SCHEDULES
SCHEDULE 15Amendments of Broadcasting Acts
Part 2Amendments of the 1996 Act
Licences under Part 2 of the 1996 Act
I1102
1
Section 42 of the 1996 Act (licences under Part 2) shall be amended as follows.
2
In subsection (1), for “the Radio Authority (in this Part referred to as “the Authority”)” there shall be substituted “
OFCOM
”
.
3
In subsections (2), (5) and (6), for “The Authority” and “the Authority”, wherever occurring, there shall be substituted “
OFCOM
”
.
4
For subsection (3) (variation of licences) there shall be substituted—
3
OFCOM may vary a licence by a notice served on the licence holder.
3A
OFCOM shall not vary—
a
the period for which a licence having effect for a specified period is to continue in force, or
b
increase the total amount of digital capacity specified in a national radio multiplex licence for the purposes of section 48(1A),
unless the licence holder consents.
3B
OFCOM shall not make any other variation of a licence unless the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.
5
In subsection (4)
(exceptions from power to vary licences), for “Paragraph (a) of subsection (3)” there shall be substituted “
Paragraph (a) of subsection (3A)
”
.
6
For subsection (7) there shall be substituted—
7
The holding of a licence by a person shall not relieve him—
a
of any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
b
of any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).