Part 5 Regulation of radio services

41 Licensing of analogue radio services

(1) The Broadcasting Act 1990 is amended as follows.

(2) In section 85 (licensing of independent radio)—

(a) in subsection (1), omit “Subject to subsection (2),”;

(b) omit subsections (2) and (5) to (7).

(3) In section 97B (variation of licence periods related to digital switchover), after subsection (4) insert—

“(5) If the period for which the licence to provide the post-commencement service is to continue in force ends before the date for digital switchover, OFCOM may by notice vary the licence so that the period ends—

(a) on that date, or

(b) before that date (and after the date when it would have otherwise ended),

if the licence holder consents to the variation.”

(4) In section 98 (applications for national licences)—

(a) in subsection (1)(b)—

(i) at the end of sub-paragraph (ii), insert “and”;

(ii) omit sub-paragraphs (iii) and (iv);

(b) omit subsection (3)(a);

(c) in subsection (4), omit “(a),”;

(d) in subsection (6)(b), for “(3)(a) and (aa)” substitute “(3)(aa)”.

(5) In section 99 (procedure in connection with applications for national licences)—

(a) omit subsection (1)(a);

(b) in subsection (1)(b), for “that service” substitute “the proposed service”;

(c) in subsection (2), for “(1)(a) and (b)” substitute “(1)”.

(6) In section 100 (award of national licences to cash bidders)—

(a) omit subsection (9)(b);

(b) omit subsection (10)(a).

(7) In section 103 (restrictions relating to changes of control)—

(a) omit subsection (3);

(b) for subsection (4) substitute—

“(4) OFCOM may refuse to approve a change described in subsection (1)(a) if they consider it appropriate to do so.”

(8) In section 103A (renewal of national licences), in subsection (9)—

(a) after paragraph (b) insert “and”;

(b) omit paragraph (d) and the “and” before it.

(9) In section 111 (power to revoke licences)—

(a) omit subsection (4) (procedure where national service ceases to be provided);

(b) in subsection (6), omit “, (4)”.

(10) In section 117 (procedure in connection with applications), in subsection (4)(b), for the words from “with the substitution” to the end substitute “as if the matters specified in that subsection included the name of every other applicant in whose case it appeared to OFCOM that the requirement specified in subsection (1)(a) above was satisfied.”

42 Licensing and local services

(1) The Broadcasting Act 1990 is amended as follows.

(2) For section 104 (applications for other licences) substitute—

“104 Applications for licences: local services and restricted services

(1) An application for a licence to provide a local service must—

(a) be made in such manner as OFCOM may determine, and

(b) be accompanied by such fee (if any) as OFCOM may determine.

(2) An application for a licence to provide a restricted service must—

(a) be made in such manner as OFCOM may determine, and

(b) be accompanied by such fee (if any) as OFCOM may determine.”

(3) In section 104AA (further renewal of local licences)—

(a) in subsection (3), for “subsections (4), (4A) and (5)” substitute “subsections (4) to (5)”;

(b) after subsection (4) insert—

“(4ZA) Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—

(a) the condition in section 104A(5)(a) is met,

(b) the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and

(c) the alternative condition in subsection (4ZB) below is met instead.

(4ZB) The alternative condition is met if—

(a) in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—

(i) a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and

(ii) a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and

(b) OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).

(4ZC) Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—

(a) a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and

(b) a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.”

(4) Omit sections 104B (special application procedure for local licences) and 105 (special requirements relating to grant of local licences).

43 Character of local services

(1) The Broadcasting Act 1990 is amended in accordance with subsections (2) and (3).

(2) In section 106 (requirements as to character and coverage of national and local services)—

(a) in subsection (1), omit “or local”;

(b) in subsection (1A), omit paragraphs (b) to (e);

(c) omit subsection (1B);

(d) omit subsection (7).

(3) Omit section 106ZA (consultation about change of character of local services).

(4) In the Communications Act 2003, omit sections 355 and 356 (variation of local licence following change of control).

44 Local news and information

(1) The Communications Act 2003 is amended in accordance with this section.

(2) Section 314 (local content and character of local sound broadcasting services) is amended in accordance with subsections (3) to (8).

(3) For the heading substitute “Local news and information in local sound broadcasting services”.

(4) For subsection (1) substitute—

“(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.”

(5) For subsection (1A) substitute—

“(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.”

(6) In subsection (2)—

(a) in paragraph (a), for “the requirements of subsection (1)(a) and (b) should be satisfied” substitute “the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1)”;

(b) in paragraph (b), for “in relation to local sound broadcasting services” substitute “under subsection (1)”.

(7) In subsection (7)—

(a) omit the definition of “approved area”;

(b) in the definition of “local material”—

(i) for ““local material”” substitute ““local news and information””;

(ii) for “means material” substitute “means news and information”;

(c) for the definition of “locally-made” substitute—

• ““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;”;

(d) omit the definition of “material”.

(8) Omit subsections (9) to (11).

