The Local Digital Television Programme Services (Amendment) Order 2024

Amendments relating to local digital television programme service licences

4.—(1) After paragraph 2, insert—

“2A.   Section 3 (licences under Part 1)(1) has effect as if in subsection (5), after “section 17(1)(b)”, there were inserted “or section 23(1)(b)(2)”.”.

(2) In paragraph 10 (modifications to section 19 (duration and conditions of digital programme licence)(3)), after sub-paragraph (a) insert—

“(aa) after subsection (1) there were inserted—

“(1A) A local digital television programme service licence(4) may be extended and renewed in accordance with sections 19ZA and 19ZB.”,”.

(3) In paragraph 11, before new section 19A (pornographic material) insert—

Extension of local digital television programme service licences

19ZA.— (1) OFCOM may, with the consent of the licence holder, extend the period for which a local digital television programme service licence continues in force by twelve months.

(2) The power in subsection (1) may be exercised in relation to a local digital television programme service licence even if the total period for which the licence continues in force exceeds twelve years.

(3) The power in subsection (1) may only be exercised once in relation to each local digital television programme service licence.

(4) Subsection (1) does not affect the operation of section 23(1)(b).

Renewal of extended local digital television programme service licences

19ZB.— (1) Where OFCOM have extended a local digital television programme service licence under section 19ZA(1), OFCOM may, at any time before 26th November 2025, renew that local digital television programme service licence on one occasion in accordance with this section for a period beginning with the date on which it would otherwise expire and ending before 1st January 2035.

(2) An application for the renewal of a local digital television programme service licence under subsection (1) must be made—

(a) by the licence holder,

(b) in writing, and

(c) before 1st April 2025.

(3) An application under subsection (2) must be accompanied by—

(a) details of the local digital television programme service the applicant proposes to provide,

(b) a detailed explanation of the applicant’s ability to maintain, throughout the period for which the licence, if renewed, would be in force, the proposed service,

(c) a detailed explanation of how the character of the service is to be maintained for the period for which the licence, if renewed, would be in force, and

(d) such information as OFCOM may reasonably require as to the applicant’s present and projected financial position during the period for which the licence, if renewed, would be in force.

(4) At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish such other information as OFCOM may reasonably require for the purpose of considering the application.

(5) Where an application for the renewal of a local digital television programme service licence has been duly made to OFCOM they may refuse the application only if—

(a) it appears to them that the applicant has failed to comply with any of the conditions in their licence, or

(b) they are not satisfied that the applicant would, if their licence were renewed, provide a service which complied with the conditions to be included in the licence as renewed.

(6) Where OFCOM have granted a person’s application under this section, they shall formally renew that person’s licence from the date on which it would otherwise expire.

(7) Nothing in this section prevents the holder of a local digital television programme service licence from applying for a new licence on one or more occasions in pursuance of a notice under section 18(1)(5).”.

(1)

There are amendments to section 3, but none is relevant.

(2)

Section 23(1) was amended by paragraph 92(2) of Part 2 of Schedule 15 to the Communications Act 2003.

(3)

Section 19 has effect in relation to a local digital television programme service with the modifications set out in S.I. 2012/292, as amended by S.I. 2012/1842. There are other amendments, but none is relevant to the modifications made by this Order.

(4)

“Local digital television programme service licence” is defined in section 29 of the Broadcasting Act 1996, as modified by paragraph 12 of the Schedule to S.I. 2012/292.

(5)

Section 18 has effect in relation to a local digital television programme service with the modifications set out in paragraph 9 of the Schedule to S.I. 2012/292.