Broadcasting Act 1990

47 Licensing etc. of licensable programme services

(1) An application for a licence to provide a licensable programme service shall—

(a) be made in such manner as the Commission may determine; and

(b) be accompanied by such fee (if any) as they may determine.

(2) Where such an application is duly made to the Commission, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 6(1) (whether the Commission were to make a determination under subsection (4) below or not).

(3) Any licence granted by the Commission to provide a licensable programme service shall (subject to the provisions of this Part) continue in force for such period not exceeding ten years as may be specified in the licence.

(4) If the Commission—

(a) are satisfied that a particular licensable programme service is to be provided with a view to its programmes being conveyed for reception only in a particular area or locality in the United Kingdom, and

(b) consider that it is appropriate to do so,

they may, when licensing the service, determine that section 6 shall, in its application in relation to that service, have effect subject to the modifications specified in subsection (5).

(5) The modifications of section 6 are as follows—

(a) the following paragraph shall be substituted for paragraph (c) of subsection (1)—

“(c) that undue prominence is not given in its programmes to the views and opinions of particular persons or bodies on matters of political or industrial controversy or relating to current public policy;”;

(b) the following subsection shall be substituted for subsection (2)—

“(2) In applying subsection (1)(c) to any licensed service, the programmes included in that service shall be taken as a whole.”;

and

(c) the following provisions shall be omitted, namely—

(i) subsections (3) and (5) to (7), and

(ii) in subsection (4), the words from the beginning to “subsection (1),”.

(6) The Commission shall—

(a) draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of section 6(1)(c) (as substituted by subsection (5) above) in relation to a service in respect of which a determination under subsection (4) above is in force; and

(b) do all that they can to secure that the provisions of the code are observed in the provision of any such service.

(7) The Commission shall publish the code drawn up under subsection (6), and every revision of it, in such manner as they consider appropriate.

(8) Subject to subsections (9) and (10), sections 40 to 42 shall apply in relation to a licence to provide a licensable programme service as they apply in relation to a licence to provide a Channel 3 service.

(9) In its application in relation to such a licence, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall instead be £50,000.

(10) Section 42 shall apply in relation to such a licence with the omission of subsection (7).

(11) The Secretary of State may by order amend subsection (9) above by substituting a different sum for the sum for the time being specified there.

(12) Any order under subsection (11) shall be subject to annulment in pursuance of a resolution of either House of Parliament.