227 Orders suspending rights of renewal
(1) This section applies where the Secretary of State has received and considered
a report submitted to him by OFCOM under section 226.
(a) the report contains a recommendation by OFCOM for the making of an
order under this section, or
(b) the Secretary of State considers, notwithstanding the absence of such a
recommendation, that it would be appropriate to do so,
he may by order provide that licences for the time being in force that are of the
description specified in the order are not to be renewable under section 213 or
219 from the end of the licensing period in which he received the report.
(3) An order under this section preventing the renewal of licences from the end of
a licensing period must be made at least eighteen months before the end of that
(4) The Secretary of State is not to make an order under this section preventing the
renewal of licences from the end of the initial licensing period unless he has
fixed a date before the end of that period as the date for digital switchover.
(5) Where the Secretary of State postpones the date for digital switchover after
making an order under this section preventing the renewal of licences from the
end of the initial licensing period, the order shall have effect only if the date to
which digital switchover is postponed falls before the end of that period.
(6) Subsection (5) does not affect the power of the Secretary of State to make
another order under this section after postponing the date for digital
(7) An order under this section with respect to Channel 3 licences must be an order
of one of the following descriptions—
(a) an order applying to every licence to provide a Channel 3 service;
(b) an order applying to every licence to provide a national Channel 3
(c) an order applying to every licence to provide a regional Channel 3
(8) An order under this section does not affect—
(a) the person to whom a licence may be granted on an application made
under section 15 of the 1990 Act or under paragraph 3 of Schedule 10 to
this Act; or
(b) rights of renewal in respect of licences first granted so as to take effect
from the beginning of a licensing period beginning after the making of
the order, or from a subsequent time.
(9) No order is to be made containing provision authorised by this section unless
a draft of the order has been laid before Parliament and approved by a
resolution of each House.
(10) Subsection (8) of section 221 applies for construing references in this section to
the date for digital switchover as it applies for the purposes of that section.
(11) In this section—
“initial licensing period” means the licensing period ending with the
initial expiry date; and
“licensing period” has the same meaning as in section 226.
Replacement of Channel 4 licence
228 Replacement of Channel 4 licence
(1) On the commencement of this subsection—
(a) Channel 4 shall cease to be licensed under the licence in force for the
purposes of section 24(3) of the 1990 Act immediately before the
commencement of this subsection; and
(b) a licence granted for those purposes in accordance with the following
provisions of this section shall come into force as the licence under
which Channel 4 is licensed.
(2) It shall be the duty of OFCOM, as soon as practicable after the television
(a) to prepare a draft of a licence under Part 1 of the 1990 Act to replace the
licence that is likely to be in force for the purposes of section 24(3) of the
1990 Act when subsection (1) of this section comes into force;
(b) to notify C4C of the terms and conditions of the replacement licence
they propose; and
(c) after considering any representations made by C4C, to grant such a
replacement licence to C4C so that it takes effect in accordance with
paragraph (b) of subsection (1) of this section.
(3) A replacement licence proposed or granted under this section—
(a) must be a licence to provide a service with a view to its being broadcast
in digital form; and
(b) must contain such conditions (if any) requiring C4C to ensure that the
whole or a part of Channel 4 is also provided for broadcasting in
analogue form as OFCOM consider appropriate.
(4) The conditions included in a licence by virtue of subsection (3)(b) must be such
as to enable effect to be given to any directions given from time to time by the
Secretary of State to OFCOM about the continuance of the provision of services
in analogue form.
(5) Where a replacement licence proposed or granted under this section contains
a condition falling within subsection (3)(b), it must also contain a condition
(a) the programmes (apart from the advertisements) that are included in
the service provided in analogue form, and
(b) the times at which they are broadcast,
are to be the same as in the case of, or of the specified part of, the service
provided for broadcasting in digital form.
(6) The terms of a replacement licence proposed or granted under this section
must provide for it to continue in force until the end of 2014.
(a) such a licence may be renewed, on one or more occasions, for such
period as OFCOM may think fit in relation to the occasion in question;
(b) the provisions of this section (apart from subsections (1), (2) and (6)) are
to apply in the case of a licence granted by way of a renewal of a licence
granted under this section as they apply in the case of the replacement
(8) The conditions of a replacement licence proposed or granted under this section
must include the conditions that OFCOM consider appropriate for the purpose
of performing their duty under section 259.
(9) The conditions of such a licence must also include a condition prohibiting the
imposition, whether directly or indirectly, of the following—
(a) charges on persons in respect of their reception in the United Kingdom
of Channel 4;
(b) charges on persons in respect of their reception in the United Kingdom
of any service consisting in the provision of assistance for disabled
people in relation to programmes included in Channel 4; and
(c) charges on persons in respect of their reception in the United Kingdom
of any service (other than one mentioned in paragraph (b)) which is an
ancillary service in relation to so much of Channel 4 as is provided in
(10) It shall be unlawful to impose a charge in contravention of a condition falling
within subsection (9).
