Communications Act 2003

Character and coverage of radio services U.K.

312 Character and coverage of sound broadcasting services U.K.

(1) Section 106 of the 1990 Act (requirements as to character and coverage of local and national radio services) shall be amended as follows.

(2) In subsection (1), the words from “except” onwards shall be omitted.

(3) After subsection (1) (duty to ensure character preserved subject to departures that do not restrict service) there shall be inserted—

“(1A) Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied—

(a) that the departure would not substantially alter the character of the service;

(b) that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided;

(c) that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in that area or locality; or

(d) that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure.

(1B) The matters to which OFCOM must have regard in determining for the purposes of this section the character of a service provided under a local licence include, in particular, the selection of spoken material and music in programmes included in the service.”

(4) For subsection (5) (restriction on power to extend licence to new area or locality) there shall be substituted—

“(5) OFCOM shall only exercise the power conferred on them by subsection (4) if it appears to them—

(a) that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or

(b) that the increase that would result is justifiable in the exceptional circumstances of the case.”

(5) After subsection (6) of that section there shall be inserted—

“(7) In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003—

(a) sound broadcasting services;

(b) radio licensable content services;

(c) additional services;

but, in relation to a departure from the character of a service provided under a local licence, does not include a service that is provided otherwise than wholly or mainly for reception by persons living and working in the area or locality in question.”

Commencement Information

I1 S. 312 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

313 Consultation about change of character of local services U.K.

After section 106 of the 1990 Act there shall be inserted—

“106ZA Consultation about change of character of local services

(1) Before deciding for the purposes of a condition imposed under subsection (1A) of section 106 whether to consent to a departure from the character of a service provided under a local licence on any of the grounds mentioned in paragraphs (b) to (d) of that subsection, OFCOM must publish a notice specifying—

(a) the proposed departure; and

(b) the period in which representations may be made to OFCOM about the proposal.

(2) That period must end not less than 28 days after the date of publication of the notice.

(3) The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the departure.

(4) OFCOM—

(a) are not required to publish a notice under this section, and

(b) may specify a period of less than 28 days in such a notice as the period for representations,

if they consider that the publication of the notice, or allowing a longer period for representations, would result in a delay that would be likely prejudicially to affect the interests of the licence holder.

(5) OFCOM are not required under this section—

(a) to publish any matter that is confidential in accordance with subsection (6) or (7); or

(b) to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.

(6) A matter is confidential under this subsection if—

(a) it relates specifically to the affairs of a particular body; and

(b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

(7) A matter is confidential under this subsection if—

(a) it relates specifically to the private affairs of an individual; and

(b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.”

Commencement Information

I2 S. 313 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

314 [F1 Local news and information in local sound broadcasting services] U.K.

[F2 (1) A local sound broadcasting licence must contain such conditions as OFCOM consider appropriate for—

(a) requiring the licensed local sound broadcasting service to include, and regularly broadcast, programmes that consist of or include local news and information, and

(b) requiring that local news to consist of or include locally-gathered news.]

[F3 (1A) But subsection (1) does not apply in the case of a local sound broadcasting service if OFCOM consider it is appropriate for it not to apply in that case.]

(2) OFCOM must—

(a) draw up guidance as to how they consider [F4 the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1)]; and

(b) have regard to that guidance in carrying out their functions [F5 under subsection (1)].

(3) The guidance may be different for different descriptions of services.

(4) OFCOM may revise the guidance from time to time.

(5) Before drawing up or revising the guidance, OFCOM must consult—

(a) such persons as appear to them to represent the interests of persons for whom local sound broadcasting services are or would be provided;

(b) persons holding licences to provide local sound broadcasting services or persons appearing to represent such persons, or both; and

(c) such other persons as they consider appropriate.

(6) OFCOM must publish the guidance and every revision of it in such manner as they consider appropriate.

(7) In this section—

• F6 ...

• [F7 “local news and information”], in relation to a local sound broadcasting service, [F8 means news and information] which is of particular interest—

  (a)

  to persons living or working within the area or locality for which the service is provided;

  (b)

  to persons living or working within a part of that area or locality; or

  (c)

  to particular communities living or working within that area or locality or a part of it;

• [F9 “locally-gathered”, in relation to news broadcast on a local sound broadcasting service, means—

  (a)

  news gathered in the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the local sound broadcasting service by persons who gather news in the course of an employment or business, or

  (b)

  if there is no local radio multiplex service with such a coverage area, news gathered in the area or locality for which the local sound broadcasting service is provided by persons who gather news in the course of an employment or business;]

  and for this purpose the coverage area for a local radio multiplex service or local sound broadcasting service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this section;

• F10 ... and

• “programme” does not include an advertisement.

(8) References in this section to persons living or working within an area or locality include references to persons undergoing education or training in that area or locality.

F11 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 314 heading substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(3), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F2 S. 314(1) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(4), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F3 S. 314(1A) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(5), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F4 Words in s. 314(2)(a) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(6)(a), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F5 Words in s. 314(2)(b) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(6)(b), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F6 Words in s. 314(7) omitted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by virtue of Media Act 2024 (c. 15), ss. 44(7)(a), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F7 Words in s. 314(7) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(7)(b)(i), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F8 Words in s. 314(7) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(7)(b)(ii), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F9 Words in s. 314(7) substituted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by Media Act 2024 (c. 15), ss. 44(7)(c), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F10 Word in s. 314(7) omitted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by virtue of Media Act 2024 (c. 15), ss. 44(7)(d), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

F11 S. 314(9)-(11) omitted (23.8.2024 for specified purposes, 17.10.2024 in so far as not already in force) by virtue of Media Act 2024 (c. 15), ss. 44(8), 55(3)(e); S.I. 2024/858, reg. 3, Sch.; S.I. 2024/1033, reg. 3(d) (with reg. 4)

Modifications etc. (not altering text)

C1 S. 314 modified (17.10.2024) by The Media Act 2024 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2024 (S.I. 2024/1033), reg. 4

Commencement Information

I3 S. 314 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F12 315 Variations of radio multiplex licences affecting service characteristics U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 315 omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(9), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[F13 315A Local news and information in local digital radio services U.K.

(1) The Secretary of State may, by regulations, make provision for enabling OFCOM to ensure that, for each licensed local radio multiplex service, at least one of the licensed local digital sound programme services broadcast by means of that multiplex service consists of, or includes, local news and information or locally-gathered news and information.

(2) The provision that may be made by regulations under this section includes provision about the conditions that OFCOM may, or must, include in a licence that authorises the provision of—

(a) a local digital sound programme service, or

(b) a local radio multiplex service.

(3) The Secretary of State must consult OFCOM before making regulations under this section.

(4) The power in section 402(3)(c) for regulations under this section to make consequential provision includes power to make provision which amends any enactment.

(5) In this section—

• “licensed” local radio multiplex service or local digital sound programme service means such a service which is provided in accordance with a licence issued by OFCOM;

• “local news and information”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news and information which is of particular interest—

  (a)

  to persons living or working within the area or locality for which the multiplex service is provided;

  (b)

  to persons living or working within a part of that area or locality; or

  (c)

  to particular communities living or working within that area or locality or a part of it;

• “locally-gathered news”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news that has been gathered in the area or locality for which the multiplex service is provided, by persons who gather news in the course of an employment or business.]

Textual Amendments

F13 S. 315A inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 44(9), 55(3)(e); S.I. 2024/1033, reg. 3(d)