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Renewal procedure for local analogue licences

Under the provisions of section 104A of the Broadcasting Act 1990 as amended, a licence holder who is providing a local digital sound programme service on a 'relevant' local radio multiplex service is entitled to apply for a renewal of their licence. A 'relevant' local radio multiplex is a local radio multiplex whose population coverage overlaps to a significant extent (at least 50%, under current Ofcom policy) with that of the local analogue service whose renewal is being sought.

Under the provisions of the Communications Act 2003, a local licence may be renewed on one occasion for a period of twelve years beginning with the date of renewal, not the date of expiry.

Licences which are pre-transfer licences i.e. those granted by the Radio Authority before the 29th December 2003, and which have not been modified or renewed at any time after that date, may be eligible for an extension (please refer to document entitled 'application for an extension') as well as for a renewal. Licensees in this position can choose whether to apply for an extension or a renewal. Those who opt for an extension will remain eligible to apply for a renewal provided that they continue to provide a local digital sound programme service on a 'relevant' local multiplex.

However, if a licensee applies for a renewal, they would not be able subsequently to apply for an extension.

Application for licence renewal

In order to determine whether to grant an application for renewal, Ofcom is required to satisfy itself that:

• the applicant would provide a local (analogue) service which complied with the conditions included in the licence in pursuance of section 106 of the Broadcasting Act 1990;
• the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service, and;
• the period for which the nominated local digital sound programme service will be available for reception and the times at which it will be available will not be significantly different, week by week, from those for which and at which the licensed local (analogue) service will be broadcast.

Ofcom shall therefore require confirmation of the following information:

• the local digital sound programme service being provided as the basis for renewal of the analogue licence;
• the number of hours per day, and days per week, for which the identified local digital sound programme service is broadcast;
• the 'relevant' local radio multiplex service upon which the digital sound programme service identified above is being provided.

Ofcom will also require evidence that the digital sound programme service identified above is being broadcast on the 'relevant' local multiplex identified above. One copy of all relevant contractual and related documents will need to be supplied. Upon licence renewal, a condition will be included in the analogue licence requiring the licensee to do all that he can to ensure that the nominated local digital sound programme service is provided on the nominated 'relevant' local radio multiplex service throughout the period for which the licence has been renewed.

Finally, we will require the licence holder to complete and sign the original declaration as supplied by Ofcom

Timetable for renewal of local licences due to expire on or prior to 29th March 2006 (Transitional arrangements)

Under the provisions of section 104A of the Broadcasting Act 1990 (as amended by the Communications Act 2003), applications for renewal have to be made during a specified 'window'. This period begins three years before the current expiry date of the licence, and ends three months before the 'relevant' date. The 'relevant' date is the date by which Ofcom would have to re-advertise the licence were it not to be renewed, and has been set at one year prior to the expiry date of the licence. Therefore the window closes 15 months before the current expiry date of the licence. Applications can be made at any time during this window.

As per the transitional arrangements set out in paragraph 50 of Schedule 18 to the Communications Act 2003, Ofcom will write to licence holders in advance of the 'window close' to enquire if the licensee intends to apply for a renewal and ask for supporting information. The transitional provisions allow Ofcom to give less than a years notice to a licensee of their relevant date, if the relevant date falls within 15 months of the vesting of powers to Ofcom (29 December 2003).

Ofcom has adopted the existing Radio Authority tariff for the first quarter of 2004. Fees for the period from April onwards will be published in April 2004.

Submissions of applications for renewals need to be made no later than the window close, but preferably should be made at least four weeks in advance.

Queries regarding renewals should be directed to Andrea Jackson in Ofcom's Radio Planning and Licensing team.
Email: andrea.jackson@ofcom.org.uk
Telephone: 020 7981 3124

Timetable for renewal of local licences due to expire after 29th March 2006

Under the provisions of section 104A of the Broadcasting Act 1990, applications for renewal have to be made during a specified 'window'. This period begins three years before the current expiry date of the licence, and ends three months before the 'relevant' date. The 'relevant' date is the date by which Ofcom would have to re-advertise the licence were it not to be renewed, and has been set at one year prior to the expiry date of the licence. Therefore the window closes 15 months before the current expiry date of the licence. Applications can be made at any time during this window.

Ofcom will write to licence holders one year in advance of the relevant date (in other words two years prior to the current licence expiry date and nine months in advance of the window close) to enquire if they intend to apply for a renewal and to ask for supporting information.

Fees for the period from April onwards will be published in April 2004.

Submissions of applications for renewals need to be made no later than the window close, but preferably should be made at least four weeks in advance of this date.

Queries regarding renewals should be directed to Andrea Jackson in Ofcom's Radio Planning and Licensing team.
Email: andrea.jackson@ofcom.org.uk
Telephone: 020 7981 3124

Amended 02.07.2007

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