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.