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 timetables proposed by the applicant under section 50(4)(b)(ii) and (d),

(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,

(d)the extent to which the digital sound programme services (other than BBC services) proposed to be included in the service would cater for the tastes and interests of persons living in the area or locality for which the service is to be provided and, where it is proposed to cater for any particular tastes and interests of such persons, the extent to which those services would cater for those tastes and interests,

(e)the extent to which any such digital sound programme services would broaden the range of programmes available by way of local digital sound programme services to persons living in the area or locality for which it is to be provided and, in particular, the extent to which they would cater for tastes and interests different from those already catered for by local digital sound programme services provided for that area or locality,

[F2(f)the extent to which there is evidence that, amongst persons living in that area or locality, 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 [F3, 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.