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).