Broadcasting Act 1996

53 Failure to begin providing licensed service and financial penalties on revocation of licence. U.K.

(1) Subject to subsection (2), subsection (3) applies where at any time after a radio multiplex licence has been granted to any person but before the licence has come into force—

(a) that person indicates to [F1 OFCOM] that he does not intend to provide the service in question, or

(b) [F1 OFCOM] for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force.

(2) Subsection (3) shall not apply in the case of any person by virtue of paragraph (b) of subsection (1) unless [F1 OFCOM] have served on him a notice stating their grounds for believing that he will not provide the service in question 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 this subsection applies—

(a) [F1 OFCOM] shall serve on the person to whom the licence has been granted a notice revoking the licence as from the time the notice is served on him, and

(b) section 47 or 51 shall (subject to subsection (4)) have effect as if he had not made an application for the licence.

(4) Section 47 or 51 shall not have effect as mentioned in subsection (3) if [F1 OFCOM] decide that it would be desirable to publish a fresh notice under section 46(1) or 50(2) in respect of the grant of the licence.

(5) Where [F1 OFCOM] revoke a radio multiplex 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 not exceeding—

(a) in the case of a local radio multiplex licence, [F2 £250,000] , or

(b) in the case of a national radio multiplex licence, whichever is the greater of—

(i) [F2 £250,000] , or

(ii) the prescribed amount.

(6) In subsection (5)(b)(ii) “the prescribed amount” means—

(a) where—

(i) the licence is revoked under this section, or

(ii) the first complete accounting period of the licence holder falling within the period for which the licence is in force has not yet ended,

7 per cent. of the amount which [F1 OFCOM] estimate would have been the multiplex revenue for that accounting period (as determined in accordance with section 56), and

(b) in any other case, 7 per cent. of the multiplex revenue for the last complete accounting period of the licence holder so falling (as so determined).

(7) Any financial penalty payable by any body by virtue of subsection (5) shall, in addition to being recoverable from that body as provided by section 71(4), be recoverable by [F1 OFCOM] as a debt due to them from any person who controls that body.

Textual Amendments

F1 Words in s. 53 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 112 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 53(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 13 para. 17 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)