Broadcasting Act 1996

46 National radio multiplex licences. U.K.

(1) Where [F1 OFCOM] propose to grant a licence to provide a national radio multiplex 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 the frequency on which the service is to be provided,

(c) specifying, in such manner as [F1 OFCOM] consider appropriate, the area of the United Kingdom in which the frequency is to be available,

(d) where digital capacity on the frequency is reserved in pursuance of [F2 a condition] under section 48 for the broadcasting of a simulcast radio service, stating that fact and specifying the capacity reserved and the identity of the national service or services concerned,

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) inviting applications for the licence and specifying the closing date for such applications,

(g) specifying the fee payable on any application made in pursuance of the notice, and

(h) stating whether any percentage of multiplex revenue for each accounting period would be payable by an applicant in pursuance of section 55 if he were granted the licence and, if so, specifying that percentage.

(2) Unless an order under section 55(2) is in force—

(a) the consent of the Secretary of State shall be required for so much of the notice as relates to the matters specified in subsection (1)(h), and

(b) [F1 OFCOM] may if they think fit (with that consent) specify under subsection (1)(h)—

(i) different percentages in relation to different accounting periods falling within the period for which the licence would be in force, and

(ii) a nil percentage in relation to any accounting period so falling.

(3) When publishing a notice under subsection (1), [F1 OFCOM] —

(a) shall publish with the notice general guidance as to requirements to be met by proposals as to the matters referred to in subsection (4)(b)(i) and (ii) F4 ..., and

(b) may publish with the notice such other general guidance as they consider appropriate.

(4) Any application made in pursuance of a notice under subsection (1) must be in writing and accompanied by—

(a) the fee specified in the notice under subsection (1)(g),

(b) a technical plan relating to the service which the applicant proposes to provide and indicating—

(i) the parts of the area specified under subsection (1)(c) which would be within the coverage area of the service,

(ii) the timetable in accordance with which that coverage would be achieved, and

(iii) the technical means by which it would be achieved,

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) such information as the Authority may reasonably require 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

(h) such other information as [F1 OFCOM] may reasonably require for the purpose of considering the application.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) At any time after receiving such an application and before determining it, [F1 OFCOM] may require the applicant to furnish additional information under any of paragraphs (b) to (h) of subsection (4).

(7) Any information to be furnished to [F1 OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(8) [F1 OFCOM] shall, as soon as reasonably practicable after the date specified in a notice under subsection (1) as the closing date for applications, publish in such manner as they consider appropriate—

(a) the following matters, namely—

(i) the name of every person who has made an application to them in pursuance of the notice, [F7 and]

F8 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) such other information connected with his application as [F1 OFCOM] consider appropriate; and

(b) a notice—

(i) inviting representations to be made to them with respect to any of the applications, and

(ii) specifying the manner in which, and the time by which, any such representations are to be so made.

Textual Amendments

F1 Words in s. 46 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 105(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 46(1)(d) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 105(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 S. 46(1)(e) 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)

F4 Words in s. 46(3)(a) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(a), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F5 S. 46(4)(c)-(f) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(b), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F6 S. 46(5) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(c), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F7 Word in s. 46(8)(a)(i) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(2)(d)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F8 S. 46(8)(a)(ii) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(d)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))