The Communications Act 2003 (Commencement No.3) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order provides for section 231(2)(c) of the Communications Act 2003 (“the Act”) to come into force on the day after the day on which the Order is made. That provision requires OFCOM to grant the Channel 4 Television Corporation (“C4C”) a replacement licence which will require C4C to provide a television service in digital form, subject to the terms and conditions set out in subsections (3) to (9) of section 231.

The Order also brings section 231(1) and sections 265 to 270 of the Act into force on 28th December 2004. Section 231(1) of the Act provides for the cessation of the licence under which Channel 4 has been providing a service and for the coming into force of the replacement licence granted to C4C under section 231(2)(c). Sections 265 to 269 of the Act define the public service remits for the licensed public service channels and the public teletext service and make provision for the preparation of statements of programme and service policy and for a degree of self-regulation by the relevant providers. Section 270 gives OFCOM powers to enforce the public service remits, including the power to replace self-regulation with specific conditions imposed by OFCOM.