(1) In this Part (unless the context otherwise requires)—
“the 1981 Act” means the Broadcasting Act 1981;
“additional service” and “additional services licence” have the meaning given by section 48(1) and section 49(10) respectively;
“the appropriate percentage”, in relation to any year, has the meaning given by section 19(10);
“cash bid”, in relation to a licence, has the meaning given by section 15(7);
“Channel 3” means the system of television broadcasting services established ... under section 14, and “a Channel 3 licence” means a licence to provide one of the services comprised within that system;
“Channel 4” means the television broadcasting service referred to in section 24(1), and “on Channel 4” means in that service;
“Channel 5” means the television broadcasting service referred to in section 28(1), and “a Channel 5 licence” means a licence to provide that service;
...
“the Corporation” means the Channel Four Television Corporation established by section 23;
. . .
“licence” means a licence under this Part, and “licensed” shall be construed accordingly;
...
“national Channel 3 service” has the meaning given by section 14(6), and “a national Channel 3 licence” means a licence to provide a national Channel 3 service;
. . .
“regional Channel 3 service” has the meaning given by section 14(6), and “a regional Channel 3 licence” means a licence to provide a regional Channel 3 service;
“restricted service” has the meaning given by section 42A;
...“S4C Digital” ... has the same meaning as in Part 3 of the Communications Act 2003;
...
“spare capacity” shall be construed in accordance with section 48(2);
“television broadcasting service”, “television licensable content service” and “television programme service” each has the same meaning as in Part 3 of the Communications Act 2003;
(2) Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.
(1) A licence shall be in writing and (subject to the provisions of this Part) shall continue in force (subject to a suspension of the licence under section 111B)—
(a) in the case of a licence to provide radio licensable content services, until such time as it is surrendered or is revoked in accordance with any of the following provisions of this Part; and
(b) in any other case, until whichever is the earlier of any such time or the end of the period specified in the licence.
(2) A licence may be granted by OFCOM for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified; and (without prejudice to the generality of the preceding provision) a licence may be so granted for the provision of a service which to any extent consists in the simultaneous broadcasting of different programmes on different frequencies.
(3) A licence to provide a local or national service or to provide an additional service must specify a period of no more than twelve years as the period for which it is to be in force.
(4) OFCOM —
(a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and
(b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;
and nothing in this Part shall be construed as affecting the operation of this subsection or of section 88(1) or (2)(b) or (c) or 89(1).
(4A) Where OFCOM are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.
(5) OFCOM may vary a licence by a notice served on the licence holder if—
(a) in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or
(b) in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.
(6) Paragraph (a) of subsection (5) does not affect the operation of section 97B , 105A or 110(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 102(1) or section 118(1).
(7) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of OFCOM .
(8) Without prejudice to the generality of subsection (7), OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.
(9) The holding of a licence by a person shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 8 of the Wireless Telegraphy Act 2006; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
(1) A licence may include—
(a) such conditions as appear to OFCOM to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act , the Broadcasting Act 1996 or the Communications Act 2003;
(b) conditions enabling OFCOM to supervise and enforce technical standards in connection with the provision of the licensed service;
(c) conditions requiring the payment by the licence holder to OFCOM (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;
(d) conditions requiring the licence holder to furnish OFCOM, in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act , the Broadcasting Act 1996 or the Communications Act 2003;
(e) conditions requiring the licence holder, if found by OFCOM to be in breach of any condition of his licence, to reimburse to OFCOM, in such circumstances as are specified in any conditions, any costs reasonably incurred by them in connection with the breach of that condition;
(f) conditions providing for such incidental and supplemental matters as appear to OFCOM to be appropriate.
(2) A licence may in particular include—
(a) conditions requiring the licence holder—
(i) to comply with any direction given by OFCOM as to such matters as are specified in the licence or are of a description so specified, or
(ii) (except to the extent that OFCOM consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified; and
(b) conditions requiring the licence holder to permit—
(i) any employee of, or person authorised by, OFCOM, ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to enter any premises which are used in connection with the broadcasting of the licensed service and to inspect, examine, operate or test any equipment on the premises which is used in that connection.
(3) The fees required to be paid to OFCOM by virtue of subsection (1)(c) shall be in accordance with such tariff as may from time to time be fixed by OFCOM; ...
(4) A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and OFCOM shall publish every such tariff in such manner as they consider appropriate.
(5) Where the holder of any licence—
(a) is required by virtue of any condition imposed under this Part to provide OFCOM with any information, and
(b) in purported compliance with that condition provides them with any information which is false in a material particular,
he shall be taken for the purposes of sections 110 and 111 to have failed to comply with that condition.
(6) Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).
