Broadcasting Act 1996

58 Duration and renewal of national or local radio multiplex licences.U.K.

(1)A radio multiplex licence shall (subject to the provisions of this Part and to section 111 of the 1990 Act as applied by section 59(8)) continue in force for a period of twelve years.

(2)A radio multiplex licence [F1granted within ten years] of the commencement of this section may be renewed on one occasion in accordance with this section

[F2(a)in the case of a licence granted within six years of that commencement, for a period of twelve years beginning with the date on which it would otherwise expire; and

(b)in any other case, for a period of eight years beginning with that date[F3; but nothing in this subsection prevents section 58ZA from applying in relation to any licence.]]

(3)An application for the renewal of a radio multiplex licence under subsection (2) may be made by the licence holder not earlier than four years before the date on which it would otherwise cease to be in force and not later than [F4the day falling three months before] the relevant date.

(4)At any time before determining the application, [F5OFCOM] may—

(a)require the applicant to furnish—

(i)a technical plan which supplements that submitted by the licence holder under section 46(4)(b) or 50(4)(b), and

(ii)in the case of a national radio multiplex licence, proposals which supplement that submitted by the licence holder under section 46(4)(f), and

(b)notify the applicant of requirements which must be met by that supplementary technical plan or those supplementary proposals and relate to the matters referred to in section 46(4)(b)(i) and (ii) or 50(4)(b)(i) and (ii).

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where any such application is made F7..., [F5OFCOM] may postpone consideration of it by them for as long as they think appropriate having regard to subsection (10).

(7)Where an application for the renewal of a radio multiplex licence has been duly made to [F5OFCOM] , they may refuse the application only if—

(a)it appears to them that the applicant has failed to comply with any of the conditions included in his licence,

(b)any supplementary technical plan or supplementary proposals submitted under subsection (4)(a) fail to meet requirements notified to the applicant under subsection (4)(b), or

(c)they are not satisfied that the applicant would, if his licence were renewed, provide a service which complied with the conditions to be included in the licence as renewed.

(8)Subject to subsection (9), on the grant of any such application [F5OFCOM] may with the consent of the Secretary of State, and shall if so required by him—

(a)specify a percentage different from that specified under section 46(1)(h) as the percentage of multiplex revenue for each accounting period of his that will be payable by the applicant in pursuance of section 55(1) during the period for which the licence is to be renewed, or

(b)specify such a percentage where none was specified under section 46(1)(h);

and [F5OFCOM] may specify under paragraph (a) or (b) either of the things mentioned in section 46(2)(b).

(9)Where an order under section 55(2) is in force on the relevant date, no percentage of multiplex revenue shall be payable as mentioned in subsection (8)(a) during the period for which the licence is to be renewed.

(10)Where [F5OFCOM] have granted a person’s application under this section, they shall formally renew his licence from the date on which it would otherwise expire; but in the case of a national multiplex licence they shall not so renew his licence unless they have notified him of any percentage specified by them under subsection (8) and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

(11)Where a radio multiplex licence has been renewed under this section, the licence as renewed shall include such further conditions as appear to [F5OFCOM] to be appropriate for securing the implementation of any supplementary technical plan and supplementary proposals submitted under subsection (4)(a).

(12)In this section “the relevant date”, in relation to a radio multiplex licence, means the date which [F5OFCOM] determine to be that by which they would need to publish a notice under section 46(1) or 50(2) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the service formerly provided under that licence.

[F8(12A)A determination for the purposes of subsection (12)—

(a)must be made at least one year before the date determined; and

(b)must be notified by OFCOM to the person who holds the licence in question.]

(13)Nothing in this section prevents the holder of a radio multiplex licence from applying for a new licence on one or more occasions in pursuance of a notice under section 46(1) or 50(2).