F1Part 3BRegulation of radio selection services

Relevant internet radio services

362BGMeaning of “relevant internet radio service”

(1)

In this Part, “relevant internet radio service” means an internet radio service for the time being included in the list maintained by OFCOM under subsection (2).

(2)

OFCOM must establish and maintain an up to date list of the internet radio services in relation to which the conditions in subsections (3) and (5) are satisfied and their providers.

(3)

The condition in this subsection is that, in the opinion of OFCOM, the provider of the service has in place an effective system or process for securing that the service corresponds to a UK radio service that is provided by the provider of the internet radio service.

(4)

For the purposes of subsection (3), an internet radio service corresponds to a UK radio service if, disregarding advertisements, all of the programmes included in the internet radio service are broadcast on the UK radio service at the same time as they are provided by the internet radio service.

(5)

The condition in this subsection is that the provider of an internet radio service—

(a)

has given notice to OFCOM requesting that the service be included in the list, and

(b)

has not since then given notice to OFCOM under subsection (6) or (7).

(6)

The provider of an internet radio service included in the list may give notice to OFCOM requesting that the service be removed from the list.

(7)

The provider of an internet radio service included in the list must give notice to OFCOM if—

(a)

that person ceases to be the provider of the service,

(b)

that person ceases to be the provider of the UK radio service to which it relates, or

(c)

the service ceases to be provided.

(8)

A notice given to OFCOM under this section must—

(a)

be sent in such manner as OFCOM may require;

(b)

contain such information as OFCOM may require.

(9)

OFCOM must take appropriate steps to keep the list up to date, including by carrying out further assessments of whether a provider of an internet radio service has in place such system or process as is described in subsection (3).

(10)

OFCOM must publish the list on a publicly accessible part of their website.

(11)

In this section—

“digital sound programme service” has the same meaning as in Part 2 of the 1996 Act (see section 40 of that Act);

“restricted service” has the same meaning as in section 245;

“short-duration restricted service” means a restricted service authorised to be provided by a licence under Part 3 of the 1990 Act where the period specified in the licence as the period for which the licence is in force is less than 12 months;

“sound broadcasting service” has the same meaning as in Part 3 of the 1990 Act (see section 126 of that Act);

“UK radio service” means—

(a)

a sound broadcasting service, other than a short-duration restricted service, provided by the BBC or authorised to be provided by a licence under Part 3 of the 1990 Act, or

(b)

a digital sound programme service provided by the BBC or authorised to be provided by a licence under Part 2 of the 1996 Act.