(1) OFCOM shall do all that they can to secure—
(a) that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and
(b) that a person does not become the holder of a licence if requirements imposed by or under Schedule 14 to the Communications Act 2003 would be contravened were he to do so; and
(c) that those requirements are not contravened in the case of a person who already holds a licence.
(2) OFCOM may accordingly—
(a) require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining—
(i) whether he is such a disqualified person as is mentioned in subsection (1)(a),
(ii) whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and
(iii) if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;
(b) revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;
(c) make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);
(d) impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting—
(i) shareholdings in the body, or
(ii) the directors of the body,
where such proposals are known to the body;
(da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
(i) shareholdings in the body; or
(ii) the directors of the body;
(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or
(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
(e) impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.
(2A) Before revoking in pursuance of subsection (2)(b) the award of a licence to a BBC company, OFCOM shall give the Secretary of State notice of their intention to do so, specifying the relevant change.
(3) Where OFCOM —
(a) revoke the award of any licence in pursuance of subsection (2)(b), or
(b) determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,
any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.
(4) Those provisions shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.
(5) Every licence shall include such conditions as OFCOM consider necessary or expedient to ensure that where—
(a) the holder of the licence is a body, and
(b) a relevant change takes place after the grant of the licence,
OFCOM may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.
(6) The Commission shall not serve any such notice on the licence holder unless—
(a) the Commission have notified him of the matters constituting their grounds for revoking the licence and given him a reasonable opportunity of making representations to them about those matters, and
(b) in a case where the relevant change is one falling within subsection (6A)—
(i) they have also given him an opportunity of complying with the requirements imposed by or under Schedule 14 to the Communications Act 2003 within a period specified in the notification, and
(ii) the period specified in the notification has elapsed.
(6A) A relevant change falls within this subsection if it consists only in one or more of the following—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a change in the national market share (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003) of one or more national newspapers (within the meaning of that Part of that Schedule);
(c) a change in the local market share (within the meaning of section 5) in a particular area of one or more local newspapers (within the meaning of Part 1 of Schedule 14 to the Communications Act 2003).
(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6C) OFCOM shall not serve any such notice as is mentioned in subsection (5) on a BBC company unless they have given the Secretary of State notice of their intention to do so, specifying the relevant change.
(6D) Where OFCOM receive any written representations from a BBC company under subsection (6), they shall send a copy of the representations to the Secretary of State.
(7) In this section “relevant change”, in relation to a body to which a licence has been awarded or granted, means—
(a) any change affecting the nature or characteristics of the body, or
(b) any change in the persons having control over or interests in the body, or
(c) any other change giving rise to a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003,
being (in any case) a change which is such that, if it fell to OFCOM to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.
89 Disqualification for holding licence on grounds of conviction for transmitting offence.
(1) Subject to subsection (2), a person shall be disqualified for holding a licence under this Part if within the last five years he has been convicted of—
(a) an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act);
(aa) an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a);
(ab) an offence under section 37 or 38 of that Act (unlawful broadcasting offences);
(b) an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or
(c) an offence under section 97 below.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Every licence granted under this Part shall include conditions requiring the holder of the licence to do all that he can to ensure that no person who is disqualified for holding a licence by virtue of subsection (1) is concerned in—
(a) the provision of the licensed service or the making of programmes included in it; or
(b) the operation of a wireless telegraphy station used for broadcasting the service.
97 Prohibition on providing independent radio services without a licence.
(1) Subject to subsection (2), any person who provides any relevant regulated radio service without being authorised to do so by or under a licence under this Part or Part II of the Broadcasting Act 1996 shall be guilty of an offence.
(1A) In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.
(2) The Secretary of State may, after consultation with OFCOM, by order provide that subsection (1) shall not apply to such services or descriptions of services as are specified in the order.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) No proceedings in respect of an offence under this section shall be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(5) Without prejudice to subsection (3) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.
(6) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Secretary of State may give notice to OFCOM nominating a date for digital switchover for the post-commencement services specified or described in the notice.
(2) When nominating a date, or considering whether to nominate a date, the Secretary of State must have regard to any report submitted by OFCOM or the BBC under section 67(1)(b) of the Broadcasting Act 1996 (review of digital radio broadcasting).
(3) The Secretary of State—
(a) may nominate different dates for different services, and
(b) may give notice to OFCOM withdrawing a nomination under this section.
(4) In this section and section 97B—
“date for digital switchover”, in relation to a post-commencement service, means a date after which it will cease to be appropriate for the service to continue to be provided in analogue form;
“post-commencement service” means a local service, national service or additional service that is provided under a licence that—
was granted on or after the day on which this section comes into force, or
has been renewed under section 103B or 104AA.
