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broadcasting of the simulcast radio service in the licence for the | |
national service provided by that broadcaster.” | |
(3) In subsections (4) to (6), for “the Authority”, wherever occurring, there shall | |
be substituted “OFCOM”. | |
(4) In subsection (4), for “subsection (3)(a)” there shall be substituted | 5 |
“subsection (1C)”. | |
(5) After subsection (6) there shall be inserted— | |
“(7) In this section ‘the multiplex frequencies’ means the frequencies | |
made available for the purposes of licensed national radio multiplex | |
services.” | 10 |
Reservation of digital capacity for BBC | |
108 (1) Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be | |
amended as follows. | |
(2) In subsections (1) to (3) and (6), for “the Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | 15 |
(3) In subsection (4) (determination of capacity to be reserved), for the words | |
from “If the BBC” to “the Secretary of State, who may” there shall be | |
substituted “If the BBC do not give their consent to the proposals within | |
such period as OFCOM may specify in their notice under subsection (3), | |
OFCOM shall”. | 20 |
(4) In subsection (5), for words from “the Secretary of State” onwards there shall | |
be substituted “OFCOM shall give the BBC an opportunity of making | |
representations to them about their proposals.” | |
(5) In subsection (6), after “and the BBC” there shall be inserted “or (in default | |
of agreement) determined under this section”. | 25 |
(6) After that subsection there shall be inserted— | |
“(7) Where the holder of the licence and the BBC fail to agree— | |
(a) the payments to be made under a condition included in the | |
licence in accordance with subsection (6), or | |
(b) the other terms that are to apply in relation to the use of | 30 |
digital capacity in accordance with such a condition, | |
either of them may refer the matter to OFCOM for determination. | |
(8) Before making a determination under subsection (7), OFCOM must | |
give the licence holder and the BBC an opportunity of making | |
representations to them about the matter. | 35 |
(9) In making any determination under subsection (7), OFCOM shall | |
have regard to— | |
(a) the expenses incurred, or likely to be incurred, by the licence | |
holder in providing the local radio multiplex service in | |
question, and | 40 |
(b) the terms on which persons providing local radio multiplex | |
services contract with persons providing local digital | |
additional services for the broadcasting of those services.” | |
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Local radio multiplex licences | |
109 (1) Section 50 of the 1996 Act (local radio multiplex licences) shall be amended | |
as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | 5 |
(3) In subsection (1)(b), for “the Secretary of State has” there shall be substituted | |
“OFCOM have”. | |
(4) In subsection (2)(d), for “direction under section 49” substitute | |
“determination under section 49(4)”. | |
Award of local multiplex licences | 10 |
110 (1) Section 51 of the 1996 Act (award of local multiplex licences) shall be | |
amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (2), for paragraph (f) there shall be substituted— | 15 |
“(f) the extent to which there is evidence that, amongst persons | |
living in that area or locality, there is a demand for, or | |
support for, the provision of the proposed service; and”. | |
Power to require two or more local radio multiplex licences to be granted to one person | |
111 In section 52 of the 1996 Act (power to require two or more local radio | 20 |
multiplex licences to be granted to one person), for “The Authority” and “the | |
Authority” there shall be substituted “OFCOM”. | |
Failure to begin to provide licensed service | |
112 In section 53 of the 1996 Act (failure to provide licensed service), for “the | |
Authority”, wherever occurring, there shall be substituted “OFCOM”. | 25 |
Conditions which may be attached to radio multiplex licences | |
113 In section 54 of the 1996 Act (conditions which may be attached to a radio | |
multiplex licence), For “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Additional payments to be made in respect of national radio multiplex licences | 30 |
114 In section 55 of the 1996 Act (additional payments to be made in respect of | |
national radio multiplex licences) for “the Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
Multiplex revenue | |
115 In subsections (7) and (8) of section 56 of the 1996 Act (computation of | 35 |
multiplex revenue), for “the Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
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Attribution of radio multiplex revenue | |
116 In section 57 of the 1996 Act (attribution of radio multiplex revenue), for “the | |
Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Duration and renewal of radio multiplex licences | |
117 (1) Section 58 of the 1996 Act (duration and renewal of radio multiplex licences) | 5 |
shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) Subsection (5) (consent of the Secretary of State for exercise of certain powers | |
in connection with renewal) shall cease to have effect. | 10 |
Enforcement of radio multiplex licences | |
118 In section 59 of the 1996 Act (enforcement of radio multiplex licences), for | |
“the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Digital sound programme licensing | 15 |
119 (1) Section 60 of the 1996 Act (digital sound programme licensing) shall be | |
amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) After subsection (6), there shall be inserted— | 20 |
“(6A) Section 89 of the 1990 Act (disqualification from being licence holder | |
or concerned with the provision of a programme service if convicted | |
of a transmitting offence) shall apply in relation to a licence under | |
this section as it applies to a licence under Part 3 of that Act, but with | |
the omission of paragraph (b) of subsection (3) of that section and of | 25 |
the word ‘or’ immediately before that paragraph.” | |
(4) Sub-paragraph (3) does not impose a disqualification in respect of any | |
offence committed before the commencement of that sub-paragraph. | |
Conditions of digital sound programme licences | |
120 (1) Section 61 of the 1996 Act (conditions of licences for digital sound | 30 |
programme services) shall be amended as follows. | |
(2) In subsection (2)— | |
(a) for “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a radio multiplex | 35 |
licence”, there shall be substituted, in each case, “the provider of a | |
radio multiplex service, of a television multiplex service or of a | |
general multiplex service”; | |
(c) in paragraph (a) for “by means of a radio multiplex service” there | |
shall be substituted “by means of the multiplex service”; and | 40 |
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(d) in paragraph (a)(i) for “radio multiplex service” there shall be | |
substituted “multiplex service”. | |
Enforcement of digital sound programme licences | |
121 (1) Section 62 of the 1996 Act (enforcement of digital sound programme | |
licences) shall be amended as follows. | 5 |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (10) for “apology” there shall be substituted “statement of | |
findings”. | |
Digital additional sound services | 10 |
122 In section 64 of the 1996 Act (licensing of digital additional sound services), | |
for “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
Conditions of digital additional sound service | |
123 (1) Section 65 of the 1996 Act (conditions of licences for digital additional sound | 15 |
services) shall be amended as follows. | |
(2) In subsection (2)— | |
(a) for “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”; | |
(b) in paragraphs (a) and (c), for “the holder of a radio multiplex | 20 |
licence”, there shall be substituted, in each case, “the provider of a | |
radio multiplex service or of a general multiplex service”; | |
(c) in paragraph (a) for “by means of a radio multiplex service” there | |
shall be substituted “by means of the multiplex service”; and | |
(d) in paragraph (a)(i) for “radio multiplex service” there shall be | 25 |
substituted “multiplex service”. | |
Enforcement of digital additional sound services licences | |
124 (1) Section 66 of the 1996 Act (enforcement of digital additional services | |
licences) shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | 30 |
substituted “OFCOM”. | |
(3) In subsection (10) for “apology” there shall be substituted “statement of | |
findings”. | |
Review of digital radio broadcasting | |
125 In section 67 of the 1996 Act (review of digital radio broadcasting), for “the | 35 |
Authority”, wherever occurring, there shall be substituted “OFCOM”. | |
Interpretation | |
126 In section 72(1) of the 1996 Act (interpretation), for the definition of “radio | |
multiplex service” there shall be substituted— | |
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