Interesting development this evening confirming That's TV Scotland is benefiting from BBC money.
This is interesting because of the following:
- money is only available for the first three years of operation
- only stations that launched by 31st July 2017 qualify; the scheme stops three years after the deadline in 2020.
- the original holder of the licences, STV, declined BBC money, as accepting funds would have meant it sending news material to its biggest rival.
To understand what is happening, we need to look past the fact that That’s TV Scotland (and indeed STV2 before it) is a single service. In fact, there are five Ofcom L-DTPS licences underpinning this service for each of the areas it broadcasts on Freeview. A service is entitled to money based on its L-DTPS licence and when it launched.
Glasgow and Edinburgh have been on-air for over three years, so wouldn't qualify for funds. That a new channel has taken over wouldn't matter - Birmingham and Liverpool didn't get to start their funding from year 1 when they were taken over by Made TV.
Aberdeen, Ayr and Dundee are still within three years of their launch, and they all launched before 31st July 2017, so on that basis the holder of these three L-DTPS licences is entitled to be receiving three lots of money from the BBC for news content. STV was the original licence holder for these three areas, but as we know, it didn't want to accept BBC money with strings attached. But given That's TV Scotland is a new service that launched after 31st July 2017, can the money still be paid out?
Here's a bit of a trick: take Ayr for example. The L-DTPS licence was held by STV Ayr Ltd, not STV plc itself. In fact, for viewers in Ayr it was effectively STV Ayr Ltd, trading as STV2.
The twist? That company is still technically the licence holder. That's Media Ltd acquired STV Ayr Ltd in June 2018. It then renamed the company "Local Television Ayr Ltd". Actually this happened before STV2 closed, according to Companies House information. From a regulatory point of view, the licence itself has not changed hands from STV to That's Media, even if the company that holds the licence has changed hands. Therefore no need for Ofcom to intervene, as it did with the Birmingham local TV transfer from Big Centre to Made TV.
Cruically, That’s TV Scotland isn't disqualified because it launched after the July 2017 deadline. Although as far as we're concerned it is a brand new channel, from a regulatory point of view it's the continuation of the original licensed service under a different trading name.
Accounts for STV Ayr Ltd/Local Television Ayr Ltd show that it made a loss in the year ending 31st December 2017. Looking at its loss in 2017 (- £12,000), and how much it could have got from the BBC (+£150,000), we can see that there's still money to be made, although the amount for the second and third year decreases.
And it appears That's TV have made that calculation and have, based on the aforementioned technicality, tapped into the last remaining BBC funding it can access for the 3 newer licence areas for the outstanding part of the first three years in operation.
Ultimately, the only way this can be sustained is by running the channel on next to nothing, and this is what appears to be happening, as evidenced by comments on this forum.
It is however not clear if the material being sent to the BBC is for the three new areas or for the whole of Scotland. I can't see any stipulation that the news material being bought by the BBC has to be from a particular geographical area linked to the L-DTPS licence - and I suppose no-one ever sought to specify this as there would have been an assumption when this scheme was being devised that each licence would be connected to a TV channel that would only cover its local area, not a channel that broadcasts a single service on the back of several licences.
That's TV is of course well known for exploiting the rules to the max, and was responsible for rushing That's TV N Yorks on air within hours of the funding deadline on 31st July 2017, after lengthy delays in getting the channel operational.
Further reference material: BBC Local TV funding information
http://www.bbc.co.uk/corporate2/insidethebbc/howwework/reports/localtv.html
Companies House
https://beta.companieshouse.gov.uk/company/SC488509