97B Variation of licence period after date for digital switchover nominated
(1) This section applies if the Secretary of State has nominated a date for digital switchover for a post-commencement service (and has not withdrawn the nomination).
(2) If the period for which the licence to provide the post-commencement service is to continue in force ends after the date for digital switchover, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (3).
(3) OFCOM may not reduce the period so that it ends less than 2 years after the day on which they issue the notice, unless the licence holder consents to such a reduction.
(4) If the period for which the licence to provide the post-commencement service is to continue in force ends on or before the date for digital switchover, OFCOM may not vary the licence so that the period ends after that date.
(5) If the period for which the licence to provide the post-commencement service is to continue in force ends before the date for digital switchover, OFCOM may by notice vary the licence so that the period ends—
(a) on that date, or
(b) before that date (and after the date when it would have otherwise ended),
if the licence holder consents to the variation.
(1) Where OFCOM propose to grant a licence to provide a national service, they shall publish, in such manner as they consider appropriate, a notice—
(a) stating that they propose to grant such a licence;
(b) specifying—
(i) the period for which the licence is to be granted,
(ii) the minimum area of the United Kingdom for which the service is to be provided, and
(iia) the digital capacity that is likely, in their opinion, to be available from the holders of national radio multiplex licences for the broadcasting of a simulcast radio service corresponding to the service;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) inviting applications for the licence and specifying the closing date for such applications; and
(d) specifying—
(i) the fee payable on any application made in pursuance of the notice, and
(ii) the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 102(1)(c) if he were granted the licence.
(2) In determining the minimum area of the United Kingdom for which a national service is to be provided OFCOM shall have regard to the following considerations, namely—
(a) that the service in question should, so far as is reasonably practicable, make the most effective use of the frequency or frequencies on which it is to be provided; but
(b) that the area for which it is to be provided should not be so extensive that the costs of providing it would be likely to affect the ability of the person providing the service to maintain it.
(3) Any application made in pursuance of a notice under this section must be in writing and accompanied by—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) the applicant’s proposals (if any) for providing a simulcast radio service corresponding to the service;
(b) the fee specified in the notice under subsection (1)(d)(i);
(c) the applicant’s proposals for training or retraining persons employed or to be employed by him in order to help fit them for employment in, or in connection with, the making of programmes to be included in his proposed service;
(d) the applicant’s cash bid in respect of the licence;
(e) such information as OFCOM may reasonably require—
(i) as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force, and
(ii) as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and
(f) such other information as OFCOM may reasonably require for the purpose of considering the application.
(3A) For the purposes of subsection (1)(d)(ii)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.
(4) At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under any of paragraphs ... (aa), (c), (e) and (f) of subsection (3).
(5) Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
(6) OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—
(a) the name of every person who has made an application to them in pursuance of the notice;
(b) the proposals submitted by him under subsection (3)(aa); and
(c) such other information connected with his application as OFCOM consider appropriate.
(7) In this section
“national radio multiplex licence” has the same meaning as in Part 2 of the Broadcasting Act 1996; and
“programme” does not include an advertisement.
(8) In this Part “cash bid”, in relation to a licence, means an offer to pay to OFCOM a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).
99 Procedure to be followed by Authority in connection with consideration of applications for national licences.
(1) Where a person has made an application for a national licence in accordance with section 98, OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 100 unless it appears to them—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) that he would be able to maintain the proposed service and any proposed simulcast radio service corresponding to that service throughout the period for which the licence would be in force.
(2) Any reference to an applicant in section 100 (except in section 100(9)(b)) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of subsection (1) above are satisfied.
100 Award of national licence to person submitting highest cash bid.
(1) Subject to the following provisions of this section, OFCOM shall, after considering all the cash bids submitted by the applicants for a national licence, award the licence to the applicant who submitted the highest bid.
(1A) If, in a case in which one or more of the applicants has made a proposal to provide a simulcast radio service corresponding to the service to be licensed (a “simulcast applicant”), the highest cash bid is made by an applicant who is not a simulcast applicant, OFCOM may—
(a) disregard the requirement imposed by subsection (1); and
(b) award the licence to the simulcast applicant whose cash bid is the highest of the bids submitted by simulcast applicants.
(2) Where—
(a) two or more applicants for a licence have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid, or
(b) two or more simulcast applicants have submitted cash bids specifying an identical amount and that amount is higher than the amount of every other bid submitted by a simulcast applicant,
OFCOM must invite those applicants and (in a case falling within paragraph (b)) every applicant who has made a higher bid to submit further cash bids in respect of that licence.
(2A) OFCOM may decide not to invite an applicant to submit a further cash bid under subsection (2) if—
(a) the applicant is not a simulcast applicant and they propose to exercise their power under subsection (1A); or
(b) they propose to exercise their power under subsection (3).
