Broadcasting Act 1996
Restricted Services Licences (RSLs) are a new form of local television service, provision for which was made in the Broadcasting Act 1996. The legislative provisions allowing the ITC to license RSLs came into effect on 1 April 1997.
Background
RSLs were introduced to make use of spare analogue frequencies for terrestrial television broadcasts. They are, in an important sense, short-term leaseholds. This is because the licensed services, in many cases, utilise frequencies for which there are more permanent longer-term plans, for example, for digital services. Frequencies will cease to be available for RSLs because of the eventual switchover to digital broadcasting.
There are two types of RSL. The first, to cover a specific event such as a festival, is issued for a term of 56 days. The second, to cover a particular establishment or other location (such as a university or a part of a town), is for a period of four years.
Applications
Applications for a specific-event RSL may be made at any time. The ITC has so far held three rounds of applications for location-based RSLs. The ITC is able to consider applications from existing applicants or licensees for a location-specific RSL licence for a relay, provided it is for the purpose of improving reception within the intended ‘nominal’ coverage described in the original application.
Frequency Clearance
Limited spectrum availability in the television broadcasting band means restricted services licences will not be universally available and in general only low power transmitters can be used. Once applications are submitted, the ITC commissions an initial assessment to establish whether a frequency is potentially available for RSL use in the areas applied for.
If a frequency is identified applicants are invited to decide whether they wish to pursue the application further. In some cases, for instance where the frequencies available require viewers to purchase a new aerial or to alter the position of their existing aerial, or where the coverage area may be very restricted, applicants may decide not to take their application further.
Applicants deciding to continue will then proceed to the final national frequency clearance stage. The Radiocommunications Agency (RA) works at an international level to obtain frequency clearance. There is no guarantee that this will be received. If it is the ITC can then grant the RSL licence, subject to the applicant completing a formal declaration of ownership in compliance with the requirements of the Broadcasting Acts.
In addition to an ITC licence, an applicant must also have a Wireless Telegraphy Act licence, obtainable from the RA, before commencing test transmissions.
Competing Applications
Where more than one valid application is received for an RSL frequency the ITC provisionally allocates the available frequency primarily on the basis of which service is likely to offer most to local viewers.
Applications for existing RSL areas
There is no automatic renewal of location-based RSLs. Where it is likely that a frequency identified for local television services will remain available for local television services on the expiry of the four year licence term, the ITC will (where appropriate) announce the continued availability of the frequency and invite applications for licences approximately nine months before the current licence expires. The ITC will take into consideration the contribution made by the incumbent licensee to the range of programming available to the local community.
Fees
An application, dependent upon frequency clearance, must be accompanied by a fee to cover initial frequency planning work (£600). If a potential frequency is identified and the application is valid a further payment of £1800 is required to cover the national and international frequency clearance work. Applicants successfully completing this stage may then request the licence to be issued on payment of £500 for an ITC licence and £2,000 for the Wireless Telegraphy Act licence.
RSLs licensed and on air
Three rounds of licensing have been held in June 1997, September 1998, and October 1999. 23 RSLs are currently licensed. Out of those 23, 13 are now on air. The ITC is not planning a further round of licensing. Any future new digital local television regime will be determined by government policy.
Areas where frequencies are unavailable
In 2001-2, the ITC held a Public Consultation about the development of local television. The Communications Act makes provision for licensing of local television services. But a key question is whether the government will in future allocate digital spectrum specifically for local television.
Further references
ITC publications
Restricted Services Licences: Notes for the guidance of applicants.
ITC news release 86/96, 46/97, 79/97, 100/97, 7/98, 45/98, 87/98, 37/99, 62/99, 66/99, 06/03, 08/03, 09/03, 10/03, 14/03, 18/03, 25/03, 28/03, 29/03.
June 2003
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