Part 3

Television and Radio Services ETC
Chapter 2

Regulatory Structure for Independent Television Services

Reviews relating to licensing of Channels 3 & 5 and teletext

Giving effect to reviews under ss. 225 and 226
228
1
As soon as reasonably practicable after making a determination under section 227 on an application under section 225 or 226, OFCOM must give a notification of their determination to the applicant.
2
The notification must set out—
a
the determination made by OFCOM;
b
the modifications of the applicant’s licence that are required to give effect to the determination;
c
a date by which the applicant must notify OFCOM whether or not he accepts the determination and modifications; and
d
a subsequent date by which the applicant’s licence will cease to have effect if he does not.
3
The modifications set out in accordance with subsection (2)(b) must secure that the amount falling to be paid under the conditions of the applicant’s licence for each calendar year subsequent to that for which an amount has been determined in accordance with section 227(2)(a) is the amount so determined as increased by the appropriate percentage.
4
In the case of a determination on an application under section 225, the date specified in accordance with subsection (2)(d) must not fall before whichever is the earlier of —
a
the next notional expiry date after the application for the review; and
b
the end of the licensing period in which that application was made.
5
Where the applicant notifies OFCOM that he accepts the determination—
a
his licence is to have effect with the modifications set out in OFCOM’s notification; and
b
all such adjustments by way of payment or repayment as may be necessary for giving effect to the modifications are to be made in respect of any payments already made for years or periods affected by the modifications.
6
Where the applicant does not, before the date specified in accordance with paragraph (c) of subsection (2), notify OFCOM that he accepts the determination, his licence shall have effect as if the period for which it is to continue in force ended with the time specified in accordance with paragraph (d) of that subsection.
7
Where the time at which a licence would cease to have effect in accordance with subsection (6) is the end of a licensing period, that subsection does not affect any rights of the licence holder with respect to the renewal of his licence from the end of that period.
8
In this section—
- “the appropriate percentage” has the same meaning as in section 19 of the 1990 Act;
- “licensing period” , in relation to a licence, means—
  1. the period beginning with the commencement of this section and ending with the initial expiry date for that type of licence ; or
  2. any subsequent period of ten years beginning with the end of the previous licensing period for that type of licence ;
- “notional expiry date” means a first or subsequent notional expiry date within the meaning of section 225.
S. 228 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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)
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)
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Words in s. 228(8) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(5)(a), 47(1)
Words in s. 228(8) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(5)(b), 47(1)
Words in s. 228(8) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(5)(c), 47(1)
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
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