(2B) Subsection (2A) is not to be construed as preventing OFCOM from making a decision to exercise their power under subsection (1A) or (3) after they have received further bids in response to invitations under subsection (2).
(2C) In this Part references to a person’s cash bid, in relation to a person who has submitted a further cash bid in pursuance of subsection (2), have effect as references to his further bid.
(3) OFCOM may disregard the requirement imposed by subsection (1) and award the licence to an applicant who has not submitted the highest bid if it appears to them that there are exceptional circumstances which make it appropriate for them to award the licence to that applicant; and where it appears to OFCOM, in the context of the licence, that any circumstances are to be regarded as exceptional circumstances for the purposes of this subsection, those circumstances may be so regarded by them despite the fact that similar circumstances have been so regarded by them in the context of any other licence or licences.
(4) If it appears to OFCOM, in the case of the applicant to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section, that there are grounds for suspecting that any relevant source of funds is such that it would not be in the public interest for the licence to be awarded to him—
(a) they shall refer his application to the Secretary of State, together with—
(i) a copy of all documents submitted to them by the applicant, and
(ii) a summary of their deliberations on the application; and
(b) they shall not award the licence to him unless the Secretary of State has given his approval.
(5) On such a reference the Secretary of State may only refuse to give his approval to the licence being awarded to the applicant in question if he is satisfied that any relevant source of funds is such that it would not be in the public interest for the licence to be so awarded.
(6) In subsections (4) and (5) “relevant source of funds”, in relation to an applicant, means any source of funds to which he might (directly or indirectly) have recourse for the purpose of—
(a) paying any amounts payable by him by virtue of section 102(1), or
(b) otherwise financing the provision of his proposed service.
(7) Where OFCOM are, by virtue of subsection (4), precluded from awarding the licence to an applicant, the preceding provisions of this section shall (subject to subsection (11)) have effect as if that person had not made an application for the licence.
(8) Where OFCOM have awarded a national licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—
(a) publish the matters specified in subsection (9) in such manner as they consider appropriate; and
(b) grant the licence to that person.
(9) The matters referred to in subsection (8)(a) are—
(a) the name of the person to whom the licence has been awarded and the amount of his cash bid;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) where the licence has, by virtue of subsection (3) above, been awarded to an applicant who has not submitted the highest cash bid, OFCOM’s reasons for the licence having been so awarded; and
(d) such other information as OFCOM consider appropriate.
(10) In a case where the licence has been awarded to any person by virtue of the operation of this section, in accordance with any provision of this Part, on the revocation of an earlier grant of the licence, subsection (9) shall have effect as if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the matters specified in that subsection included an indication of the circumstances in which the licence has been awarded to that person.
(11) Subsections (1) to (6) shall not have effect as mentioned in subsection (7) if OFCOM decide that it would be desirable to publish a fresh notice under section 98 in respect of the grant of the licence; and similarly, where any of the following provisions of this Part provides, in connection with the revocation of a licence, for this section to have effect as if the former holder of the licence had not made an application for it, this section shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a further licence to provide the service in question.
100A Licence conditions relating to simulcast radio services
Where OFCOM award a national licence to a person whose application for that licence included proposals to provide a simulcast radio service, that licence must include a condition requiring the licence holder—
(a) to provide, from a date specified in the licence, a simulcast radio service corresponding to the licensed service; and
(b) to do all that he can to secure the broadcasting of that service.
101 Failure to begin providing licensed service and financial penalties on revocation of licence.
(1) If at any time after a national licence has been granted to any person but before the licence has come into force—
(a) that person indicates to OFCOM that he does not intend to provide the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A, or
(b) OFCOM for any other reason have reasonable grounds for believing that that person will not provide the licensed national service or any such simulcast radio service once the licence has come into force,
then, subject to subsection (2)—
(i) OFCOM shall serve on him a notice revoking the licence as from the time the notice is served on him, and
(ii) section 100 shall (subject to section 100(11)) have effect as if he had not made an application for the licence.
(2) Subsection (1) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless OFCOM have served on him a notice stating their grounds for believing that he will not provide the licensed national service or the simulcast radio service once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.
(3) Where OFCOM revoke a national licence under this section or under any other provision of this Part, they shall serve on the licence holder a notice requiring him to pay to them, within a specified period, a specified financial penalty.
(3A) The maximum amount which a person may be required to pay by way of a penalty under subsection (3) is the maximum penalty given by subsections (3B) and (3C).
(3B) In a case where the licence is revoked under this section or the penalty is imposed before the end of the first complete accounting period of the licence holder to fall within the period for which the licence is in force, the maximum penalty is whichever is the greater of—
(a) £250,000; and
(b) 7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.
