Part III Independent Radio Services
Chapter II Sound Broadcasting Services
Local and other services
F1104AAFurther renewal of local licences
(1)
A local licence may be renewed under this section on F2three occasions for a period of not more than 7 years F3(on the F4first occasion), 5 years (on the second occasion) F5or 10 years (on the third occasion) beginning with the date of renewal (subject to the following provisions of this section and section 104AB).
(2)
A local licence may be renewed under this section only if—
(a)
it has been renewed under section 104A, or
(b)
it is granted on or after the day on which this section comes into force F6....
(3)
Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to F7subsections (4) to (5).
(4)
Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.
F8(4ZA)
Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—
(a)
the condition in section 104A(5)(a) is met,
(b)
the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and
(c)
the alternative condition in subsection (4ZB) below is met instead.
(4ZB)
The alternative condition is met if—
(a)
in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—
(i)
a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and
(ii)
a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and
(b)
OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).
(4ZC)
Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—
(a)
a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and
(b)
a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.
F9(4A)
Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
(a)
the renewal of the licence in question would be the third renewal under this section,
(b)
OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
(c)
the determination is made as soon as practicable after that day.
(5)
In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—
(a)
subsections (4) and (13)(b) were omitted,
(b)
references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, F10...
(c)
references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB F11, and
(d)
references to the nominated small-scale radio multiplex service were omitted.
(6)
In this section and sections 104AB and 104AC—
“approved licence” means a local licence approved by OFCOM for the purposes of this section;
“local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.
F12“small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.
(7)
Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—
(a)
the licence proposed to be approved, and
(b)
a period in which representations may be made to OFCOM.