OpenLegislation

Section 47 Award of national radio multiplex licences.

United Kingdom

(1)

Where F1OFCOM have published a notice under section 46(1), they shall in determining whether, or to whom, to award the national radio multiplex licence in question, have regard to the extent to which, taking into account the matters specified in subsection (2) and any representations received by them in pursuance of section 46(8)(b) with respect to those matters, the award of the licence to each applicant would be calculated to promote the development of digital sound broadcasting in the United Kingdom otherwise than by satellite.

(2)

The matters referred to in subsection (1) are—

(a)

the extent of the coverage area (within the area specified in the notice under section 46(1)(c)) proposed to be achieved by the applicant as indicated in the technical plan submitted by him under section 46(4)(b),

(b)

the F2timetable proposed by the applicant under section 46(4)(b)(ii) F3...,

(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, F4and

F5(d)

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

F6(e)

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

(f)

whether, in contracting or offering to contract with persons providing digital sound programme services F7, 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 such services.

F8(3)

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

F9(4)

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

(5)

Where OFCOM have awarded a national 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 OFCOM consider appropriate, and

(b)

grant the licence to that person.

Annotations

Textual amendments

F1

Words in s. 47 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 106 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2

Word in s. 47(2)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(3)(a)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F3

Words in s. 47(2)(b) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(3)(a)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F4

Word in s. 47(2)(c) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(3)(a)(iii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

F5

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

F6

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

F7

Words in s. 47(2)(f) inserted (25.7.2006) by The Television Licensable Content Services Order 2006 (S.I. 2006/2131), arts. 1(1), 5(4)

F8

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

F9

S. 47(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Notes on Part II

Modifications

C1

Pt. 2: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C2

Pt. 2 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 258, 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3

Pt. 2 applied (with modifications) (25.10.2019) by The Small Scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(a), Sch. Pts. 1, 3 (as amended (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 9 (with art. 10))

C4

Pt. 2 applied (with modifications) (25.10.2019) by The Small Scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(b), Sch. Pts. 2, 3 (as amended (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 9)