Section 245: Regulation of independent radio services, Communications Act 2003

It shall be a function of OFCOM to regulate the following services in accordance with this Act, the 1990 Act and the 1996 Act—

services specified in subsection (2) that are provided from places in the United Kingdom and otherwise than by the BBC;

services so specified that do not fall within paragraph (a) but are provided by a person, other than the BBC, whose principal place of business is in the United Kingdom.

digital sound programme services that do not fall within paragraph (a) or (b) but—

are provided from a place in a qualifying country, and

are or are intended to be broadcast by means of a local radio multiplex service or small-scale radio multiplex service.

The services referred to in subsection (1)(a) are—

sound broadcasting services to which subsection (3) applies;

radio licensable content services;

additional radio services;

radio multiplex services;

digital sound programme services;

digital additional sound services.

This subsection applies to a sound broadcasting service which—

is provided with a view to its being broadcast otherwise than only from a satellite; and

is a national service, local service or restricted service.

The Secretary of State may, by regulations, amend or otherwise modify Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences) in its application to digital sound programme services that fall within subsection (1)(c).

The regulations may in particular—

disapply or modify existing restrictions;

provide for new restrictions to apply.

In subsection (1)(c)—

"qualifying country" means a country or territory outside the United Kingdom that is specified in regulations made by the Secretary of State for the purposes of subsection (1)(c);
"small-scale radio multiplex service" has the same meaning as in section 258A.

For the purposes of this section—

a service is a national service if it is a sound broadcasting service provided as mentioned in subsection (3)(a) with a view to its being broadcast for reception in any such minimum area of the United Kingdom as may be determined in accordance with section 98(2) of the 1990 Act;

a service is a local service if it is a sound broadcasting service which (without being a national service) is provided as mentioned in subsection (3)(a) with a view to its being broadcast for reception in a particular area or locality in the United Kingdom; and

a service is a restricted service if it is a sound broadcasting service provided as mentioned in subsection (3)(a) with a view to its being broadcast for reception—

within a particular establishment in the United Kingdom or at another defined location in the United Kingdom; or

for the purposes of a particular event taking place within the United Kingdom.

The services that are to be treated for the purposes of this section as provided from places in the United Kingdom include every radio licensable content service which would not fall to be so treated apart from this subsection but which—

is provided with a view to its being broadcast from a satellite;

is a service the broadcasting of which involves its transmission to the satellite by means of an electronic communications network from a place in the United Kingdom; and

is not a service the provision of which is licensed or otherwise authorised under the laws of an EEA State.

The services that are to be treated as so provided also include every service provided by a BBC company, a C4 company or an S4C company.

A reference in subsection (4)(b) to an area of the United Kingdom does not include an area which comprises or includes the whole of England.

Section 245: Regulation of independent radio services

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