Part III Independent Radio Services
Chapter II Sound Broadcasting Services
National services
98 Applications for national licences.
(1)
Where F1OFCOM propose to grant a licence to provide a national service, they shall publish, in such manner as they consider appropriate, a notice—
(a)
stating that they propose to grant such a licence;
(b)
specifying—
(i)
the period for which the licence is to be granted,
(ii)
the minimum area of the United Kingdom for which the service is to be provided, F2and
F3(iia)
the digital capacity that is likely, in their opinion, to be available from the holders of national radio multiplex licences for the broadcasting of a simulcast radio service corresponding to the service;
F4(iii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(iv)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
inviting applications for the licence and specifying the closing date for such applications; and
(d)
specifying—
(i)
the fee payable on any application made in pursuance of the notice, and
(ii)
the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 102(1)(c) if he were granted the licence.
(2)
In determining the minimum area of the United Kingdom for which a national service is to be provided F1OFCOM shall have regard to the following considerations, namely—
(a)
that the service in question should, so far as is reasonably practicable, make the most effective use of the frequency or frequencies on which it is to be provided; but
(b)
that the area for which it is to be provided should not be so extensive that the costs of providing it would be likely to affect the ability of the person providing the service to maintain it.
(3)
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
F6(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(aa)
the applicant’s proposals (if any) for providing a simulcast radio service corresponding to the service;
(b)
the fee specified in the notice under subsection (1)(d)(i);
(c)
the applicant’s proposals for training or retraining persons employed or to be employed by him in order to help fit them for employment in, or in connection with, the making of programmes to be included in his proposed service;
(d)
the applicant’s cash bid in respect of the licence;
(e)
such information as F1OFCOM may reasonably require—
(i)
as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and
(ii)
as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and
(f)
such other information as F1OFCOM may reasonably require for the purpose of considering the application.
F8(3A)
For the purposes of subsection (1)(d)(ii)—
(a)
different percentages may be specified for different accounting periods; and
(b)
the percentages that may be specified for an accounting period include a nil percentage.
(4)
(5)
Any information to be furnished to F1OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
(6)
F1OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
(a)
the name of every person who has made an application to them in pursuance of the notice;
(b)
the proposals submitted by him under subsection F11(3)(aa); and
(c)
such other information connected with his application as F1OFCOM consider appropriate.
(7)
In this section
F12“national radio multiplex licence” has the same meaning as in Part 2 of the Broadcasting Act 1996; and
“programme” does not include an advertisement.
(8)
In this Part “cash bid”, in relation to a licence, means an offer to pay to F1OFCOM a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).