The Local Digital Television Programme Services Order 2012

Local digital television programme services

10.  Section 19(1) (duration and conditions of digital programme licence) has effect as if—

(a) for subsection (1) there were substituted–

“(1) A local digital television programme service licence (subject to the provisions of this Part) continues in force until the earlier of—

(a) the end of the period specified by OFCOM in the licence, being a period not exceeding twelve years, or

(b) the time it is surrendered by its holder.”,

(b) after subsection (3) there were inserted–

“(3A) A local digital television programme service licence must also include such conditions as appear to OFCOM to be appropriate for securing that—

(a) the service is provided in the location specified by OFCOM,

(b) charges on persons in respect of reception of the service in the United Kingdom are prohibited,

(c) the character of the licensed service, as proposed by the licence holder when making the application, is maintained for the duration of the licence,

(d) the service is at all times offered as available (subject to the need to agree terms) to be broadcast –

(i) by means of the multiplex licensed for the carriage of a local digital television programme service in the location specified by OFCOM pursuant to section 12(1)(i), and

(ii) in such technical format or in accordance with such technical instructions as OFCOM may specify,

(e) the service does not contain any pornographic material (within the meaning of section 19A),

(f) the service does not contain any advertising falling within section 19B,

(g) the licence holder co-operates with holders of local digital television programme service licences and holders of local multiplex licences to facilitate the provision of local digital television programme services in the United Kingdom,

(h) the licence holder, if notified to do so by OFCOM, participates in the formation of a legal entity which is intended to facilitate the provision of local digital television programme services,

(i) the licence holder seeks (in co-operation with the legal entity mentioned in paragraph (h)) to measure the number of viewers of the service, and

(j) the licence holder encourages the legal entity mentioned in paragraph (h) to apply for a local multiplex licence which OFCOM propose to grant under section 7(1) or to negotiate for a local multiplex licence which otherwise becomes available.

(3B) Conditions included in a licence under subsection (3A)(c) may authorise OFCOM to consent to a departure from the character of the licensed service if they are satisfied—

(a) that the departure would not substantially alter the character of the service,

(b) that the departure would not unacceptably reduce, the number and range of the programmes about the area or locality for which the service is licensed,

(c) that the departure would not unacceptably reduce, the number of programmes made in the area or locality for which the service is licensed, and

(d) that the service would continue to meet the needs of the area or locality for which the service is licensed.

(3C) Before deciding whether to consent to a departure from the character of a licensed service on any of the grounds specified in subsection (3B)(b) to (d) , OFCOM must publish a notice specifying —

(a) the proposed departure, and

(b) the period in which representations may be made to OFCOM about the proposal.

(3D) That period must end later than 28 days after the publication of the notice.

(3E) The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the departure.

(3F) OFCOM—

(a) are not required to publish a notice under this section, or

(b) may specify in such a notice a period shorter than that required by subsection (3D),

if they consider that the publication of the notice, or allowing a longer period for representations, would result in a delay that would be likely prejudicially to affect the interests of the licence holder.

(3G) OFCOM are not required under this section–—

(a) to publish any matter that is confidential in accordance with subsections (3H) or (3I), or

(b) to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.

(3H) A matter is confidential under this subsection if–—

(a) it relates specifically to the affairs of a particular body, and

(b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

(3I) A matter is confidential under this subsection if —

(a) it relates specifically to the private affairs of an individual, and

(b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.”.

(1)

Section 19 was amended by the Communications Act 2003, ss 360(3), 406(7), Sch 15, Pt 2, para 91(1), (2)(a) to (d) and (3), Sch 19(1)