Broadcasting Act 1996

51 Award of local radio multiplex licences.U.K.

(1)Where [F1OFCOM] have published a notice under section 50(2), they shall in determining whether, or to whom, to award the local radio multiplex licence in question, have regard (in relation to each applicant) to the matters specified in subsection (2).

(2)The matters referred to in subsection (1) are—

(a)the extent of the coverage area (within the area or locality specified in the notice under section 50(2)(c)) proposed to be achieved by the applicant as indicated in the technical plan submitted by him under section 50(4)(b),

(b)the [F2timetable] proposed by the applicant under section 50(4)(b)(ii) F3...,

(c)the ability of the applicant to establish the proposed service and to maintain it throughout the period for which the licence will be in force,

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(f)the extent to which there is evidence that, amongst persons [F7providing or proposing to provide community or local digital sound programme services in the area or locality for which the proposed service is to be provided,] there is a demand for, or support for, the provision of the proposed service; and]

(g)whether, in contracting or offering to contract with persons providing digital sound programme services [F8, television licensable content services] or digital additional services, the applicant has acted in a manner calculated to ensure fair and effective competition in the provision of those services.

(3)In considering the matters referred to in subsection (2), [F1OFCOM] shall take into account any representations made to them in pursuance of section 50(7)(b) with respect to those matters.

(4)Where [F1OFCOM] have awarded a local radio multiplex licence to any person in accordance with this section, they shall, as soon as reasonably practicable after awarding the licence—

(a)publish in such manner as they consider appropriate—

(i)the name of the person to whom the licence has been awarded, and

(ii)such other information as [F1OFCOM] consider appropriate, and

(b)grant the licence to that person.

Textual Amendments