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

Report in anticipation of new licensing round
229
1
OFCOM must, in anticipation of the end of each licensing period for a type of relevant licence —
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 holder or holders of that type of licence 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 holder or 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 that type of licence from the end of the current licensing period; and
b
the conditions included in the regulatory regimes for the services provided under that type of licence .
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.
4A
Subsection (5) applies where the Secretary of State—
a
receives a report under this section in anticipation of the end of a licensing period for a type of relevant licence, and
b
subsequently makes an order under section 224 extending the licensing period for that type of licence.
5
Where this subsection applies—
a
the Secretary of State may require OFCOM to prepare a supplementary report in the light of the postponement of the beginning of the next licensing period for that type of licence ; 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” , 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 ;
- “relevant licence” means—
  1. a licence to provide a Channel 3 service;
  2. a licence to provide Channel 5; or
  3. the licence to provide the public teletext service.
S. 229 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. 229(1) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(7), 47(1)
Words in s. 229(2) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(8)(a), 47(1)
Words in s. 229(2) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(8)(b), 47(1)
Words in s. 229(3)(a) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(9), 47(1)
Words in s. 229(3)(b) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(9), 47(1)
S. 229(4A) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(10), 47(1)
Words in s. 229(5) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(11)(a), 47(1)
Word in s. 229(5)(a) substituted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(11)(b), 47(1)
Words in s. 229(5)(a) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(11)(b), 47(1)
Words in s. 229(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(12)(a), 47(1)
Words in s. 229(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(12)(b), 47(1)
Words in s. 229(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 26(12)(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