a range and diversity of local services.

for including in that provision a requirement that one of the national services there referred to should be a service of a particular description, or

for removing such a requirement from that provision;

sound broadcasting services;

radio licensable content services;

additional radio services.

in the case of a licence to provide radio licensable content services, until such time as it is surrendered or is revoked in accordance with any of the following provisions of this Part; and

in any other case, until whichever is the earlier of any such time or the end of the period specified in the licence.

shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to F23OFCOM about the variation.

any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).

such conditions as appear to F30OFCOM to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act F28, the Broadcasting Act 1996 or the Communications Act 2003;

conditions enabling F30OFCOM to supervise and enforce technical standards in connection with the provision of the licensed service;

conditions requiring the payment by the licence holder to F30OFCOM (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;

conditions requiring the licence holder to furnish F30OFCOM, in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act F29, the Broadcasting Act 1996 or the Communications Act 2003;

conditions requiring the licence holder, if found by F30OFCOM to be in breach of any condition of his licence, to reimburse to F30OFCOM, in such circumstances as are specified in any conditions, any costs reasonably incurred by them in connection with the breach of that condition;

conditions providing for such incidental and supplemental matters as appear to F30OFCOM to be appropriate.

is required by virtue of any condition imposed under this Part to provide F30OFCOM with any information, and

in purported compliance with that condition provides them with any information which is false in a material particular,

that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and

that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and

that those requirements are not contravened in the case of a person who already holds a licence.

revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;

make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);

impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.

revoke the award of any licence in pursuance of subsection (2)(b), or

determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,

the holder of the licence is a body, and

a relevant change takes place after the grant of the licence,

the Commission have notified him of the matters F34constituting their grounds for revoking the licence and given him a reasonable opportunity of making representations to them about those matters, and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a change in the national market share (within the meaning of F37Part 1 of Schedule 14 to the Communications Act 2003) of one or more national newspapers (within the meaning of that Part of that Schedule);

a change in the local market share (within the meaning of that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).

any change affecting the nature or characteristics of the body, or

any change in the persons having control over or interests in the body, F5or

any other change giving rise to F39a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003,

an offence under section 1(1) of the Wireless Telegraphy Act 1949 (“the 1949 Act”) consisting in the establishment or use of a station for wireless telegraphy, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of section 9 of the Marine, &c., Broadcasting (Offences) Act 1967);

an offence under section 1A of the 1949 Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 1 would constitute an offence falling within paragraph (a);

an offence under section 1B or 1C of the 1949 Act (unlawful broadcasting offences);

an offence under the M1Marine, &c., Broadcasting (Offences) Act 1967; or

an offence under section 97 below.

the provision of the licensed service or the making of programmes included in it; or

the operation of a station for wireless telegraphy used for broadcasting the service.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

stating that they propose to grant such a licence;

inviting applications for the licence and specifying the closing date for such applications; and

that the service in question should, so far as is reasonably practicable, make the most effective use of the frequency or frequencies on which it is to be provided; but

that the area for which it is to be provided should not be so extensive that the costs of providing it would be likely to affect the ability of the person providing the service to maintain it.

the applicant’s proposals (if any) for providing a simulcast radio service corresponding to the service;

the fee specified in the notice under subsection (1)(d)(i);

the applicant’s proposals for training or retraining persons employed or to be employed by him in order to help fit them for employment in, or in connection with, the making of programmes to be included in his proposed service;

the applicant’s cash bid in respect of the licence;

such other information as F55OFCOM may reasonably require for the purpose of considering the application.

different percentages may be specified for different accounting periods; and

the percentages that may be specified for an accounting period include a nil percentage.

the name of every person who has made an application to them in pursuance of the notice;

the proposals submitted by him under subsection (3)(a) F53 and (aa); and

such other information connected with his application as F55OFCOM consider appropriate.

that he would be able to maintain that service F58and any proposed simulcast radio service corresponding to that service throughout the period for which the licence would be in force.

disregard the requirement imposed by subsection (1); and

award the licence to the simulcast applicant whose cash bid is the highest of the bids submitted by simulcast applicants.

two or more applicants for a licence have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid, or

two or more simulcast applicants have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid submitted by a simulcast applicant,

the applicant is not a simulcast applicant and they propose to exercise their power under subsection (1A); or

they propose to exercise their power under subsection (3).

they shall not award the licence to him unless the Secretary of State has given his approval.

paying any amounts payable by him by virtue of section 102(1), or

otherwise financing the provision of his proposed service.

publish the matters specified in subsection (9) in such manner as they consider appropriate; and

grant the licence to that person.

the name of the person to whom the licence has been awarded and the amount of his cash bid;

the name of every other applicant in whose case it appeared to F61OFCOM that the requirement specified in section 99(1)(a) was satisfied;

where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, F61OFCOM’s reasons for the licence having been so awarded; and

such other information as F61OFCOM consider appropriate.

paragraph (b) were omitted; and

the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.

that person indicates to F67OFCOM that he does not intend to provide F63the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A, or

F67OFCOM for any other reason have reasonable grounds for believing that that person will not provide F64the licensed national service or any such simulcast radio service once the licence has come into force,

£250,000; and

7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.

£250,000; and

7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.

in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;

in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and

in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 98(1)(d)(ii).

in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or

in respect of charges made in that period for the reception of programmes included in that service.

the licence holder or any connected person, and

a person acting as an advertising agent,

enabling F68OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and

requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.

authorising F68OFCOM to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;

providing for the adjustment of any overpayment or underpayment.

the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or

the last complete accounting period of his falling within the licence period does not end at the same time as that period,

the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and

the retail prices index for the month of November in the year preceding the relevant year;

that change takes place without having been previously approved for the purposes of this section by F71OFCOM,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145..., F142OFCOM may postpone the consideration of the application for so long as they think appropriate having regard to subsection (8).

