Broadcasting Act 1996

49 Duty of Authority to reserve digital capacity for certain purposes of BBC. U.K.

(1) In exercising their powers to grant local radio multiplex licences, [F1 OFCOM] shall reserve to the BBC such digital capacity as [F1 OFCOM] consider appropriate in all the circumstances with a view to enabling every BBC local radio service and every BBC radio service for Wales, Scotland or Northern Ireland to be received in digital form within a coverage area which, so far as reasonably practicable, corresponds with the coverage area for that service as provided otherwise than in digital form.

(2) The circumstances to which [F1 OFCOM] may have regard in performing their duty under subsection (1) include the likely demand for digital capacity by persons providing or proposing to provide local digital sound programme services.

(3) Where [F1 OFCOM] propose to grant a licence to provide a local radio multiplex service, they shall notify the BBC of [F1 OFCOM] ’s proposals for reserving to the BBC digital capacity on the frequency in respect of which the licence is to be granted in respect of the area or locality in which it is to be granted.

(4) [F2 If the BBC do not give their consent to the proposals within such period as OFCOM may specify in their notice under subsection (3), OFCOM shall] determine—

(a) whether any digital capacity is to be reserved to the BBC on the grant of the licence, and

(b) if so, the amount of that capacity.

(5) Before making any determination under subsection (4), [F3 OFCOM shall give the BBC an opportunity of making representations to them about their proposals.]

(6) Where a local radio multiplex licence is granted in respect of a frequency and area or locality in respect of which digital capacity is reserved in pursuance of this section, the licence shall include such conditions as appear to [F4 OFCOM] to be appropriate for the purpose of securing that, in consideration of the making by the BBC of such payments as are from time to time agreed between the holder of the licence and the BBC [F5 or (in default of agreement) determined under this section] , the holder of the licence uses such digital capacity as may from time to time be requested by the BBC (not exceeding the amount so reserved) for the broadcasting of services provided by the BBC.

[F6 (7) Where the holder of the licence and the BBC fail to agree—

(a) the payments to be made under a condition included in the licence in accordance with subsection (6), or

(b) the other terms that are to apply in relation to the use of digital capacity in accordance with such a condition,

either of them may refer the matter to OFCOM for determination.

(8) Before making a determination under subsection (7), OFCOM must give the licence holder and the BBC an opportunity of making representations to them about the matter.

(9) In making any determination under subsection (7), OFCOM shall have regard to—

(a) the expenses incurred, or likely to be incurred, by the licence holder in providing the local radio multiplex service in question, and

(b) the terms on which persons providing local radio multiplex services contract with persons providing [F7 television licensable content services or] local digital additional services for the broadcasting of those services.]

Textual Amendments

F1 Words in s. 49(1)-(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 108(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 49(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 108(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in s. 49(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 108(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in s. 49(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 108(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 49(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 108(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 S. 49(7)-(9) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 108(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F7 Words in s. 49(9)(b) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(5)

Modifications etc. (not altering text)

C1 Pt. 2: 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)

C2 Pt. 2 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 258, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3 S. 49(4): transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 12 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)