Communications Act 2003

229 Report in anticipation of new licensing round

(1) OFCOM must, in anticipation of the end of each licensing period—

(a) prepare a report under this section; and

(b) submit it to the Secretary of State no later than thirty months before the end of that period.

(2) A report under this section must set out OFCOM’s opinion on the effect of each of the matters mentioned in subsection (3) on the capacity of the holders of relevant licences to contribute, in the next licensing period, to the fulfilment of the purposes of public service television broadcasting in the United Kingdom at a cost to the licence holders that is commercially sustainable.

(3) Those matters are—

(a) the arrangements that (but for an order under section 230) would allow for the renewal of relevant licences from the end of the current licensing period; and

(b) the conditions included in the regulatory regimes for the services provided under relevant licences.

(4) A report under this section must also include the recommendations (if any) which OFCOM consider, in the light of the opinion set out in the report, should be made to the Secretary of State for the exercise by him of—

(a) his power under section 230; or

(b) any of the powers to make statutory instruments that are conferred on him by Chapter 4 of this Part.

(5) Where the Secretary of State makes an order under section 224 after receiving a report under this section in anticipation of the end of the licensing period that is extended by the order—

(a) he may require OFCOM to prepare a supplementary report in the light of the postponement of the beginning of the next licensing period; and

(b) it shall be the duty of OFCOM, within such period as may be specified by the Secretary of State, to prepare the required supplementary report and to submit it to him.

(6) In this section—

• “licensing period” means—

  (a)

  the period beginning with the commencement of this section and ending with the initial expiry date; or

  (b)

  any subsequent period of ten years beginning with the end of the previous licensing period;

• “relevant licence” means—

  (a)

  a licence to provide a Channel 3 service;

  (b)

  a licence to provide Channel 5; or

  (c)

  the licence to provide the public teletext service.