EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Broadcasting Act 1996 (“the Act”) to allow OFCOM to further renew local radio multiplex licences.
Regulation 2 amends section 58 of the Act which allows OFCOM to renew local and national radio multiplex licences on one occasion only. The amendment permits a further renewal for local radio multiplex licences only.
Regulation 3 inserts a new section 58ZA into the Act which sets out the procedure by which, and conditions under which, a further renewal of a local radio multiplex licence may be made. Subsection (1) sets out the condition which must be met before the licence can be renewed; that the licence holder has completed works to ensure that the coverage in their local radio multiplex area meets the coverage plan produced by OFCOM. Subsection (2) provides that licences renewed under section 58ZA will expire on 31st December 2030. Subsection (3) requires an application to be made before the relevant date. Subsection (4) permits OFCOM, if required, to require applicants for a renewal to submit technical plans. Subsection (5) sets out the grounds on which OFCOM may refuse to renew the licence. Subsection (6) provides that the licence is renewed from the date on which OFCOM approves the renewal. Subsection (7) specifies conditions which OFCOM must include in the renewed licence including a new condition that the coverage of the local radio multiplex must be maintained at the level it reaches on completion of the OFCOM coverage plan until the end of the renewed licence period (in 2030).
An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the website of the Department for Culture, Media and Sport (www.gov.uk/organisations/department-for-culture-media-sport). It is also annexed to the Explanatory Memorandum which is available at www.legislation.gov.uk.