C1Part III Independent Radio Services
C1Chapter II Sound Broadcasting Services
National services
98C1 Applications for national licences.
1
Where F9OFCOM propose to grant a licence to provide a national 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—
i
the period for which the licence is to be granted,
ii
the minimum area of the United Kingdom for which the service is to be provided,
F2iia
the digital capacity that is likely, in their opinion, to be available from the holders of national radio multiplex licences for the broadcasting of a simulcast radio service corresponding to the service;
iii
if the service is to be one falling within section 85(2)(a)(i) or (ii), that the service is to be such a service, and
iv
if there is any existing licensed national service, that the service is to be one which caters for tastes and interests different from those already catered for by any such service (as described in the notice);
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 102(1)(c) if he were granted the licence.
2
In determining the minimum area of the United Kingdom for which a national service is to be provided F9OFCOM shall have regard to the following considerations, namely—
a
that the service in question should, so far as is reasonably practicable, make the most effective use of the frequency or frequencies on which it is to be provided; but
b
that the area for which it is to be provided should not be so extensive that the costs of providing it would be likely to affect the ability of the person providing the service to maintain it.
3
Any application made in pursuance of a notice under this section must be in writing and accompanied by—
a
the applicant’s proposals for providing a service that would F4...—
i
comply with any requirement specified in the notice under subsection (1)(b)(iii) or (iv), F3...
F3ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5aa
the applicant’s proposals (if any) for providing a simulcast radio service corresponding to the service;
b
the fee specified in the notice under subsection (1)(d)(i);
c
the applicant’s proposals for training or retraining persons employed or to be employed by him in order to help fit them for employment in, or in connection with, the making of programmes to be included in his proposed service;
d
the applicant’s cash bid in respect of the licence;
e
such information as F9OFCOM may reasonably require—
i
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
ii
as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service; and
f
such other information as F9OFCOM may reasonably require for the purpose of considering the application.
F13A
For the purposes of subsection (1)(d)(ii)—
a
different percentages may be specified for different accounting periods; and
b
the percentages that may be specified for an accounting period include a nil percentage.
4
5
Any information to be furnished to F9OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.
6
F9OFCOM 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
the proposals submitted by him under subsection (3)(a) F7 and (aa); and
c
such other information connected with his application as F9OFCOM consider appropriate.
7
In this section
F8“national radio multiplex licence” has the same meaning as in Part 2 of the Broadcasting Act 1996; and
“programme” does not include an advertisement.
8
In this Part “cash bid”, in relation to a licence, means an offer to pay to F9OFCOM a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).
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)