
The conditions included in a licence by virtue of subsection (3)(b) must be such as to enable effect to be given to any directions given from time to time by the Secretary of State to OFCOM about the continuance of the provision of services in analogue form.
I15
Where a replacement licence proposed or granted under this section contains a condition falling within subsection (3)(b), it must also contain a condition that—
a
the programmes (apart from the advertisements) that are included in the service provided in analogue form, and
b
the times at which they are broadcast,
are to be the same as in the case of, or of the specified part of, the service provided for broadcasting in digital form.
I16
The terms of a replacement licence proposed or granted under this section must provide for it to continue in force until the end of 2014.
I17
But—
a
such a licence may be renewed, on one or more occasions, for such period as OFCOM may think fit in relation to the occasion in question; and
b
the provisions of this section (apart from subsections (1), (2) and (6)) are to apply in the case of a licence granted by way of a renewal of a licence granted under this section as they apply in the case of the replacement licence.
I18
The conditions of a replacement licence proposed or granted under this section must include the conditions that OFCOM consider appropriate for the purpose of performing their duty under section 263.
I19
The conditions of such a licence must also include a condition prohibiting the imposition, whether directly or indirectly, of the following—
a
charges on persons in respect of their reception in the United Kingdom of Channel 4;
b
charges on persons in respect of their reception in the United Kingdom of any service consisting in the provision of assistance for disabled people in relation to programmes included in Channel 4; and
c
charges on persons in respect of their reception in the United Kingdom of any service (other than one mentioned in paragraph (b)) which is an ancillary service in relation to so much of Channel 4 as is provided in digital form.
I110
It shall be unlawful to impose a charge in contravention of a condition falling within subsection (9).
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)