Modifications etc. (not altering text)
C1Pt. 1: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C2Pt. 1 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(10)(c), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C3Pt. 1 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 241(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C4Pt. 1 applied in part (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 1 (as amended (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), arts. 1, 3)
C5Pt. 1 modified (13.9.2021) by The Television Multiplex Services (Renewal of Multiplex Licences) Order 2021 (S.I. 2021/941), arts. 1, 3, Sch.
(1)Where [F1OFCOM] have published a notice under section 7(1), they shall in determining whether, or to whom, to award the multiplex licence in question, have regard to the extent to which, taking into account the matters specified in subsection (2) and any representations made to them in pursuance of section 7(8)(b) with respect to those matters, the award of the licence to each applicant would be calculated to promote the development of digital television broadcasting in the United Kingdom otherwise than by satellite.
(2)The matters referred to in subsection (1) are—
(a)the extent of the coverage area proposed to be achieved by the applicant as indicated in the technical plan submitted by him under section 7(4)(b),
(b)the timetables proposed by the applicant under section 7(4)(b)(ii) and (d),
(c)the ability of the applicant to establish the proposed service and to maintain it throughout the period for which the licence will be in force,
(d)the capacity of the digital programme services proposed to be included in the service to appeal to a variety of tastes and interests,
(e)any proposals by the applicant for promoting or assisting the acquisition, by persons in the proposed coverage area of the service, of equipment capable of receiving all the multiplex services available in that area, and
(f)whether, in contracting or offering to contract with persons providing digital programme services [F2, digital sound programme service] or digital additional services, the applicant has acted in a manner calculated to ensure fair and effective competition in the provision of such services.
(3)In subsection (2)(e) “acquisition” includes acquisition on hire or loan.
(4)Where [F1OFCOM] have awarded a multiplex licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—
(a)publish in such manner as they consider appropriate—
(i)the name of the person to whom the licence has been awarded, and
(ii)such other information as [F1OFCOM] consider appropriate, and
(b)grant the licence to that person.
Textual Amendments
F1Words in s. 8 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 80(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 8(2)(f) inserted (29.12.2003) by virtue of Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 80(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)