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 IV Additional Services Provided on Sound Broadcasting Frequencies

116C1 Applications for additional services licences.

1

Where F1OFCOM propose to grant a licence to provide additional services they shall publish, in such manner as they consider appropriate, a notice—

a

stating that they propose to grant such a licence;

b

specifying—

i

the period for which the licence is to be granted,

ii

the sound broadcasting service or services on whose frequency or frequencies the services are to be provided, and

iii

F2... the extent and nature of the spare capacity which is to be allocated by the licence;

c

inviting applications for the licence and specifying the closing date for such applications; and

d

specifying—

i

the fee payable on any application made in pursuance of the notice, and

ii

the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 118(1)(c) if he were granted the licence.

2

F1OFCOM may, if they think fit, specify under subsection (1)(d)(ii)—

a

different percentages in relation to different accounting periods falling within the period for which the licence would be in force;

b

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

3

Any application made in pursuance of a notice under this section must be in writing and accompanied by—

a

the fee specified in the notice under subsection (1)(d)(i);

b

a technical plan indicating—

i

the nature of any additional services which the applicant proposes to provide, and

ii

so far as known to the applicant, the nature of any additional services which any other person proposes to provide in accordance with section 115(3);

c

the applicant’s cash bid in respect of the licence; and

d

such information as F1OFCOM 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.

4

At any time after receiving such an application and before determining it F1OFCOM may require the applicant to furnish additional information under subsection (3)(b) or (d).

5

Any information to be furnished to F1OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

6

F1OFCOM shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—

a

the name of every person who has made an application to them in pursuance of the notice;

b

particulars of the technical plan submitted by him under subsection (3)(b); and

c

such other information connected with his application as F1OFCOM consider appropriate.