Part IIIE+W+S+N.I. Independent Radio Services

Chapter IIE+W+S+N.I. Sound Broadcasting Services

Local and other servicesE+W+S+N.I.

104 Applications for other licences.E+W+S+N.I.

(1)Where [F1OFCOM] propose to grant a licence to provide a local service, they shall publish, in such manner as they consider appropriate, a notice—

(a)stating that they propose to grant such a licence;

(b)specifying the area or locality in the United Kingdom for which the service is to be provided;

(c)inviting applications for the licence and specifying the closing date for applications; and

(d)stating the fee payable on any application made in pursuance of the notice.

(2)Any application made in pursuance of a notice under subsection (1) must be in writing and accompanied by—

(a)the fee specified in the notice under paragraph (d) of that subsection;

(b)the applicant’s proposals for providing a service that would—

(i)cater for the tastes and interests of persons living in the area or locality for which it would be provided or for any particular tastes and interests of such persons, and

(ii)broaden the range of programmes available by way of local services to persons living in that area or locality;

(c)such information as [F1OFCOM] may reasonably require—

(i)as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and

(ii)as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and

(d)such other information as [F1OFCOM] may reasonably require for the purpose of considering the application.

(3)At any time after receiving such an application and before determining it [F1OFCOM] may require the applicant to furnish additional information under subsection (2)(b), (c) or (d).

(4)[F1OFCOM] shall, at the request of any person and on the payment by him of such sum (if any) as [F1OFCOM] may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) by the applicants for a local licence.

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F3An application for a licence to provide a restricted service shall be made] in such manner as [F1OFCOM] may determine, and shall be accompanied by such fee (if any) as [F1OFCOM] may determine.

(7)In this section and sections 105 and 106 “programme” does not include an advertisement.

[F4104A Renewal of local licences.E+W+S+N.I.

(1)A local licence may (subject to the following provisions of this section) be renewed on one occasion for a period of [F5twelve] years beginning with the date of renewal.

(2)No application for the renewal of a local licence under subsection (1) may be made before [F6OFCOM] first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service.

(3)Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than [F7the day falling three months before] the relevant date.

(4)The applicant must, in his application or at any time before the consideration of his application, nominate—

(a)a local digital sound programme service provided or to be provided by him, and

(b)a relevant local radio multiplex service,

but may not nominate together a local digital sound programme service and a local radio multiplex service if another local licence held by him includes a condition in pursuance of subsection (12) relating to the broadcasting of that local digital sound programme service by that local radio multiplex service.

(5)Where an application for the renewal of a local licence has been duly made to [F6OFCOM], they shall grant the application if—

(a)they are satisfied that the applicant would, if his licence were renewed, provide a local service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), F8...

(b)the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service.

[F9(c)they are satisfied that the period for which the nominated local digital sound programme service will be available for reception and the times at which it will be available will not be significantly different, week by week, from those for which and at which the licensed local service will be broadcast;]

(6)Where the condition specified in subsection (5)(a) is satisfied, [F6OFCOM] may grant the application even though the condition specified in subsection (5)(b) is not satisfied if—

(a)the applicant holds a licence to provide local digital sound programme services,

(b)a licence to provide the nominated local radio multiplex service has been awarded, and

(c)it appears to [F6OFCOM] that, under a contract between the applicant and the person to whom that licence has been awarded, the applicant is obliged to provide the nominated local digital sound programme service for broadcasting by means of the nominated local radio multiplex service.

(7)[F6OFCOM] may in any case postpone consideration of the application until the relevant date.

(8)If, at the relevant date, the condition specified in subsection (5)(b) is not satisfied, and any of the conditions specified in subsection (6) is not satisfied, [F6OFCOM] may postpone consideration of the application for such period not exceeding twelve months as they think appropriate.

(9)Where [F6OFCOM] postpone consideration of an application under this section for any period beyond the relevant date (the “postponement period”), they shall extend the period for which the licence is in force by a period equal to the postponement period; and section 86(3) shall not limit the powers of [F6OFCOM] under this subsection.

(10)On the grant of any application under this section [F6OFCOM] shall—

(a)where the nominated local digital sound programme service provided by the applicant is not being broadcast by means of the nominated local radio multiplex service, determine a date by which that service must have begun to be so broadcast; and

(b)specify a fee payable to [F6OFCOM] in respect of the renewal.

