Broadcasting Act 1990

[F1 104AA Further renewal of local licences U.K.

(1) A local licence may be renewed under this section on [F2 three occasions] for a period of not more than 7 years [F3 (on the [F4 first occasion),] 5 years (on the second occasion)] [F5 or 10 years (on the third occasion)] beginning with the date of renewal (subject to the following provisions of this section and section 104AB).

(2) A local licence may be renewed under this section only if—

(a) it has been renewed under section 104A, or

(b) it is granted on or after the day on which this section comes into force F6 ....

(3) Subsections (3) to (12), (13) and (14) of section 104A apply in relation to the renewal of a licence under this section as they apply in relation to the renewal of a licence under section 104A, subject to subsections (4) [F7 , (4A)] and (5).

(4) Section 104A(3) (as applied) has effect as if the words “Subject to subsection (2)” were omitted.

[F8 (4A) Section 104A(14) (as applied) does not prevent the determination of a date falling less than one year after the making of the determination where—

(a) the renewal of the licence in question would be the third renewal under this section,

(b) OFCOM consider that the relevant date for the purposes of section 104A (as applied) is a date which is not more than 15 months after the day on which this subsection comes into force, and

(c) the determination is made as soon as practicable after that day.]

(5) In the case of an approved licence, if an applicant for renewal of the licence under this section makes a national nomination in accordance with section 104AB, section 104A (as applied) has effect as if—

(a) subsections (4) and (13)(b) were omitted,

(b) references to the nominated local digital sound programme service were references to the national digital sound programme service nominated under section 104AB, F9 ...

(c) references to the nominated local radio multiplex service were references to the national radio multiplex service nominated under section 104AB [F10 , and

(d) references to the nominated small-scale radio multiplex service were omitted.]

(6) In this section and sections 104AB and 104AC—

• “approved licence” means a local licence approved by OFCOM for the purposes of this section;

• “local digital sound programme service”, “local radio multiplex service”, “national digital sound programme service” and “national radio multiplex service” have the same meanings as in Part 2 of the Broadcasting Act 1996.

• [F11 “small-scale radio multiplex service” has the same meaning as in section 258A of the Communications Act 2003.]

(7) Before approving a licence for the purposes of this section, OFCOM must publish a document specifying—

(a) the licence proposed to be approved, and

(b) a period in which representations may be made to OFCOM.]

Textual Amendments

F1 Ss. 104AA-104AC inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 32(2), 47(2)(b) (with s. 32(3)(4))

F2 Words in s. 104AA(1) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(a)(i)

F3 Words in s. 104AA(1) inserted (15.12.2015) by The Legislative Reform (Further Renewal of Radio Licences) Order 2015 (S.I. 2015/2052), arts. 1, 3(a)(ii)

F4 Words in s. 104AA(1) substituted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(a)(ii)

F5 Words in s. 104AA(1) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(a)(iii)

F6 Words in s. 104AA(2) omitted (10.12.2020) by virtue of The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(b)

F7 Word in s. 104AA(3) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(c)

F8 S. 104AA(4A) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(d)

F9 Word in s. 104AA(5)(b) omitted (10.12.2020) by virtue of The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(e)(i)

F10 S. 104AA(5)(d) and word inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(e)(ii)

F11 Words in s. 104AA(6) inserted (10.12.2020) by The Legislative Reform (Renewal of Radio Licences) Order 2020 (S.I. 2020/1526), arts. 1, 5(f)