Television licensable content services
229 Meaning of “television licensable content service”
(1) In this Part “television licensable content service” means (subject to section 230)
any service falling within subsection (2) in so far as it is provided with a view
to its availability for reception by members of the public being secured by one
or both of the following means—
(a) the broadcasting of the service (whether by the person providing it or
by another) from a satellite; or
(b) the distribution of the service (whether by that person or by another) by
any means involving the use of an electronic communications network.
(2) A service falls within this subsection if it—
(a) is provided (whether in digital or in analogue form) as a service that is
to be made available for reception by members of the public; and
(b) consists of television programmes or electronic programme guides, or
(a) a service consisting of television programmes, an electronic
programme guide or both (“the main service”) is provided by a person
as a service to be made available for reception by members of the
(b) that person provides the main service with other services or facilities
that are ancillary to, or otherwise relate to, the main service and are also
provided so as to be so available or in order to make a service so
subsection (1) has effect as if the main service and such of the other services or
facilities as are relevant ancillary services and are not two-way services
constituted a single service falling within subsection (2).
(4) Where a person providing the main service provides it with a facility giving
access to another service, the other service shall also be taken for the purposes
of this section as provided by that person with the main service only if what is
comprised in the other service is something over which that person has general
(5) A service is a two-way service for the purposes of this section if it is provided
by means of an electronic communications network and an essential feature of
the service is that the purposes for which it is provided involve the use of that
network, or a part of it, both—
(a) for the transmission of visual images or sounds (or both) by the person
providing the service to users of the service; and
(b) for the transmission of visual images or sounds (or both) by those users
for reception by the person providing the service or by other users of
(6) In this section—
“electronic programme guide” means a service which consists of—
(a) the listing or promotion, or both the listing and the promotion,
of some or all of the programmes included in any one or more
programme services the providers of which are or include
persons other than the provider of the guide; and
(b) a facility for obtaining access, in whole or in part, to the
programme service or services listed or promoted in the guide;
“relevant ancillary service”, in relation to the main service, means a
service or facility provided or made available by the provider of the
main service that consists of or gives access to—
(a) assistance for disabled people in relation to some or all of the
programmes included in the main service;
(b) a service (apart from advertising) which is not an electronic
programme guide but relates to the promotion or listing of
programmes so included; or
(c) any other service (apart from advertising) which is ancillary to
one or more programmes so included and relates directly to
230 Services that are not television licensable content services
(1) A service is not a television licensable content service to the extent that it is
provided with a view to its being broadcast by means of a multiplex service.
(2) A service is not a television licensable content service to the extent that it
consists of a service the provision of which is authorised by—
(a) a licence to provide a television broadcasting service;
(b) the licence to provide the public teletext service; or
(c) a licence to provide additional television services.
(3) A service is not a television licensable content service to the extent that it is
provided by means of an electronic communications service if—
(a) it forms part only of a service provided by means of that electronic
communications service or is one of a number of services access to
which is made available by means of a service so provided; and
(b) the service of which it forms part, or by which it may be accessed, is
provided for purposes that do not consist wholly or mainly in making
available television programmes or radio programmes (or both) for
reception by members of the public.
(4) A service is not a television licensable content service if it is a two-way service
(within the meaning of section 229).
(5) A service is not a television licensable content service if—
(a) it is distributed by means of an electronic communications network
only to persons all of whom are on a single set of premises; and
(b) that network is wholly within those premises and is not connected to
an electronic communications network any part of which is outside
(6) For the purposes of subsection (5)—
(a) a set of premises is a single set of premises if, and only if, the same
person is the occupier of all the premises; and
(b) two or more vehicles are capable of constituting a single set of premises
if, and only if, they are coupled together.
(7) A service is not a television licensable content service if it is provided for the
purpose only of being received by persons who have qualified as users of the
service by reason of being—
(a) persons who have a business interest in the programmes included in
the service; or
(b) persons who are to receive the programmes for the purpose only of
showing them to persons falling within sub-paragraph (a) or to persons
all of whom are on the business premises of the person receiving them.
(8) For the purposes of subsection (7) a person has a business interest in
programmes if he has an interest in receiving or watching them—
(a) for the purposes of a business carried on by him; or
(b) for the purposes of his employment.
(9) In this section—
“business premises”, in relation to a person, means premises at or from
which any business of that person is carried on;
“multiplex service” means a television multiplex service, a radio
multiplex service or a general multiplex service;
“premises” includes a vehicle;
“vehicle” includes a vessel, aircraft or hovercraft.
(10) References in this section, in relation to a person, to a business include
(a) any business or other activities carried on by a body of which he is a
member and the affairs of which are managed by its members; and
(b) the carrying out of any functions conferred on that person, or on any
such body, by or under any enactment.