(3C) In any other case, the maximum penalty is whichever is the greater of—
(a) £250,000; and
(b) 7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the period for which the licence is in force.
(3D) Section 102(2) to (6) applies for estimating or determining qualifying revenue for the purposes of subsection (3B) or (3C) above.
(5) Any financial penalty payable by any body by virtue of subsection (3) shall, in addition to being recoverable from that body as provided by section 122(4), be recoverable by OFCOM as a debt due to them from any person who controls that body.
102 Additional payments to be made in respect of national licences.
(1) A national licence shall include conditions requiring the licence holder to pay to OFCOM (in addition to any fees required to be so paid by virtue of section 87(1)(c))—
(a) in respect of the first complete calendar year falling within the period for which the licence is in force, the amount specified in his cash bid;
(b) in respect of each subsequent year falling wholly or partly within that period, the amount so specified as increased by the appropriate percentage; and
(c) in respect of each accounting period of his falling within the period referred to in paragraph (a), an amount representing such percentage of the qualifying revenue for that accounting period as was specified in relation to the licence under section 98(1)(d)(ii).
(2) For the purposes of subsection (1)(c) the qualifying revenue for any accounting period of the licence holder shall (subject to subsection (6)) consist of all payments received or to be received by him or by any connected person—
(a) in consideration of the inclusion in the licensed service in that period of advertisements or other programmes, or
(b) in respect of charges made in that period for the reception of programmes included in that service.
(3) If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (2), any payments are made to the licence holder or any connected person to meet any payments payable by the licence holder by virtue of subsection (1)(c), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.
(4) In the case of an advertisement included under arrangements made between—
(a) the licence holder or any connected person, and
(b) a person acting as an advertising agent,
the amount of any receipt by the licence holder or any connected person that represents a payment by the advertiser from which the advertising agent has deducted any amount by way of commission shall, except in a case falling within subsection (5), be the amount of the payment by the advertiser after the deduction of the commission.
(5) If the amount deducted by way of commission as mentioned in subsection (4) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.
(6) If, in any accounting period of the licence holder, the licence holder or any connected person derives, in relation to any programme to be included in the licensed service, any financial benefit (whether direct or indirect) from payments made by any person, by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the qualifying revenue for that accounting period shall be taken for the purposes of subsection (1)(c) to include the amount of the financial benefit so derived by the licence holder or the connected person, as the case may be.
(7) A national licence may include conditions—
(a) enabling OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of subsection (1)(c); and
(b) requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.
(8) Such a licence may in particular include conditions—
(a) authorising OFCOM to revise any estimate on one or more occasions, and to adjust the instalments payable by the licence holder to take account of the revised estimate;
(b) providing for the adjustment of any overpayment or underpayment.
(9) Where—
(a) the first complete accounting period of the licence holder falling within the period referred to in subsection (1)(a) (“the licence period”) does not begin at the same time as that period, or
(b) the last complete accounting period of his falling within the licence period does not end at the same time as that period,
any reference in subsection (1)(c) to an accounting period of his shall include a reference to such part of the accounting period preceding that first complete accounting period, or (as the case may be) following that last complete accounting period, as falls within the licence period; and other references to accounting periods in this Part shall be construed accordingly.
(10) In this Part “the appropriate percentage”, in relation to any year (“the relevant year”), means the percentage which corresponds to the percentage increase between—
(a) the retail prices index for the month of November in the year preceding the first complete calendar year falling within the period for which the licence in question is in force; and
(b) the retail prices index for the month of November in the year preceding the relevant year;
and for this purpose “the retail prices index” means the general index of prices (for all items) published by the Statistics Board.
103 Restriction on changes in control over holder of national licence.
(1) Where—
(a) any change in the persons having control over—
(i) a body to which a national licence has been awarded or transferred in accordance with this Part of this Act, or
(ii) an associated programme provider,
takes place within the relevant period, and
(b) that change takes place without having been previously approved for the purposes of this section by OFCOM,
then (subject to subsection (5)) OFCOM may, if the licence has not yet been granted, refuse to grant it to the body referred to in paragraph (a)(i) above or, if it has already been granted, serve on that body a notice revoking it.
(2) In subsection (1)—
“associated programme provider”, in relation to such a body as is mentioned in paragraph (a)(i) of that subsection, means any body which is connected with that body and is or is likely to be involved, to a substantial extent, in the provision of the programmes included in the licensed service; and
“the relevant period”, in relation to a national licence, means the period beginning with the date of the award of the licence and ending on the first anniversary of the date of its coming into force;
and paragraph 3 in Part I of Schedule 2 to this Act shall have effect for the purposes of this subsection as it has effect for the purposes of that Schedule.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) OFCOM may refuse to approve a change described in subsection (1)(a) if they consider it appropriate to do so.
