Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Character and coverage of radio services

Consultation about change of character of local services
313
After section 106 of the 1990 Act there shall be inserted—

Consultation about change of character of local services
106ZA
1
Before deciding for the purposes of a condition imposed under subsection (1A) of section 106 whether to consent to a departure from the character of a service provided under a local licence on any of the grounds mentioned in paragraphs (b) to (d) of that subsection, OFCOM must publish a notice specifying—
a
the proposed departure; and
b
the period in which representations may be made to OFCOM about the proposal.
2
That period must end not less than 28 days after the date of publication of the notice.
3
The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the departure.
4
OFCOM—
a
are not required to publish a notice under this section, and
b
may specify a period of less than 28 days in such a notice as the period for representations,
if they consider that the publication of the notice, or allowing a longer period for representations, would result in a delay that would be likely prejudicially to affect the interests of the licence holder.
5
OFCOM are not required under this section—
a
to publish any matter that is confidential in accordance with subsection (6) or (7); or
b
to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.
6
A matter is confidential under this subsection if—
a
it relates specifically to the affairs of a particular body; and
b
its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.
7
A matter is confidential under this subsection if—
a
it relates specifically to the private affairs of an individual; and
b
its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.
Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
S. 313 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)