Paragraph 3

Part 3 has effect as if for section 104 (applications for licences: local and restricted services)^f1 there were substituted—

“Application for community radio licences

104

(1)

Where OFCOM propose to grant a licence to provide a community radio service, they must publish, in such manner as they consider appropriate, a notice—

(a)

stating that they propose to grant such a licence,

(b)

specifying any areas or localities in the United Kingdom in relation to which no applications may be made,

(c)

inviting applications for the licence and specifying the closing date for applications, and

(d)

stating the fee payable on any application made in pursuance of the notice.

(2)

Any application made in pursuance of a notice under subsection (1) must be in writing and accompanied by—

(a)

the fee specified in the notice under paragraph (d) of that subsection;

(b)

the applicant’s proposals for providing a service that would—

(i)

cater for the tastes and interests of persons comprising the relevant community or for any particular tastes and interests of such persons,

(ii)

broaden the range of programmes available by way of local services to persons comprising that community,

(iii)

broaden the range of local services provided in the area or locality in which the proposed service would be provided, and

(iv)

be of a nature or have a content distinct from that of any other community radio service the licence for which would overlap with that for the proposed service;

(c)

evidence that the provision of the service will result in the delivery of significant social gain to the public or the relevant community;

(d)

such information as OFCOM may reasonably require—

(i)

as to the applicant’s present financial position and projected financial position (with regard, in particular, to the number and nature of any persons from whom the applicant proposes to receive the income required to provide the proposed service and the proportion of that income that the applicant proposes to receive from each of those persons) during the period for which the licence would be in force, and

(ii)

as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of the proposed service;

(e)

such other information as OFCOM may reasonably require for the purpose of considering the application.

(3)

At any time after receiving such an application and before determining it OFCOM may require the applicant to furnish additional information under subsection (2)(b), (c), (d) or (e).

(4)

OFCOM must, at the request of any person and on the payment by that person of such sum (if any) as OFCOM may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) or (c) by the applicants for a community radio licence.

(5)

In this section and sections 105 and 106 “programme” does not include an advertisement.”.