Legislation – Media Act 2024

“(4ZA)

Where the application for the renewal of the licence under this section has been duly made to OFCOM (as mentioned in section 104A(5)), OFCOM must grant the application if—

(a)

the condition in section 104A(5)(a) is met,

(b)

the conditions in section 104A(5)(b) and (c) are not met because the applicant does not make the nomination required by section 104A(4), and

(c)

the alternative condition in subsection (4ZB) below is met instead.

(4ZB)

The alternative condition is met if—

(a)

in the application for the renewal, or at any time before the consideration of that application, the applicant makes to OFCOM—

(i)

a statement of explanation — which is a statement that it has not been possible for the applicant to make the nomination required by section 104A(4) because of the lack of availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and could be nominated in accordance with section 104A(4)(b); and

(ii)

a statement of intent — which is a statement that the applicant will make to OFCOM a nomination of the kind required by section 104A(4) as soon as it is reasonably possible to do so because of the availability of a relevant local radio multiplex service, or of a relevant small-scale radio multiplex service, that is suitable for the applicant’s needs and meets the requirements of section 104A(4); and

(b)

OFCOM are satisfied that it has not been possible for the applicant to make the nomination required by section 104A(4) for a reason of the kind set out in paragraph (a)(i).

(4ZC)

Where OFCOM grant the application in accordance with subsection (4ZA) they must include in the licence as renewed—

(a)

a condition requiring the licence holder to do all that it can to ensure that it makes the nomination described in the statement of intent as soon as it is reasonably possible to do so, and

(b)

a condition requiring the licence holder to do all that it can to ensure that it starts broadcasting the nominated digital sound programme service, by means of the nominated multiplex service, as soon as reasonably possible after it has made that nomination.”