OpenLegislation

Section 60 Licensing of digital sound programme services.C1C2

United Kingdom

(1)

For the purposes of this Part a digital sound programme service is—

(a)

a “national digital sound programme service” if it is provided for broadcasting by means of a national radio multiplex service F1, by means of a television multiplex service or by means of a general multiplex service , and

(b)

a “local digital sound programme service” if it is provided for broadcasting by means of a local radio multiplex service.

(2)

A licence to provide digital sound programme services (in this Part referred to as a “digital sound programme licence”) may be either—

(a)

a licence to provide national digital sound programme services (in this Part referred to as a “national digital sound programme licence”), or

(b)

a licence to provide local digital sound programme services (in this Part referred to as a “local digital sound programme licence”).

(3)

An application for a digital sound programme licence shall—

(a)

be made in such manner as F2OFCOM may determine, and

(b)

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

(4)

At any time after receiving such an application and before determining it, OFCOM may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

(5)

Any information to be furnished to OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6)

Where an application for a digital sound programme licence is made to OFCOM in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 42(2)(a) or 44(1).

(6A)

F3Section 89 of the 1990 Act (disqualification from being licence holder or concerned with the provision of a programme service if convicted of a transmitting offence) shall apply in relation to a licence under this section as it applies to a licence under Part 3 of that Act, but with the omission of paragraph (b) of subsection (3) of that section and of the word “or” immediately before that paragraph.

(7)

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(8)

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(9)

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(10)

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Annotations

Textual amendments

F1

Words in s. 60(1)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 260(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2

Words in s. 60 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 119(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3

S. 60(6A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 119(3)(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4

S. 60(7)-(10) 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)

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)