Part 3Television and Radio Services ETC

Chapter 4Regulatory provisions

Character and coverage of radio services

314F1Local news and information in local sound broadcasting services

F2(1)

A local sound broadcasting licence must contain such conditions as OFCOM consider appropriate for—

(a)

requiring the licensed local sound broadcasting service to include, and regularly broadcast, programmes that consist of or include local news and information, and

(b)

requiring that local news to consist of or include locally-gathered news.

F3(1A)

But subsection (1) does not apply in the case of a local sound broadcasting service if OFCOM consider it is appropriate for it not to apply in that case.

(2)

OFCOM must—

(a)

draw up guidance as to how they consider F4the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1); and

(b)

have regard to that guidance in carrying out their functions F5under subsection (1).

(3)

The guidance may be different for different descriptions of services.

(4)

OFCOM may revise the guidance from time to time.

(5)

Before drawing up or revising the guidance, OFCOM must consult—

(a)

such persons as appear to them to represent the interests of persons for whom local sound broadcasting services are or would be provided;

(b)

persons holding licences to provide local sound broadcasting services or persons appearing to represent such persons, or both; and

(c)

such other persons as they consider appropriate.

(6)

OFCOM must publish the guidance and every revision of it in such manner as they consider appropriate.

(7)

In this section—

F6...

F7“local news and information”, in relation to a local sound broadcasting service, F8means news and information which is of particular interest—

(a)

to persons living or working within the area or locality for which the service is provided;

(b)

to persons living or working within a part of that area or locality; or

(c)

to particular communities living or working within that area or locality or a part of it;

F9“locally-gathered”, in relation to news broadcast on a local sound broadcasting service, means—

(a)

news gathered in the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the local sound broadcasting service by persons who gather news in the course of an employment or business, or

(b)

if there is no local radio multiplex service with such a coverage area, news gathered in the area or locality for which the local sound broadcasting service is provided by persons who gather news in the course of an employment or business;

and for this purpose the coverage area for a local radio multiplex service or local sound broadcasting service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this section;

F10... and

“programme” does not include an advertisement.

(8)

References in this section to persons living or working within an area or locality include references to persons undergoing education or training in that area or locality.

F11(9)

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F11(10)

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F11(11)

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