(5) OFCOM shall not under subsection (1) refuse to grant a licence to, or serve a notice on, any body unless they have given it a reasonable opportunity of making representations to them about the matters complained of.
(6) Where under subsection (1) OFCOM refuse to grant a licence to any body, section 100 shall (subject to section 100(11)) have effect as if that body had not made an application for the licence; and, where under that subsection they serve on any body a notice revoking its licence, subsections (6) and (7) of section 111 shall apply in relation to that notice as they apply in relation to a notice served under subsection (3) of that section.
(1) A national licence may (subject to the following provisions of this section) be renewed under this section on one occasion for a period of twelve years beginning with the date of renewal.
(2) An application for the renewal of a national licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the day falling three months before the relevant date.
(3) Where any such application is made ...—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) ..., OFCOM may postpone the consideration of the application for so long as they think appropriate having regard to subsection (8).
(4) Where an application for the renewal of a national licence has been duly made to OFCOM , they shall (subject to subsection (5)) grant the application if, but only if—
(a) OFCOM are satisfied that the applicant would, if his licence were renewed, provide a national service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section),
(b) the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and
(c) a simulcast radio service provided by the applicant is being broadcast in digital form or OFCOM are satisfied that by the relevant date the applicant has done all that it would in the circumstances be reasonable to expect him to do by that date to procure the broadcasting of such a service within such time as OFCOM consider reasonable.
(5) Section 100(4) to (6) shall apply in relation to an applicant for the renewal of a national licence as those provisions apply in relation to such an applicant as is mentioned in section 100(4), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section.
(6) On the grant of any application under this section OFCOM —
(a) may, in a case where a simulcast radio service provided by the applicant is not yet being broadcast in digital form on the relevant date, determine a date by which the broadcasting of such a service in that form must begin;
(b) shall determine an amount which is to be payable to OFCOM by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and
(c) may specify a different percentage from that specified under section 98(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 102(1)(c) during the period for which the licence is to be renewed.
(7) The amount determined under subsection (6)(b) must be equal to the amount which, in OFCOM’s opinion, would have been the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 98.
(7A) For the purposes of subsection (6)(c)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.
(8) Where OFCOM have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable ..., as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of—
(a) any date determined by them under subsection (6)(a),
(b) the amount determined by them under subsection (6)(b), and
(c) any percentage specified by them under subsection (6)(c),
and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
(9) Where a national licence has been renewed under this section—
(a) any conditions included in it in pursuance of section 102 shall have effect during the period for which the licence has been renewed—
(i) as if the amount determined by OFCOM under subsection (6)(b) were an amount specified in a cash bid submitted by the licence holder, and
(ii) subject to any determination made under subsection (6)(c);
(b) (subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force; and
(c) where OFCOM have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10A) In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—
(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.
(11) In this section—
...
“the relevant date”, in relation to a national licence, means the date which OFCOM determine to be that by which they would need to publish a notice under section 98(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the national service formerly provided under that licence.
(12) A determination for the purposes of subsection (11)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
(1) A national licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (“the renewal period”) (subject to the following provisions of this section).
(2) Subsections (2) to (9), (11) and (12) of section 103A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 103A, subject to subsections (3) and (3A).
(3) Those provisions apply in relation to the renewal of a licence under this section as if the following were omitted—
(a) subsection (4)(b),
(b) in subsection (4)(c), the words from “or OFCOM” to the end,
(c) subsection (6)(a),
(d) subsection (8)(a), and
(e) subsection (9)(c).
(3A) Section 103A(12) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
(a) the renewal of the licence in question would be the third renewal under this section,
(b) OFCOM consider that the relevant date for the purposes of section 103A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
(c) the determination is made as soon as practicable after that day.
(4) Where OFCOM renew a licence under this section they must include in the licence as renewed a condition requiring the licence holder to do all that the licence holder can to secure the broadcasting of a simulcast radio service in digital form throughout the renewal period.
104 Applications for licences: local services and restricted services
(1) An application for a licence to provide a local service must—
(a) be made in such manner as OFCOM may determine, and
(b) be accompanied by such fee (if any) as OFCOM may determine.
(2) An application for a licence to provide a restricted service must—
(a) be made in such manner as OFCOM may determine, and
(b) be accompanied by such fee (if any) as OFCOM may determine.
(1) A local licence may (subject to the following provisions of this section) be renewed under this section on one occasion for a period of twelve years beginning with the date of renewal.
(1A) A local licence may be renewed under this section only if it is granted before the day on which section 104AA comes into force.
(2) No application for the renewal of a local licence under subsection (1) may be made before OFCOM first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service.
(3) Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the day falling three months before the relevant date.
