Digital Economy Act 2010 Explanatory Notes

Digital Economy Act 2010

2010 CHAPTER 24

Commentary on Sections

Topic 6: Independent radio services

Section 30: Digital switchover

132. Section 30 allows the Secretary of State to give notice to OFCOM of a date by which digital switchover must occur for services specified in the notice. In making a decision to nominate a switchover date, the Secretary of State must take account of any reports by the BBC and OFCOM about the future of analogue broadcasting.

133. The date for digital switchover is the date after which it will no longer be appropriate for the service in question to be broadcast in analogue form.

134. The Secretary of State may nominate different switchover dates for different types of radio services and may withdraw a nomination of a switchover date.

135. After a switchover date has been set, OFCOM are required to vary the licence periods of all licences for the services specified by the Secretary of State so that they end on or before that date. However, OFCOM cannot shorten the duration of a licence so that it would end less than 2 years from the date on which OFCOM give notice of the variation, unless the licence-holder consents.

136. OFCOM may not vary a licence period so that it ends after the switchover date.