Paragraph 6

in subsection (1)^f1, for “national”, there were substituted “community radio”;

in subsection (1A)^f2, after paragraph (a) there were inserted—

“(b)

that the departure would not narrow the range of programmes available by way of community radio services to persons comprising the relevant community;

(c)

that there is evidence that, amongst persons comprising that community, there is a significant demand for, or significant support for, the change that would result from the departure;

(d)

that the departure would not be prejudicial to the access by members of that community to the facilities used for the provision of the service and for training in the use of those facilities; or

(e)

that the departure would not be prejudicial to the delivery of social gain resulting from the provision of the service provided under that licence.”;

after subsection (1A) there were inserted—

“(1B)

The matters to which OFCOM must have regard in determining, for the purposes of this section, the character of a service provided under a community radio licence include, in particular, the selection of spoken material and music in programmes included in the service.

(1C)

Without limiting subsection (1), a community radio licence must include such conditions as appear to OFCOM to be appropriate for securing that the holder of the licence does not enter into, or remain subject to, any arrangement if an effect of that arrangement is to allow another holder of a Broadcasting Act licence or the BBC or S4C to exercise an undue influence over the nature and content of the programmes included in the service provided under that licence.

(1D)

In subsection (1C), “arrangement” includes any agreement or arrangement with one or more other persons, whether or not it is, or is intended to be, legally enforceable.”;

for subsection (2), there were substituted—

“(2)

Without limiting subsections (1) to (1D), a community radio licence must include such conditions as OFCOM consider are appropriate to ensure that the licence holder provides the service described in the application for that licence.”;

in subsection (4)^f3, for “local” there were substituted “community radio”;

in subsections (4), (5)^f4 and (6)^f5, for “locality for which”, in each place those words occur, there were substituted “locality in which”.