Broadcasting Act 1996

60 Licensing of digital sound programme services.E+W+S+N.I.

(1)For the purposes of this Part a digital sound programme service is—

(a)a “national digital sound programme service” if it is provided for broadcasting by means of a national radio multiplex service, and

(b)a “local digital sound programme service” if it is provided for broadcasting by means of a local radio multiplex service.

(2)A licence to provide digital sound programme services (in this Part referred to as a “digital sound programme licence”) may be either—

(a)a licence to provide national digital sound programme services (in this Part referred to as a “national digital sound programme licence”), or

(b)a licence to provide local digital sound programme services (in this Part referred to as a “local digital sound programme licence”).

(3)An application for a digital sound programme licence shall—

(a)be made in such manner as the Authority may determine, and

(b)be accompanied by such fee (if any) as they may determine.

(4)At any time after receiving such an application and before determining it, the Authority may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

(5)Any information to be furnished to the Authority under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6)Where an application for a digital sound programme licence is made to the Authority in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 42(2)(a) or 44(1).

(7)Subject to subsection (8), section 90 of the 1990 Act (general provisions relating to services licensed under Part III of that Act) shall apply in relation to a digital sound programme service licensed under this Part of this Act as it applies in relation to a national or local service (within the meaning of Part III of the 1990 Act).

(8)In its application in relation to a digital sound programme service licensed under this Part, section 90 of the 1990 Act shall have effect with the omission of subsection (7) and with the substitution for subsections (3) and (4) of the following—

(3)The appropriate requirement referred to in subsection (2)(a) is—

(a)in the case of a national digital sound programme service, that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy;

(b)in the case of a local digital sound programme service, that undue prominence is not given in its programmes to the views and opinions of particular persons or bodies on such matters.

(4)In applying subsection (3)(a) to a national digital sound programme service a series of programmes may be considered as a whole; and in applying subsection (3)(b) to a local digital sound programme service the programmes included in that service shall be taken as a whole.

(9)Subject to subsection (10), sections 91 to 96 of the 1990 Act (general provisions relating to services licensed under Part III of that Act) shall apply in relation to a digital sound programme service licensed under this Part as they apply in relation to a licensed service (within the meaning of Part III of the 1990 Act).

(10)In its application in relation to a digital sound programme service, section 96(1)(b) shall have effect as if the reference to the Authority’s functions under Chapter II of Part III of the 1990 Act included a reference to their functions under this Part.