Part 3

Television and Radio Services
Chapter 2

Regulatory Structure for Independent Television Services

Television licensable content services

Licensing of television licensable content services
235
1
The licence that is required for the purposes of section 13 of the 1990 Act in respect of a television licensable content service is a licence granted under Part 1 of that Act on an application complying with this section.
2
An application for a licence to provide a television licensable content service—
a
must be made in such manner,
b
must contain such information about the applicant, his business and the service he proposes to provide, and
c
must be accompanied by such fee (if any),
as OFCOM may determine.
3
Where an application is made to OFCOM in accordance with subsection (2) for a licence to provide a television licensable content service, OFCOM are entitled to refuse the application only if—
a
they are required to do so by section 3(3) of the 1990 Act (licences to be held only by fit and proper persons);
b
they are required to do so by section 5 of the 1990 Act (restrictions on the holding of licences); or
c
they are satisfied that, if the application were to be granted, the provision of the service would be likely to involve contraventions of—
i
standards set under section 319 of this Act; or
ii
the provisions of a code of practice in force under Part 5 of the 1996 Act (fairness).
4
The provision of more than one television licensable content service shall require a separate licence under Part 1 of the 1990 Act to be granted and held in respect of each service.
5
A single licence to provide a television licensable content service may authorise the provision of a service which consists (to any extent) of different programmes to be broadcast simultaneously, or virtually so.
6
A licence to provide a television licensable content service shall continue in force until such time as it is surrendered or is revoked in accordance with any of the provisions of this Chapter or of the 1990 Act.
7
A licence to provide a television licensable content service must contain such conditions as
OFCOM
consider appropriate for requiring the licence holder—
a
on entering into any agreement with the provider of a radio multiplex service for the provision of a television licensable content service to be broadcast by means of that multiplex service, to notify
OFCOM
—
i
of the identity of the radio multiplex service;
ii
of the period during which the service will be provided; and
iii
where under the agreement he will be entitled to the use of a specified amount of digital capacity, of that amount;
b
when any such agreement is varied so far as it relates to any of the matters mentioned in paragraph (a)(i), (ii) or (iii), to notify
OFCOM
of the variation so far as relating to those matters; and
c
where he is providing a television licensable content service to the provider of a radio multiplex service in accordance with such an agreement as is mentioned in paragraph (a) but intends to cease doing so, to notify
OFCOM
of that fact.
S. 235 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)
S. 235(7) inserted (25.7.2006) by Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 3