Article 3 Amendments relating to local multiplex licences

In paragraph 7 (modifications to section 12 (conditions attached to multiplex licence)^f1)—

Paragraph 8 (modifications to section 16 (duration and renewal of multiplex licences)^f2) is amended in accordance with paragraphs (3) to (5).

Before sub-paragraph (a) insert—

“(za)

in the heading, for “renewal” there were substituted “extension”,”.

At the end of sub-paragraph (a), omit “and”.

After that sub-paragraph insert—

“(aa)

after subsection (1) there were inserted—

“(1A)

OFCOM may, with the consent of the licence holder, extend the period for which a local multiplex licence^f3 continues in force by twelve months.

(1B)

The power in subsection (1A) may be exercised in relation to a local multiplex licence even if the total period for which the licence continues in force exceeds twelve years.

(1C)

The power in subsection (1A) may only be exercised once in relation to each local multiplex licence.

(1D)

Subsection (1A) does not affect the operation of section 17(1)(b)^f4.”, and”.

After paragraph 8 insert—

“8A

Part 1 has effect as if after section 16 there were inserted—

“Renewal of extended local multiplex licences

16A

(1)

Where OFCOM have extended a local multiplex licence under section 16(1A), OFCOM may, at any time before 26th November 2025, renew that local multiplex licence on one occasion in accordance with this section for a period beginning with the date on which it would otherwise expire and ending before 1st January 2035.

(2)

An application for the renewal of a local multiplex licence under subsection (1) must be made—

(a)

by the licence holder,

(b)

in writing, and

(c)

before 1st April 2025.

(3)

At any time before determining the application, OFCOM may require the applicant to furnish—

(a)

information about the service the applicant proposes to provide if their licence is renewed, and

(b)

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

(4)

Where an application for the renewal of a local multiplex licence has been duly made to OFCOM 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 their licence, or

(b)

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

(5)

For the purposes of subsection (4)(b), OFCOM may consider any conditions that would be included to secure the implementation of any supplementary technical plan or supplementary proposals submitted under section 16B(1) (see section 16B(2)).

(6)

Where OFCOM have granted a person’s application under this section, they shall formally renew that person’s licence from the date on which it would otherwise expire.

(7)

Nothing in this section prevents the holder of a local multiplex licence from applying for a new licence on one or more occasions in pursuance of a notice under section 7(1)^f5.

Renewals: supplementary technical plan and supplementary proposals

16B

(1)

When making an application for the renewal of a local multiplex licence under section 16A, the applicant may submit—

(a)

a technical plan which supplements the technical plan submitted by the licence holder under section 7(4)(b), and

(b)

proposals which supplement the proposals submitted by the licence holder under section 7(4)(f)^f6.

(2)

Where a local multiplex licence has been renewed under section 16A, the licence as renewed may include such further conditions, or OFCOM may make such variations to existing conditions, as appear to OFCOM to be appropriate for securing the implementation of any supplementary technical plan or supplementary proposals submitted under subsection (1).

(3)

OFCOM may postpone consideration of any supplementary technical plan and supplementary proposals submitted under subsection (1) until after 25th November 2025, in which case OFCOM must treat the submission of such information as an application by the holder of the licence as renewed for a variation of the conditions imposed in pursuance of section 12(1)(a) or (b) (see section 12(2))^f7.

Revocation of local multiplex licences for spectrum management reasons

16C

(1)

Where OFCOM have awarded a local multiplex licence under section 8^f8, or renewed a local multiplex licence under section 16A, they may, with the consent of the Secretary of State, revoke the licence.

(2)

OFCOM may only revoke the licence for reasons related to the management of the radio spectrum.

(3)

Where OFCOM propose to revoke the licence, they must give the holder of the licence a notification—

(a)

stating the reasons for the proposed revocation, and

(b)

specifying the period during which the person notified has an opportunity to make representations about the proposal.

(4)

Where OFCOM have given a notification under subsection (3), they must, as soon as reasonably practicable after the end of the period for the making of representations—

(a)

decide whether or not to revoke the licence, and

(b)

give the holder of the licence a notification of their decision—

(i)

stating the reasons for the decision, and

(ii)

where the decision is to revoke the licence, specifying a date, not earlier than five years after the date on which the notification is given, on which the revocation takes effect.”.”.