Broadcasting Act 1990

86 Licences under Part III. U.K.

(1) A licence shall be in writing and (subject to the provisions of this Part) shall continue in force [F1 (subject to a suspension of the licence under section 111B)—

(a) in the case of a licence to provide radio licensable content services, until such time as it is surrendered or is revoked in accordance with any of the following provisions of this Part; and

(b) in any other case, until whichever is the earlier of any such time or the end of the period specified in the licence.]

(2) A licence may be granted by [F2 OFCOM] for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified; and (without prejudice to the generality of the preceding provision) a licence may be so granted for the provision of a service which to any extent consists in the simultaneous broadcasting of different programmes on different frequencies.

[F3 (3) A licence to provide a local or national service or to provide an additional service must specify a period of no more than twelve years as the period for which it is to be in force.]

(4) [F2 OFCOM] —

(a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

(b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 88(1) or (2)(b) or (c) or 89(1).

[F4 (4A) Where [F2 OFCOM] are not satisfied that a BBC company which has applied for a licence is a fit and proper person to hold it, they shall, before refusing the application, notify the Secretary of State that they are not so satisfied.]

(5) [F2 OFCOM] may vary a licence by a notice served on the licence holder if—

(a) in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

(b) in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to [F2 OFCOM] about the variation.

(6) Paragraph (a) of subsection (5) does not affect the operation of [F5 section 97B [F6 , 105A] or 110(1)(b)]; and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 102(1) or section 118(1).

(7) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of [F2 OFCOM] .

(8) Without prejudice to the generality of subsection (7), [F2 OFCOM] shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

[F7 (9) The holding of a licence by a person shall not relieve him of—

(a) any liability in respect of a failure to hold [F8 a licence under section 8 of the Wireless Telegraphy Act 2006]; or

(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).]

Textual Amendments

F1 Words in s. 86(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 252(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 86 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 33(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 S. 86(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 252(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 S. 86(4A) inserted (24.7.1996) by 1996 c. 55, s. 136, 149(1)(f), Sch. 8 para. 5 (with s. 43(1)(6))

F5 Words in s. 86(6) substituted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 30(1), 47(2)(b)

F6 Words in s. 86(6) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 33(1), 47(1)

F7 S. 86(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 33(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F8 Words in s. 86(9)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 11

Modifications etc. (not altering text)

C1 Pt. 3: 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)