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)
C3Pt. 2 applied (with modifications) (25.10.2019) by The Small-scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(a), Sch. Pts. 1, 3
C4Pt. 2 applied (with modifications) (25.10.2019) by The Small-scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(b), Sch. Pts. 2, 3
(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 [F1, by means of a television multiplex service or by means of a general 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 [F2OFCOM] 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, [F2OFCOM] 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 [F2OFCOM] 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 [F2OFCOM] 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).
[F3(6A)Section 89 of the 1990 Act (disqualification from being licence holder or concerned with the provision of a programme service if convicted of a transmitting offence) shall apply in relation to a licence under this section as it applies to a licence under Part 3 of that Act, but with the omission of paragraph (b) of subsection (3) of that section and of the word “or” immediately before that paragraph.]
F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 60(1)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 260(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in s. 60 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 119(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3S. 60(6A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 119(3)(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4S. 60(7)-(10) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)