(4) The applicant must, in his application or at any time before the consideration of his application, nominate—
(a) a local digital sound programme service provided or to be provided by him, and
(b) a relevant local radio multiplex service or a relevant small-scale radio multiplex service,
but may not nominate together a local digital sound programme service and a local radio multiplex service or a local digital sound programme service and a small-scale radio multiplex service if another local licence held by him includes a condition in pursuance of subsection (12) relating to the broadcasting of that local digital sound programme service by that local radio multiplex service or (as the case may be) that small-scale radio multiplex service.
(5) Where an application for the renewal of a local licence has been duly made to OFCOM, they shall grant the application if—
(a) they are satisfied that the applicant would, if his licence were renewed, provide a local service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), ...
(b) the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service.
(c) they are satisfied that the period for which the nominated local digital sound programme service will be available for reception and the times at which it will be available will not be significantly different, week by week, from those for which and at which the licensed local service will be broadcast;
(6) Where the condition specified in subsection (5)(a) is satisfied, OFCOM may grant the application even though the condition specified in subsection (5)(b) is not satisfied if—
(a) the applicant holds a licence to provide local digital sound programme services,
(b) a licence to provide the nominated local radio multiplex service or the nominated small-scale radio multiplex service has been awarded, and
(c) it appears to OFCOM that, under a contract between the applicant and the person to whom that licence has been awarded, the applicant is obliged to provide the nominated local digital sound programme service for broadcasting by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service.
(7) OFCOM may in any case postpone consideration of the application until the relevant date.
(8) If, at the relevant date, the condition specified in subsection (5)(b) is not satisfied, and any of the conditions specified in subsection (6) is not satisfied, OFCOM may postpone consideration of the application for such period not exceeding twelve months as they think appropriate.
(9) Where OFCOM postpone consideration of an application under this section for any period beyond the relevant date (the “postponement period”), they shall extend the period for which the licence is in force by a period equal to the postponement period; and section 86(3) shall not limit the powers of OFCOM under this subsection.
(10) On the grant of any application under this section OFCOM shall—
(a) where the nominated local digital sound programme service provided by the applicant is not being broadcast by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service, determine a date by which that service must have begun to be so broadcast; and
(b) specify a fee payable to OFCOM in respect of the renewal.
(11) Where OFCOM have granted a person’s application under this section they shall formally renew his licence as soon afterwards as is reasonably practicable; and they shall not so renew his licence unless they have notified him of—
(a) any date determined by them under subsection (10)(a), and
(b) the renewal fee specified by them under subsection (10)(b),
and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.
(12) Where OFCOM renew a licence under this section they shall include in the licence as renewed a condition requiring the licence holder to do all that he can to ensure that the nominated local digital sound programme service is broadcast by means of the nominated local radio multiplex service or the nominated small-scale radio multiplex service throughout the period beginning with whichever is the later of—
(a) the date on which the licence would expire if not renewed, and
(b) any date determined by them under subsection (10)(a),
and ending with the date on which the licence (as renewed) is to expire.
(12A) In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—
(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.
(13) In this section—
(a) “local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996;
(b) “nominated” means nominated by the applicant under subsection (4);
(c) “relevant date”, in relation to a local licence, means the date which OFCOM determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; ...
(d) “relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose the coverage area for a local service or local radio multiplex 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 paragraph; and
(e) “relevant small-scale radio multiplex service”, in relation to a local licence, means a small-scale radio multiplex service (within the meaning of section 258A of the Communications Act 2003) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose the coverage area for a local service or small-scale radio multiplex 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 paragraph.
(14) A determination for the purposes of subsection (13)(c)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
(1) A local licence may be renewed under this section on three occasions for a period of not more than 7 years (on the first occasion), 5 years (on the second occasion) or 10 years (on the third occasion) beginning with the date of renewal (subject to the following provisions of this section and section 104AB).
(2) A local licence may be renewed under this section only if—
(a) it has been renewed under section 104A, or
(b) it is granted on or after the day on which this section comes into force ....
(3) Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to subsections (4) to (5).
(4) Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.
(4ZA) Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—
(a) the condition in section 104A(5)(a) is met,
(b) the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and
(c) the alternative condition in subsection (4ZB) below is met instead.
(4ZB) The alternative condition is met if—
(a) in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—
(i) a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and
(ii) a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and
(b) OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).
(4ZC) Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—
(a) a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and
(b) a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.
(4A) Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—
(a) the renewal of the licence in question would be the third renewal under this section,
(b) OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and
(c) the determination is made as soon as practicable after that day.
(5) In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—
(a) subsections (4) and (13)(b) were omitted,
(b) references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, ...
(c) references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB , and
(d) references to the nominated small-scale radio multiplex service were omitted.
