102(1)Section 42 of the 1996 Act (licences under Part 2) shall be amended as follows.U.K.
(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).”
Commencement Information
I1Sch. 15 para. 102 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)