C1Part III Independent Radio Services

Annotations:
Modifications etc. (not altering text)
C1

Pt. III: 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)

C1Chapter II Sound Broadcasting Services

Local and other services

104AAF1Further renewal of local licences

1

A local licence may be renewed under this section on F4three occasions for a period of not more than 7 years F2(on the F5first occasion), 5 years (on the second occasion)F6or 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 F7....

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 subsections (4) F8, (4A) and (5).

4

Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.

F34A

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, F9...

c

references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB F10, 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.

  • F11“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.