F142OFCOM are satisfied that the applicant would, if his licence were renewed, provide a national 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),

the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and

a simulcast radio service provided by the applicant is being broadcast in digital form or F142OFCOM are satisfied that by the relevant date the applicant has done all that it would in the circumstances be reasonable to expect him to do by that date to procure the broadcasting of such a service within such time as F142OFCOM consider reasonable.

may, in a case where a simulcast radio service provided by the applicant is not yet being broadcast in digital form on the relevant date, determine a date by which the broadcasting of such a service in that form must begin;

shall determine an amount which is to be payable to F142OFCOM by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and

may specify a different percentage from that specified under section 98(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 102(1)(c) during the period for which the licence is to be renewed.

different percentages may be specified for different accounting periods; and

the percentages that may be specified for an accounting period include a nil percentage.

any date determined by them under subsection (6)(a),

the amount determined by them under subsection (6)(b), and

any percentage specified by them under subsection (6)(c),

(subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force;

where F142OFCOM have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; and

the reference in section 111(4) to the end of the period for which a national licence is to continue in force shall, in relation to the licence, be construed as a reference to the end of the period for which it has been renewed.

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

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 national licence granted by OFCOM under this Part after the radio transfer date.

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

must be notified by OFCOM to the person who holds the licence in question.

stating that they propose to grant such a licence;

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

inviting applications for the licence and specifying the closing date for applications; and

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

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

such other information as F73OFCOM may reasonably require for the purpose of considering the application.

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

a relevant local radio multiplex service,

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), F80...

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

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;

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

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

it appears to F81OFCOM 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.

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

specify a fee payable to F81OFCOM in respect of the renewal.

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

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

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

any date determined by them under subsection (10)(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

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.

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

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

“relevant date”, in relation to a local licence, means the date which F81OFCOM 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

“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 F79paragraph 8(2) of Schedule 14 to the Communications Act 2003.

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

must be notified by OFCOM to the person who holds the licence in question.

a local licence is due to expire (otherwise than by virtue of section 110), F83and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86OFCOM propose to grant a further licence to provide the service in question,

stating that F86OFCOM propose to grant a further licence to provide a specified local service,

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

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

specifying the closing date for such declarations, and

publish a notice under section 104(1),

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

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

that the departure would not substantially alter the character of the service;

that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided;

that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in that area or locality; or

that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure.

that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or

that the increase that would result is justifiable in the exceptional circumstances of the case.

stating that they have exercised that power in relation to that service; and

giving details of the additional area or locality for which that service is licensed to be provided.

sound broadcasting services;

radio licensable content services;

additional services;

the proposed departure; and

the period in which representations may be made to OFCOM about the proposal.

are not required to publish a notice under this section, and

may specify a period of less than 28 days in such a notice as the period for representations,

to publish any matter that is confidential in accordance with subsection (6) or (7); or

to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.

it relates specifically to the affairs of a particular body; and

its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

it relates specifically to the private affairs of an individual; and

its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

stating that F132OFCOM are so satisfied as respects any specified condition or direction;

stating the effect of subsection (2); and

specifying for the purposes of that subsection a period not exceeding twelve months.

to provide F132OFCOM in advance with such scripts and particulars of the programmes to be included in the licensed service as are specified in the direction; and

in relation to such of those programmes as will consist of or include recorded matter, to produce to F132OFCOM in advance for examination or reproduction such recordings of that matter as are so specified;

that the holder of a licence has failed to comply with any condition of the licence, and

that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F96a statement of findings (or both) under this subsection,

a notice requiring him to pay, within a specified period, a specified financial penalty to F132OFCOM;

a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years; or

a notice suspending the licence for a specified period not exceeding six months.

£250,000; and

5 per cent. of the qualifying revenue for his last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

that the holder of a licence granted under this Chapter is failing to comply with any condition of the licence or with any direction given by them under or by virtue of any provision of this Part, and

that that failure is such that, if not remedied, it would justify the revocation of the licence,

stating that F132OFCOM are satisfied as mentioned in subsection (1);

specifying the respects in which, in their opinion, the licence holder is failing to comply with any such condition or direction as is there mentioned; and

stating that, unless the licence holder takes, within such period as is specified in the notice, such steps to remedy the failure as are so specified, F132OFCOM will revoke his licence under subsection (3).

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,

that the holder of the licence has ceased to provide the licensed service before the end of the period for which the licence is to continue in force, and

that it is appropriate for them to do so,

that the holder of a licence granted under this Chapter 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,

that the holder of a licence to provide a F100 radio licensable content service has included in the service one or more programmes containing material likely to encourage or incite to crime or to lead to disorder,

that he has thereby failed to comply with the condition F101which in compliance with section 263 of the Communications Act 2003 is included in the licence for the purpose of securing the objective mentioned in section 319(2)(b) of that Act, and

that the failure is such as to justify the revocation of the licence,

stating that F102OFCOM are satisfied as mentioned in subsection (1),

specifying the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned in paragraph (b) of that subsection,

stating that F102OFCOM may revoke his licence after the end of the period of twenty-one days beginning with the date on which the notice is served on the licence holder,

informing the licence holder of his right to make representations to F102OFCOM within that period about the matters complained of, and

suspending the licence as from the time when the notice is served on the licence holder until the revocation takes effect or F102OFCOM decide not to revoke the licence.