Paragraph 11 I1

Part 1 has effect as if after section 19 there were inserted—

“Extension of local digital television programme service licences

F119ZA

(1)

OFCOM may, with the consent of the licence holder, extend the period for which a local digital television programme service licence continues in force by twelve months.

(2)

The power in subsection (1) may be exercised in relation to a local digital television programme service licence even if the total period for which the licence continues in force exceeds twelve years.

(3)

The power in subsection (1) may only be exercised once in relation to each local digital television programme service licence.

(4)

Subsection (1) does not affect the operation of section 23(1)(b).

Renewal of extended local digital television programme service licences

19ZB

(1)

Where OFCOM have extended a local digital television programme service licence under section 19ZA(1), OFCOM may, at any time before 26th November 2025, renew that local digital television programme service licence on one occasion in accordance with this section for a period beginning with the date on which it would otherwise expire and ending before 1st January 2035.

(2)

An application for the renewal of a local digital television programme service licence under subsection (1) must be made—

(a)

by the licence holder,

(b)

in writing, and

(c)

before 1st April 2025.

(3)

An application under subsection (2) must be accompanied by—

(a)

details of the local digital television programme service the applicant proposes to provide,

(b)

a detailed explanation of the applicant’s ability to maintain, throughout the period for which the licence, if renewed, would be in force, the proposed service,

(c)

a detailed explanation of how the character of the service is to be maintained for the period for which the licence, if renewed, would be in force, and

(d)

such information as OFCOM may reasonably require as to the applicant’s present and projected financial position during the period for which the licence, if renewed, would be in force.

(4)

At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish such other information as OFCOM may reasonably require for the purpose of considering the application.

(5)

Where an application for the renewal of a local digital television programme service licence has been duly made to OFCOM they may refuse the application only if—

(a)

it appears to them that the applicant has failed to comply with any of the conditions in their licence, or

(b)

they are not satisfied that the applicant would, if their licence were renewed, provide a service which complied with the conditions to be included in the licence as renewed.

(6)

Where OFCOM have granted a person’s application under this section, they shall formally renew that person’s licence from the date on which it would otherwise expire.

(7)

Nothing in this section prevents the holder of a local digital television programme service licence from applying for a new licence on one or more occasions in pursuance of a notice under section 18(1).

Pornographic material

19A

(1)

For the purposes of section 19(3A)(e), material is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(2)

Where the material forms part of a series of images and that series is such as to be capable of providing a context for the material, the question whether the material is “pornographic” is to be determined by reference to—

(a)

the material itself, and

(b)

the context provided by the series of images.

(3)

So, for example, where—

(a)

the material forms an integral part of a narrative constituted by a series of images, and

(b)

having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the material may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

Prohibition of certain advertising content

19B

(1)

For the purposes of section 19(3A)(f), advertising falls within this section if it is—

(a)

of a duration of at least 3 minutes, and

(b)

for a chat service made available for purchase by means of a premium rate service.

(2)

In this section–

• “chat service” means a service offering two-way communication in sound or vision (or both) between the purchaser and another individual;

• “premium rate service” means a service falling within section 120(7) of the Communications Act 2003^f1.”