The Local Digital Television Programme Services (Amendment) Order 2024

Amendments relating to local digital television programme service licences

4.—(1) In paragraph 10 (modifications of section 19(1) (duration and conditions of digital programme licence)), after sub-paragraph (a) insert—

“(aa) after subsection (1) there were inserted—

“(1A) A local digital television programme service licence may be renewed in accordance with section 19ZA.”,”.

(2) In paragraph 11, before new section 19A (pornographic material) insert—

“19ZA.    Renewal of local digital television programme service licences

(1) OFCOM may, at any time before 31st December 2034, renew a local digital television programme service licence on one occasion for a period ending on or before 31st December 2034 and beginning with the date on which it would otherwise expire.

(2) An application for the renewal of a local digital television programme service licence under subsection (1)—

(a) must be made in writing to OFCOM, and

(b) may be made by the licence holder not later than the day falling three months before the relevant date.

(3) An application under subsection (2) must be accompanied by—

(a) details of the local digital television programme service the applicant proposes to provide,

(b) a detailed explanation of the applicant’s ability to maintain, throughout the period for which the licence, if renewed, would be in force, the proposed service,

(c) a detailed explanation of how the character of the service is to be maintained for the period for which the licence, if renewed, would be in force, and

(d) such information as OFCOM may reasonably require as to the applicant’s present and projected financial position during the period for which the licence, if renewed, would be in force.

(4) At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish such additional information as they consider necessary for the purposes of considering the application.

(5) Where an application for the renewal of a local digital television programme service licence has been duly made to OFCOM they may refuse the application only if—

(a) it appears to them that the applicant has failed to comply with any of the conditions in their licence, or

(b) they are not satisfied that the applicant would, if their licence were renewed, provide a service which complied with the conditions to be included in the licence as renewed.

(6) In this section “the relevant date”, in relation to a local digital television programme service licence, means the date which OFCOM determine to be that by which they would need to publish a notice under section 18(1)(2) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the service formerly provided under that licence.

(7) A determination for the purposes of subsection (6)—

(a) must be made at least six months before the date determined, and

(b) must be notified by OFCOM to the person who holds the licence in question.

(8) Subsection (7) does not prevent the determination of a date falling less than six months after the making of the determination where the determination is made as soon as practicable after the day this subsection comes into force.

(9) Nothing in this section prevents the holder of a local digital television programme service licence from applying for a new licence on one or more occasions in pursuance of a notice under section 18(1).”.

(1)

Section 19 has effect in relation to a local digital television programme service with the modifications set out in S.I. 2012/292, as amended by S.I. 2012/1842. There are other amendments, but none are relevant to the modifications made by this Order.

(2)

For the purposes of a local digital television programme service, section 18 is substituted by S.I. 2012/292.