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(4) In paragraph (b) of that subsection, after “maintain that service” there shall | |
be inserted “and any proposed simulcast radio service corresponding to that | |
service”. | |
Award of national licences | |
41 In section 100 of the 1990 Act (award of national licences to person | 5 |
submitting highest cash bid), for “the Authority” and “The Authority”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
Failure to begin providing licensed service | |
42 (1) Section 101 of the 1990 Act (failure to begin providing licensed service) shall | |
be amended as follows. | 10 |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1)— | |
(a) in paragraph (a) for “the service in question” there shall be | |
substituted “the licensed national service or that he does not intend | 15 |
to provide a corresponding simulcast radio service that he is | |
required to provide by a condition imposed under section 100A”; | |
and | |
(b) in paragraph (b), for “that service” there shall be substituted “the | |
licensed national service or any such simulcast radio service”. | 20 |
(4) In subsection (2), for “the service in question” there shall be substituted “the | |
licensed national service or the simulcast radio service”. | |
Additional payments in respect of national licences | |
43 In section 102 of the 1990 Act (additional payments in respect of national | |
licences), for “the Authority”, wherever occurring, there shall be substituted | 25 |
“OFCOM”. | |
Restrictions affecting change in control of holder of national licence | |
44 (1) Section 103 of the 1990 Act (restrictions on change of control of national | |
licence) shall be amended as follows. | |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | 30 |
substituted “OFCOM”. | |
(3) In subsection (2) (interpretation), for the words from “as if” onwards there | |
shall be substituted “as it has effect for the purposes of that Schedule.” | |
Renewal of national licences | |
45 (1) Section 103A of the 1990 Act (renewal of national licences) shall be amended | 35 |
as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1), for “eight” there shall be substituted “twelve”. | |
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(4) In subsection (2), after “not later than” there shall be inserted “the day falling | |
three months before”. | |
(5) In subsection (3), paragraph (a) and in paragraph (b) the words “in any other | |
case” shall cease to have effect. | |
(6) In subsection (4), for paragraph (b) there shall be substituted— | 5 |
“(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”. | |
(7) For subsection (7) there shall be substituted— | 10 |
“(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. | 15 |
(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.” | 20 |
(8) After subsection (10) there shall be inserted— | |
“(10A) In the case of a pre-transfer national licence (including one for a | |
period extended under section 248 of the Communications Act | |
2003)— | |
(a) the licence is not to be capable of being renewed under this | 25 |
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 | 30 |
by OFCOM under this Part after the radio transfer date.” | |
(9) After subsection (11) there shall be inserted— | |
“(12) A determination for the purposes of subsection (11)— | |
(a) must be made at least one year before the date determined; | |
and | 35 |
(b) must be notified by OFCOM to the person who holds the | |
licence in question.” | |
Applications for local licences | |
46 (1) Section 104 of the 1990 Act (application for local licences) shall be amended | |
as follows. | 40 |
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
(3) In subsection (6), for the words from the beginning to “shall be made” there | |
shall be substituted “An application for a licence to provide a restricted | |
service shall be made”. | 45 |
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Renewal of local licences | |
47 (1) Section 104A of the 1990 Act (renewal of local 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), for “eight” there shall be substituted “twelve”. | |
(4) In subsection (3), after “not later than” there shall be inserted “the day falling | |
three months before”. | |
(5) After subsection (12) there shall be inserted— | |
“(12A) In the case of a pre-transfer local licence (including one for a period | 10 |
extended under section 248 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 | 15 |
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.” | |
(6) In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall | |
be substituted “paragraph 8(2) of Schedule 14 to the Communications Act | 20 |
2003”. | |
(7) After subsection (13) there shall be inserted— | |
“(14) A determination for the purposes of subsection (13)(c)— | |
(a) must be made at least one year before the date determined; | |
and | 25 |
(b) must be notified by OFCOM to the person who holds the | |
licence in question.” | |
Special procedure for applications for local licences | |
48 (1) Section 104B of the 1990 Act (special procedure for applications for local | |
licences) shall be amended as follows. | 30 |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) After subsection (1) there shall be inserted— | |
“(1A) In subsection (1)(c) the reference to the service in question, in relation | |
to a case in which it is a pre-transfer local licence that is due to expire, | 35 |
is a reference to the equivalent local service for which a licence is | |
capable of being granted at times on or after the radio transfer date.” | |
Special requirements relating to grant of local licences | |
49 (1) Section 105 of the 1990 Act (special requirements relating to grant of local | |
licences) shall be amended as follows. | 40 |
(2) For “the Authority” there shall be substituted “OFCOM”. | |
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(3) For paragraph (d) (duty to have regard to the extent to which proposed | |
service supported by persons living in the area) there shall be substituted— | |
“(d) 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.” | 5 |
Requirements as to character and coverage of services | |
50 In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements | |
as to character and coverage of services), for “the Authority”, wherever | |
occurring, there shall be substituted “OFCOM”. | |
Enforcement of licences | 10 |
51 In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the | |
Authority” and “The Authority”, wherever occurring, there shall be | |
substituted “OFCOM”. | |
Power to suspend licences to provide radio licensable content services from a satellite | |
52 (1) Section 111B of the 1990 Act (power to suspend licence to provide satellite | 15 |
service) shall be amended as follows. | |
(2) For “the Authority”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
(3) In subsection (1)— | |
(a) in paragraph (a), for “satellite service” there shall be substituted | 20 |
“radio licensable content service”; | |
(b) in paragraph (b), for the words from “included in the licence” to the | |
end of the paragraph there shall be substituted “which in compliance | |
with section 256 of the Communications Act 2003 is included in the | |
licence for the purpose of securing the objective mentioned in section | 25 |
309(2)(b) of that Act, and”. | |
Additional radio services | |
53 (1) Section 114 of the 1990 Act (additional radio services) shall be amended as | |
follows. | |
(2) In subsection (1)— | 30 |
(a) for “telecommunication” there shall be substituted “electronic”; and | |
(b) for paragraphs (a) and (b) there shall be substituted “on a relevant | |
frequency”. | |
(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted “any | |
part of the signals which— | 35 |
(a) is not required for the purposes of the sound broadcasting | |
service for the purposes of which the frequency has been | |
made available; and | |
(b) is determined by OFCOM to be available for the provision of | |
additional services;”. | 40 |
(4) After that subsection there shall be inserted— | |
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