Broadcasting Act 1990

73 Licensing of local delivery services

(1) The Commission may grant such licences to provide local delivery services as they may determine.

(2) Local delivery licences shall authorise the provision of local delivery services for such areas in the United Kingdom as the Commission may determine; and, where such licences authorise the provision of such services to any extent by wireless telegraphy, they shall be so provided on frequencies assigned to those services by the Commission.

(3) Subject to subsection (4), sections 3, 4 and 5 shall apply to local delivery licences as they apply to licences granted by the Commission under Part I of this Act.

(4) In the application of those sections to local delivery licences—

(a) section 3(1) shall have effect as if the words “or Part II” were added at the end;

(b) any reference in any other provision of those sections to Part I of this Act shall be construed as including a reference to this Part of this Act; and

(c) section 3(5) shall have effect as if the first reference to section 19(1) included a reference to section 77(1).

(5) A local delivery licence may include provisions enabling the licence holder, subject to and in accordance with such conditions as the Commission may impose, to authorise any person to whom this subsection applies to undertake to any extent the provision of the licensed service on behalf of the licence holder.

(6) Subsection (5) applies to any person who is not a disqualified person in relation to a local delivery licence by virtue of Part II of Schedule 2 to this Act.

(7) Any conditions included in a local delivery licence shall apply in relation to the provision of the licensed service to any extent by a person authorised as mentioned in subsection (5) as they apply in relation to the provision of the service by the licence holder; and any failure by such a person to comply with any such conditions shall be treated for the purposes of this Part as a failure on the part of the licence holder to comply with those conditions.