(9) After section 315 insert—

“315A Local news and information in local digital radio services

(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.”

(10) In section 402 (orders and regulations made by the Secretary of State), in subsection (2A), before paragraph (za) (and after paragraph (zza) inserted by section 46) insert—

“(zzb) regulations under section 315A which amend any Act of Parliament;”.

45 Financial assistance for radio

After section 359 of the Communications Act 2003 insert—

“Financial assistance for radio

359A Power of the Secretary of State to give financial assistance for radio

(1) The Secretary of State may give financial assistance for or in connection with—

(a) the provision of eligible services;

(b) the production of sound programmes (whether intended for broadcast or distribution by any other means).

(2) The financial assistance may be given—

(a) by way of grant, loan or guarantee or in any other form, and

(b) subject to such conditions as the Secretary of State considers appropriate.

(3) The conditions may (among other things) include provision under which the financial assistance is to be repaid or otherwise made good (with or without interest).

(4) The eligible services for the purposes of subsection (1)(a) are—

(a) services of a description in relation to which provision is for the time being in force under section 262 (community radio);

(b) local sound broadcasting services;

(c) local digital sound programme services.”

46 Licensing of non-UK digital sound programme services

(1) Section 245 of the Communications Act 2003 (regulation of independent radio services) is amended in accordance with subsections (2) and (3).

(2) In subsection (1), after paragraph (b) insert—

“(c) digital sound programme services that do not fall within paragraph (a) or (b) but—

(i) are provided from a place in a qualifying country, and

(ii) are or are intended to be broadcast by means of a local radio multiplex service or small-scale radio multiplex service.”

(3) After subsection (3) insert—

“(3A) The Secretary of State may, by regulations, amend or otherwise modify Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences) in its application to digital sound programme services that fall within subsection (1)(c).

(3B) The regulations may in particular—

(a) disapply or modify existing restrictions;

(b) provide for new restrictions to apply.

(3C) In subsection (1)(c)—

• “qualifying country” means a country or territory outside the United Kingdom that is specified in regulations made by the Secretary of State for the purposes of subsection (1)(c);

• “small-scale radio multiplex service” has the same meaning as in section 258A.”

(4) In section 402 of the Communications Act 2003 (power of Secretary of State to make orders and regulations), in subsection (2A) (affirmative resolution procedure), before paragraph (za) insert—

“(zza) regulations under section 245(3C) (specification of country or territory as a “qualifying country”);”.

47 Radio multiplex licences

(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 46 (national radio multiplex licences)—

(a) in subsection (3)(a), omit “and (f)”;

(b) in subsection (4), omit paragraphs (c) to (f);

(c) omit subsection (5);

(d) in subsection (8)(a)—

(i) at the end of sub-paragraph (i) insert “and”;

(ii) omit sub-paragraph (ii).

(3) In section 47 (award of national radio multiplex licences)—

(a) in subsection (2)—

(i) in paragraph (b), for “timetables” substitute “timetable”;

(ii) also in paragraph (b), omit “and (d)”;

(iii) at the end of paragraph (c) insert “and”;

(iv) omit paragraphs (d) and (e);

(b) omit subsection (3).

(4) In section 50 (local radio multiplex licences)—

(a) in subsection (4), omit paragraphs (c) to (e);

(b) in subsection (7)(a)—

(i) at the end of sub-paragraph (i) insert “and”;

(ii) omit sub-paragraph (ii).

(5) In section 51(2) (award of local radio multiplex licences)—

(a) in paragraph (b)—

(i) for “timetables” substitute “timetable”;

(ii) omit “and (d)”;

(b) omit paragraphs (d) and (e);

(c) in paragraph (f), for “living in that area or locality,” substitute “providing 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,”.

(6) In section 54 (conditions of radio multiplex licences)—

(a) in subsection (1)—

(i) omit paragraph (b);

(ii) omit the “and” at the end of paragraph (g);

(iii) after paragraph (h) insert—

“(i) that the holder of the licence publishes information, in such manner as OFCOM consider appropriate, as to the payments to be made by the holders of community, local and national digital sound programme licences for the broadcasting of their services under the licence, and

(j) that the holder of the licence provides to OFCOM information, in such manner as OFCOM consider appropriate, on the community, local and national digital sound programme services provided for broadcasting by means of the service.”;

(b) in subsection (5)—

(i) omit “or (b)”;

(ii) for “section 42(3)(b)” substitute “section 42(3)”;

(c) omit subsections (6) to (6B).

(7) In section 54A(6) (variation of radio multiplex licences), for the words from “doing so” to the end substitute “the coverage area of the licensed service would not (as a result of the variation) be unacceptably reduced.”

(8) In section 58 (duration and renewal of radio multiplex licences)—

(a) omit subsection (4)(a)(ii);

(b) in subsection (11), omit “and supplementary proposals”.

(9) In consequence of the amendment made by subsection (6)(c), omit section 315 of the Communications Act 2003.