(11)Where [F6OFCOM] have granted a person’s application under this section they shall formally renew his licence as soon afterwards as is reasonably practicable; and they shall not so renew his licence unless they have notified him of—

(a)any date determined by them under subsection (10)(a), and

(b)the renewal fee specified by them under subsection (10)(b),

and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

(12)Where [F6OFCOM] renew a licence under this section they shall include in the licence as renewed a condition requiring the licence holder to do all that he can to ensure that the nominated local digital sound programme service is broadcast by means of the nominated local radio multiplex service throughout the period beginning with whichever is the later of—

(a)the date on which the licence would expire if not renewed, and

(b)any date determined by them under subsection (10)(a),

and ending with the date on which the licence (as renewed) is to expire.

[F10(12A)In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—

(a)the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and

(b)on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.]

(13)In this section—

(a)local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996;

(b)nominated” means nominated by the applicant under subsection (4);

(c)relevant date”, in relation to a local licence, means the date which [F6OFCOM] determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; and

(d)relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose “coverage area”, in relation to a service, has the meaning given by [F11paragraph 8(2) of Schedule 14 to the Communications Act 2003].]

[F12(14)A determination for the purposes of subsection (13)(c)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.]

Annotations:

Amendments (Textual)

F4Ss. 104A, 104B inserted (1.11.1996) by 1996 c. 55, s. 94(1) (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2

F5Word in s. 104A(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6Words in s. 104A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F7Words in s. 104A(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8Word in s. 104A(5)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F9S. 104A(5)(c) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 254, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F11Words in s. 104A(13)(d) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 46(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

104BF13 Special application procedure for local licences.E+W+S+N.I.

(1)Where—

(a)a local licence is due to expire (otherwise than by virtue of section 110), [F14and]

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F16OFCOM] propose to grant a further licence to provide the service in question,

[F16OFCOM] may if they think fit publish a notice under subsection (2) instead of a notice under section 104(1).

[F17(1A)In subsection (1)(c) the reference to the service in question, in relation to a case in which it is a pre-transfer local licence that is due to expire, is a reference to the equivalent local service for which a licence is capable of being granted at times on or after the radio transfer date.]

(2)A notice under this subsection is a notice—

(a)stating that [F16OFCOM] propose to grant a further licence to provide a specified local service,

(b)specifying the area or locality in the United Kingdom for which the service is to be provided,

(c)inviting declarations of intent to apply for a licence to provide the service,

(d)specifying the closing date for such declarations, and

(e)specifying—

(i)the application fee payable on any declaration made in pursuance of the notice, and

(ii)a deposit of such amount as [F16OFCOM] may think fit.

(3)A declaration of intent made in pursuance of a notice under subsection (2) must be in writing and accompanied by the application fee and deposit specified under subsection (2)(e)(i) and (ii).

(4)Where [F16OFCOM] receive a declaration of intent in accordance with the provisions of this section from a person other than the licence holder in relation to the service in question, they shall—

(a)publish a notice under section 104(1),

(b)specify—

(i)in relation to persons who have made a declaration of intent in accordance with the provisions of this section, no further application fee, and

(ii)in relation to all other applicants, an application fee of the same amount as the fee referred to in subsection (2)(e)(i), and

(c)repay the deposit referred to in subsection (2)(e)(ii) to every person—

(i)who has made a declaration of intent in accordance with the provisions of this section, and

(ii)who duly submits an application in pursuance of the notice referred to in paragraph (a).

(5)Where [F16OFCOM] receive a declaration of intent in accordance with the provisions of this section from the licence holder in relation to the service in question, and no such declaration from any other person, they shall—

(a)invite the licence holder to apply for the licence in such manner as they may determine (but without requiring any further application fee), and

(b)on receiving an application duly made by him, repay to him the deposit referred to in subsection (2)(e)(ii).

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 Special requirements relating to grant of local licences.E+W+S+N.I.

Where [F19OFCOM] have published a notice under section 104(1), they shall, in determining whether, or to whom, to grant the local licence in question, have regard to the following matters, namely—

(a)the ability of each of the applicants for the licence to maintain, throughout the period for which the licence would be in force, the service which he proposes to provide;

(b)the extent to which any such proposed service would cater for the tastes and interests of persons living in the area or locality for which the service would be provided, and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which the service would cater for those tastes and interests;

(c)the extent to which any such proposed service would broaden the range of programmes available by way of local services to persons living in the area or locality for which it would be provided, and, in particular, the extent to which the service would cater for tastes and interests different from those already catered for by local services provided for that area or locality; and

[F20(d)the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service.]

Annotations:

Amendments (Textual)