Miscellaneous provisions relating to national and local servicesU.K.
[F1105AVariation of licence period following renewalU.K.
(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(b)has withdrawn the nomination of such a date and has not nominated another such date under that section.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.]
Textual Amendments
106 Requirements as to character and coverage of national and local services.U.K.
(1)A national F2... licence shall include such conditions as appear to [F3OFCOM] 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 forceF4....
[F5(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;
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(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 [F3OFCOM], 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), [F3OFCOM] 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.
[F8(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 [F9OFCOM] 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.
F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words in s. 106(1) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(a), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))
F3Words in s. 106(1)-(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 49 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4Words in s. 106(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 312(2), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5S. 106(1A)(1B) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 312(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F6S. 106(1A)(b)-(e) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(b), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))
F7S. 106(1B) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(c), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))
F8S. 106(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 312(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F9Words in s. 106(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 49 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F10S. 106(7) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(2)(d), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))
Modifications etc. (not altering text)
C1Pt. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F11106ZAConsultation about change of character of local servicesU.K.
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Textual Amendments
F11S. 106ZA omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 43(3), 55(3)(e); S.I. 2024/1033, reg. 3(c) (with reg. 5(1))
F12106A Variation of local licence following change of control.U.K.
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Textual Amendments
F12Ss. 106A-108 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F12107 Party political broadcasts.U.K.
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Textual Amendments
F12Ss. 106A-108 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F12108 Promotion of equal opportunities in relation to employment by holder of national licence.U.K.
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Textual Amendments
F12Ss. 106A-108 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)