Independent television services

24Determination of Channel 3 licence areas

1

In section 14 of the Broadcasting Act 1990 (establishment of Channel 3)—

a

omit subsection (7) (restriction on providing a single Channel 3 service for the whole of England or the whole of Scotland), and

b

after that subsection insert—

7A

The areas mentioned in subsection (2) must at all times include at least one area that comprises, or falls entirely within, Scotland.

2

Section 216 of the Communications Act 2003 (renewal of Channel 3 and 5 licences) is amended as follows.

3

For subsection (4) substitute—

4

Where OFCOM receive an application under this section for the renewal of a licence they must—

a

decide whether to renew the licence; and

b

notify the applicant of their decision.

4A

If OFCOM decide to renew the licence they must—

a

in the case of a licence to provide a Channel 3 service, determine in accordance with section 216A the area for which the licence will be renewed;

b

in every case, determine in accordance with section 217 the financial terms on which the licence will be renewed; and

c

notify the applicant of their determinations.

4

After subsection (6) insert—

6A

OFCOM may also decide not to renew a licence to provide a Channel 3 service if, for the licensing period in question, they have renewed or propose to renew one or more other licences to provide a Channel 3 service for all of the area to which the licence relates.

5

In subsection (8)(a) for “subsection (4)(c)” substitute “ subsection (4A)(c) ”.

6

In subsection (10) for the words from “, in accordance” to the end substitute “—

a

to any determination under subsection (4A)(a);

b

in accordance with the determination under subsection (4A)(b), to the requirements imposed by section 217(4).”

7

After section 216 of that Act insert—

216ARenewal of Channel 3 licences: determination of licence areas

1

This section applies if OFCOM decide under section 216(4) to renew a licence to provide a Channel 3 service.

2

The area determined under section 216(4A)(a) for the licence—

a

must include all or part of the area to which the licence being renewed currently relates, and

b

may include all or part of another area if the holder of the licence to provide a Channel 3 service for the other area gives (and does not withdraw) consent before the determination is made.

8

In section 217(1) of that Act, in the opening words, for “section 216(4)(b)” substitute “ section 216(4A)(b) ”.