On 11 December 2024, Ofcom opened two key consultations, marking another step in its roadmap of implementation for the Media Act 2024 (the “Act”). These consultations focus on the designation of television selection services and the renewal of local commercial radio licences.
Designation of Television Selection Services
On 5 December 2024, Ofcom released their market update on connected TV platforms, examining the role of connected TV platforms as digital content gateways. We’ve evaluated the market update in this article here.
Following the market update, Ofcom are continuing its evaluation of connected TV platforms with a new consultation. This consultation aims to help Ofcom make its recommendations to the Secretary of State regarding her designation of television selection services (TSS), which are crucial for ensuring that PSBs remains accessible and prominent on connected TV platforms. Ofcom is seeking views on the principles and methods to define these services, which is expected to preserve the visibility of PSB content in an increasingly digital and on-demand media landscape.
Key points of the consultation include:
- Criteria for Designation: Establishing clear and transparent criteria for what constitutes a TSS.
- User Numbers: Assessing the number of people using a TSS in the UK and determining its significance.
- Manner of Use: Evaluating how extensively and regularly TSS are accessed by users.
- Technical Functionality: Determining if a TSS can support designated PSB apps, present television apps and programmes with varying levels of prominence, and include accessibility features for people with disabilities.
For further information on the new rules for the designation of TSS under the Act, please see our previous article here.
Local Commercial Radio Licence Renewals
Ofcom are also focusing on the renewal of local commercial radio licences. The Act introduces new provisions aimed at simplifying and streamlining the renewal process for these licences. Previously, renewal was only available if the analogue licence holder also broadcast a digital radio service on a relevant DAB multiplex. Now, a licensee can apply for renewal even if there is no ‘suitable’ DAB multiplex available. Ofcom is seeking feedback on the proposed renewal framework to ensure it supports the sustainability and growth of local commercial radio services.
Key points of the consultation include:
- New Renewal Route: Introducing a new pathway that allows the renewal of local analogue commercial licences even in the absence of a ‘suitable’ DAB multiplex, thus broadening the options for licensees.
- Renewal Criteria: Establishing clear criteria for licence renewals, focusing on factors such as for local content production and community engagement to ensure services meet public needs.
- Process Improvements: Streamlining the renewal process to make it more efficient and less burdensome for licensees, reducing administrative overhead.
- Public and Industry Input: Gathering views from current licensees, potential new entrants, and listeners to shape the final renewal process, ensuring it reflects the diverse interests of all stakeholders.
For further information on the new rules for radio licensing under the Act, please see our previous article here.
Ofcom’s Plan of Work and Next Steps
According to Ofcom's roadmap, a consultation on the renewal of local commercial radio licences was originally scheduled for July to September 2024, with a statement expected between October and December 2024. However, Ofcom’s proposed Plan of Work now expects the statement’s release between 1 July and 30 September 2025. Similarly, the consultation on principles and methods for platform designation was planned for October to December 2024, with the statement due between January to March 2025. This timeline has also been adjusted, with the statement now expected between 1 July and 30 September 2025.
These consultations represent a significant step in the implementation of the Act, aimed at updating the regulatory framework to keep pace with the changing media landscape. Ofcom is inviting stakeholders to share their perspectives to help shape effective policies for the future of television and radio broadcasting in the UK. Both consultations will remain open for approximately 8 weeks, closing on 5 February 2025 at 5pm.
We are watching the Media Act’s progress along the roadmap for implementation, so keep an eye out for our updates on our dedicated CMS Media Act Tracker. If you would like to discuss any aspect of the Media Act or how it may affect you, please get in touch.
Co-authored by Florentina Terholli, a trainee solicitor at CMS.
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