Broadcasting Act 1996

67 Review of digital radio broadcasting.U.K.

(1)For the purpose of considering for how long it would be appropriate for sound broadcasting services to continue to be provided in analogue form, the Secretary of State—

(a)shall keep under review the extent of—

(i)the provision in the United Kingdom of radio multiplex services,

(ii)the availability in the United Kingdom of digital sound programme services and the availability there in digital form of national services (within the meaning of Part III of the 1990 Act) and the sound broadcasting services of the BBC, and

(iii)the ownership or possession in the United Kingdom of equipment capable of receiving the services referred to in sub-paragraph (ii) when broadcast or transmitted in digital form,

and the likely future extent of such provision, such availability and such ownership or possession, and

(b)shall, on or before the fourth anniversary of the day on which the first national radio multiplex licence is granted under section 47, and at such time or times thereafter as he thinks fit, require [F1OFCOM] and the BBC to report to him on the matters referred to in paragraph (a).

(2)If [F1OFCOM] or the BBC are required to submit a report under subsection (1)(b), they shall submit the report within twelve months of the date of the requirement.

(3)Before making any report under this subsection (1)(b), [F1OFCOM] shall consult—

(a)the holders of all radio multiplex licences,

(b)the holders of digital sound programme licences who are providing digital sound programme services which are being broadcast, and

(c)such other persons providing services licensed by [F1OFCOM] under this Part or Part III of the 1990 Act as the Authority think fit,

and [F1OFCOM] shall include in their report a summary of representations made to them by the persons consulted.

(4)For the purpose mentioned in subsection (1), the Secretary of State shall, on requiring reports under subsection (1)(b), consult—

(a)such persons appearing to him to represent listeners as he thinks fit, and

(b)such other persons as he thinks fit,

in connection with the matters referred to in subsection (1)(a) and also, if the Secretary of State thinks fit, as to the likely effects on listeners of any sound broadcasting service ceasing to be broadcast in analogue form.

(5)In this section “sound broadcasting service” has the same meaning as in Part III of the 1990 Act.

Textual Amendments

F1Words in s. 67 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 125 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C1Pt. 2: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C2Pt. 2 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 258, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3S. 67: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 11 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)