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Legislation and Regulation


The legislative and regulatory framework for Local Television is provided by the Broadcasting Act 1996, the Communications Act 2003 and regulations set by the Communications regulator Ofcom for Local Television and other broadcasters.

The Broadcasting Act 1996
The Broadcasting Act 1996 introduced the Restricted Television Service Licence category.  This licensing category allows for profit making, local television services and appears in section 85 of the Broadcasting Act 1996.  Read the full text here

Community Television services that hold this licence choose to operate on a not-for-profit basis.

The Communications Act 2003
The Communications Act 2003 introduced a vastly improved framework for Community Media development in the United Kingdom and the Community Media Association played an important role in lobbying for this new framework. The Act received Royal Assent on 17 July 2003.

The sections in the Act that hold promise for Community Television are as follows:

Section 244
This section says that the Secretary of State may by order make provision for Local Digital Television services.  Read the full text here

Section 359
This section says that Ofcom can make grants to Community Radio licensees.  It also enables the Secretary of State to introduce an Order that will enable Ofcom to make grants to Local Digital Television licensees.  Read the full text here

Ofcom (the Office of Communications)
Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.

Ofcom's Statutory Duties under the Communications Act 2003 are as follows:

    " 3(1) It shall be the principal duty of Ofcom, in carrying out their functions;

        (a) to further the interests of citizens in relation to communications matters; and
        (b) to further the interests of consumers in relevant markets, where appropriate by promoting competition"

Ofcom and Local Television
Ofcom is tasked with the licensing and regulation of Restricted Television Services.  The Regulator is currently responsible for 18 location-based RTS licences in various locations around the United Kingdom , for broadcasting on analogue spectrum.

As digital switchover approaches, Restricted Television Service licensees have requested that their long term position be clarified.  Ofcom has decided that all analogue frequencies used for television broadcasting will no longer be available by the end of the digital switchover process.

Ofcom intends to vary all the existing RTS licences until a date shortly before the digital switchover timetable begins. The date that Ofcom proposes for this variation is 30 June 2007.
 
Ofcom is now carrying out detailed work on the prospects for digital local television in 2005 following on from its the Public Service Television Review.  The Community Media Association is being consulted as part of this process. The Regulator’s aim is to be able to give RTS licensees more detailed information about such prospects well in advance of 2007.

The Broadcasting Code
The Communications Act 2003 required Ofcom to take into account setting standards for television and radio services. On 25 July 2005 Ofcom published a new Code for Broadcasting. The Code is the product of extensive consultation with broadcasters, viewers and listeners and other interested parties. The standards in the Code are shaped for television and radio. It allows for the setting out of clear principles and rules enabling broadcasters more freedom for creativity and audiences greater freedom to exercise their choices, while securing those objectives set by Parliament.

View: The Broadcasting Code

Read online: The Community Media Association response to the Consultation on the proposed Ofcom Broadcasting Code

Supplemental response from the Community Media Association on Section 13
 

 
 
 
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