(6) In this section and sections 104AB and 104AC—
“approved licence” means a local licence approved by OFCOM for the purposes of this section;
“local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.
“small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.
(7) Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—
(a) the licence proposed to be approved, and
(b) a period in which representations may be made to OFCOM.
104AB Renewal under section 104AA: nomination of national services
(1) For the purposes of section 104AA, a “national nomination” by an applicant for the renewal of an approved licence is the nomination of—
(a) a national digital sound programme service provided or to be provided by the applicant, and
(b) a national radio multiplex service.
(2) A national nomination must be made in the application for the renewal of the approved licence or before OFCOM consider the application.
(3) The applicant may not nominate a national digital sound programme service unless OFCOM are satisfied that, if the application in question were granted, the programmes included in that service in each calendar month would include at least 80% of the programmes included in the service provided under the approved licence.
(4) A national nomination must specify the other approved licences (if any) in relation to which, in reliance on the nomination, an application may be made under section 104AC.
104AC Variation of conditions relating to digital services
(1) This section applies where—
(a) a licence that is an approved licence has been renewed under section 104A and includes a local digital services condition,
(b) an application has been made under section 104AA for the renewal of another approved licence and the applicant has made a national nomination under section 104AB, and
(c) the nomination specifies the licence mentioned in paragraph (a) in accordance with section 104AB(4).
(2) OFCOM may, if the requirements of subsections (3) and (4) are met, vary the licence mentioned in subsection (1)(a) by—
(a) removing the local digital services condition, and
(b) adding a national digital services condition.
(3) OFCOM must have received an application for the variation from the licence holder.
(4) OFCOM must be satisfied that, if they varied the licence, the programmes included in the nominated national digital sound programme service in each calendar month would include at least 80% of the programmes included in the service provided under that licence.
(5) In this section—
“local digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that a local digital sound programme service is broadcast by means of a local radio multiplex service;
“national digital services condition” means a condition requiring the licence holder to do all that the licence holder can to ensure that the nominated national digital sound programme service is broadcast by means of the nominated national radio multiplex service until the day on which the licence (as renewed under section 104A) is to expire;
“nominated” means nominated in the nomination referred to in subsection (1)(b).
105A Variation of licence period following renewal
(1) This section applies if the Secretary of State—
(a) has not nominated a date for digital switchover under section 97A for one or more relevant renewed services, or
(b) has withdrawn the nomination of such a date and has not nominated another such date under that section.
(2) The Secretary of State may give notice to OFCOM fixing a date (the “termination date”) in relation to that service or such of those services as are specified or described in the notice.
(3) The Secretary of State may fix different dates for different services but may not fix a date falling before 31 December 2015.
(4) If the period for which a licence to provide a relevant renewed service is to continue in force ends after the termination date fixed for the service, OFCOM must by notice vary the licence so that the period ends on or before that date, subject to subsection (5).
(5) OFCOM may not reduce the period so that it ends on a day falling less than 2 years after the date on which they issue the notice, unless the licence holder consents to such a reduction.
(6) If the period for which a licence to provide a relevant renewed service is to continue in force ends on or before the termination date fixed for the service, OFCOM may not vary the licence so that the period ends after that date.
(7) “Relevant renewed service” means a national service provided under a licence that has been renewed under section 103B or a local service provided under a licence that has been renewed under section 104AA.
106 Requirements as to character and coverage of national and local services.
(1) A national ... licence shall include such conditions as appear to OFCOM to be appropriate for securing that the character of the licensed service, as proposed by the licence holder when making his application, is maintained during the period for which the licence is in force....
(1A) Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied—
(a) that the departure would not substantially alter the character of the service;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A national or local licence shall include conditions requiring the licence holder to secure that the licensed service serves so much of the area or locality for which it is licensed to be provided as is for the time being reasonably practicable.
(3) A national licence shall include conditions enabling OFCOM, where it appears to them to be reasonably practicable for the licensed service to be provided for any additional area falling outside the minimum area determined by them in accordance with section 98(2), to require the licence holder to provide the licensed service for any such additional area.
(4) Subject to subsection (5), OFCOM may, if they think fit, authorise the holder of a local licence, by means of a variation of his licence to that effect, to provide the licensed service for any additional area or locality adjoining the area or locality for which that service has previously been licensed to be provided.
(5) OFCOM shall only exercise the power conferred on them by subsection (4) if it appears to them—
(a) that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or
(b) that the increase that would result is justifiable in the exceptional circumstances of the case.
(6) As soon as practicable after OFCOM have exercised that power in relation to any service, they shall publish, in such manner as they consider appropriate, a notice—
(a) stating that they have exercised that power in relation to that service; and
(b) giving details of the additional area or locality for which that service is licensed to be provided.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .