215 Replacement of existing Channel 3 and Channel 5 licences
Communications Act 2003 (2003 c 21) | Legislation

215  Replacement of existing Channel 3 and Channel 5 licences

(1)     It shall be the duty of OFCOM to make an offer under this section to every person who, when the offer is made, is the holder of a licence (an “existing licence”)—

(a)     to provide a Channel 3 service; or

(b)     to provide Channel 5.

(2)     The offer made to a person under this section—

(a)     must be an offer to exchange his existing licence for a replacement licence; and

(b)     must be made as soon as practicable after the television transfer date.

(3)     The replacement licence offered must be one granted in accordance with the provisions of—

(a)     Part 1 of the 1990 Act; and

(b)     section 214 of this Act;

but sections 15 to 17A of the 1990 Act (award of licences) are not to apply in the case of the replacement licence.

(4)     Subject to subsection (5), where OFCOM make an offer under this section to a person, the service which they are proposing to license by the replacement licence must be a service which—

(a)     is provided with a view to its being broadcast

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