{
  "url": "https://openlegislation.uk/draft-local-digital-television-programme-services-order-2012/schedule/paragraph-9",
  "json_url": "https://openlegislation.uk/draft-local-digital-television-programme-services-order-2012/schedule/paragraph-9.json",
  "legislation": "ukdsi/2012/9780111518212",
  "legislation_title": "The Local Digital Television Programme Services Order 2012",
  "legislation_url": "https://openlegislation.uk/draft-local-digital-television-programme-services-order-2012",
  "path": "schedule/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Local digital television programme services",
  "text": "Part 1 has effect as if for section 18 there were substituted—\n“Licensing of local digital television programme services\n18 (1) Where OFCOM propose to grant a licence to provide a local digital television programme service they must publish, in such manner as they consider appropriate, a notice—\n(a) stating that they propose to grant such a licence and its likely duration,\n(b) specifying which digital capacity reserved by OFCOM will be reserved for local digital television programme services,\n(c) specifying the area or locality for which the service is to be provided and that only one licence will be granted in respect of each such area or locality,\n(d) inviting applications for the licence and specifying the closing date for such applications, and\n(e) specifying the fee payable on any application.\n(2) An application for a local digital television programme service licence must be in writing and accompanied by—\n(a) the fee specified pursuant to subsection (1)(e),\n(b) details of the local digital television programme service the applicant proposes to provide,\n(c) details of the timetable according to which the applicant proposes to begin providing the service,\n(d) a detailed explanation of how the character of the service, as proposed in the application, is to be maintained for the period for which the licence would be in force,\n(e) such information as OFCOM may reasonably require as to the applicant’s present and projected financial position during the period for which the licence would be in force, and\n(f) such other information as OFCOM may reasonably require for the purpose of considering the application.\n(3) 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 purpose of considering the application.\n(4) Any information to be furnished to OFCOM under this section must, if they so require, be in such form or verified in such manner as they may specify.\n(5) Where an application for a local digital television programme service licence is made to OFCOM in accordance with the provisions of this section, they may grant the licence unless precluded from doing do by section 3(3)(a) or 5(1).\n(6) OFCOM must, in determining whether and to whom to grant a local digital television programme service licence have regard to the following factors—\n(a) the extent to which any proposed service–\n(i) meets, or would meet, the needs of the area or locality where it is received,\n(ii) would be likely to broaden the range of television programmes available for viewing by persons living or working in that area or locality, and\n(iii) would be likely to increase the number and range of the programmes about that area or locality that are available for such viewing and to increase the number of programmes made in that area or locality that would be so available, and\n(b) the ability of the applicant for the licence to maintain, throughout the period for which the licence would be in force, the proposed service.\n(7) A service shall be taken for the purposes of subsection (6)(a)(i) to meet the needs of an area or locality if, and only if—\n(a) its provision brings social or economic benefits to the area or locality, or to different categories of persons living or working in that area or locality, or\n(b) it caters for the tastes, interests and needs of some or all of the different descriptions of persons living or working in the area or locality (including, in particular, tastes, interests and needs that are of special relevance in the light of the descriptions of persons who do so live and work).\n(8) In subsections (6) and (7) the references to persons living or working in an area or locality include a reference to persons undergoing education or training in that area or locality.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 18 was amended by the Communications Act 2003 (c.21), ss 360(3), 406(7), Sch 15, Pt 2, para 90(1) to (2), Sch 19(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2012/9780111518212/schedule/paragraph/9",
    "retrieved_at": "2026-10-30T14:52:34.328566+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}