Part III Independent Radio Services
Chapter II Sound Broadcasting Services
Miscellaneous provisions relating to national and local services
106 Requirements as to character and coverage of national and local services.
(1)
F4(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;
F5(b)
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F5(c)
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F5(d)
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F5(e)
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F6(1B)
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(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 F2OFCOM, 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), F2OFCOM 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.
F7(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 F8OFCOM 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.
F9(7)
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