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)
”
.