C1Part III Independent Radio Services

Annotations:
Modifications etc. (not altering text)
C1

Pt. III: 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)

C1Chapter I Regulation by Authority of Independent Radio Services Generally

Function of Authority

F184 Regulation by Authority of independent radio services.

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85 Licensing functions of Authority.

1

Subject to subsection (2), F4OFCOM may, in accordance with the following provisions of this Part, grant F5 licences to provide relevant independent radio services.

2

F4OFCOM shall do all that they can to secure the provision within the United Kingdom of—

a

a diversity of national services each catering for tastes and interests different from those catered for by the others and of which—

i

one is a service the greater part of which consists in the broadcasting of spoken material, and

ii

another is a service which consists, wholly or mainly, in the broadcasting of music which, in the opinion of F4OFCOM, is not pop music; and

b

a range and diversity of local services.

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F34

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5

The Secretary of State may by order make such amendments of subsection (2)(a) as he considers appropriate—

a

for including in that provision a requirement that one of the national services there referred to should be a service of a particular description, or

b

for removing such a requirement from that provision;

and (without prejudice to the generality of section 200(2)(b)) any such order may make such consequential amendments of section 98(1)(b)(iii) as the Secretary of State considers appropriate.

6

In subsection (2)(a)(ii) “pop music” includes rock music and other kinds of modern popular music which are characterised by a strong rhythmic element and a reliance on electronic amplification for their performance (whether or not, in the case of any particular piece of rock or other such music, the music in question enjoys a current popularity as measured by the number of recordings sold).

7

An order shall not be made under subsection (5) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

F28

In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003—

a

sound broadcasting services;

b

radio licensable content services;

c

additional radio services.