Part 5Regulation of radio services
41Licensing 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)
“(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)
“(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.”