Section 238: Revocation of television licensable content service licence, Communications Act 2003

OFCOM must serve a notice under subsection (2) on the holder of a licence to provide a television licensable content service if they are satisfied—

that the holder of the licence is in contravention of a condition of the licence or is failing to comply with a direction given by them under or by virtue of any provision of this Part, Part 1 of the 1990 Act or Part 5 of the 1996 Act; and

that the contravention or failure, if not remedied, would justify the revocation of the licence.

A notice under this subsection must—

state that OFCOM are satisfied as mentioned in subsection (1);

specify the respects in which, in their opinion, the licence holder is contravening the condition or failing to comply with the direction; and

state that OFCOM will revoke the licence unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified.

If, at the end of the period specified in a notice under subsection (2), OFCOM are satisfied—

that the person on whom the notice was served has failed to take the steps specified in it, and

that it is necessary in the public interest to revoke his licence,

they shall serve a notice on him revoking his licence.

If OFCOM are satisfied in the case of a licence to provide a television licensable content service—

that the holder of the licence has ceased to provide the licensed service, and

that it is appropriate for them to do so,

they shall serve a notice on him revoking his licence.

If OFCOM are satisfied—

that the holder of a licence to provide a television licensable content service has provided them, in connection with his application for the licence, with information which was false in a material particular, or

that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,

they may serve a notice on him revoking his licence.

A notice under this section revoking a licence to provide a television licensable content service takes effect as from the time when it is served on the licence holder.

OFCOM are not to serve a notice on a person under this section unless they have given him a reasonable opportunity of making representations to them about the matters in respect of which it is served.

Where OFCOM—

serve a notice on a BBC company under this section, or

receive representations from a BBC company by virtue of subsection (7),

they must send a copy of the notice or representations to the Secretary of State.

Nothing in this section applies to the revocation of a licence in exercise of the power conferred by section 239.

Section 238: Revocation of television licensable content service licence

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