Part 5: Regulation of radio services Section 42: Licensing and local services
This section amends Chapter 2 of Part 3 of the BA 1990 on the licensing of local analogue radio services.
	Subsection (2) substitutes section 104 of the BA 1990 to give OFCOM the discretion to decide how applications for a licence must be made and thereby removes the previous prescriptive requirements (including the publication of a notice) on how such application was to be made. This reflects that, over the coming years, there are likely to be very few occasions where OFCOM will need to hold a competition for an analogue local commercial radio licence, given that nearly all licences will be eligible for renewal under section 104AA of the BA 1990 on the basis that they provide a local digital service.
	Subsection (3) inserts new subsections (4ZA), (4ZB) and (4ZC) into section 104AA of the BA 1990. Section 104AA (read together with section 104A) allows for the renewal of a local analogue radio licence where OFCOM are satisfied that the licence holder is also providing a local digital radio service. The new subsection (4ZB) allows OFCOM to renew a licence if an alternative condition is met - the applicant makes a statement of explanation that it is not possible to broadcast a digital service and a statement of intent to broadcast a digital service after it becomes reasonably possible to do so. This reflects that there may be circumstances where a radio station intends to broadcast on digital, but is not in a position to do so because a suitable digital multiplex service is not available in its broadcast area. The new subsection (4ZC) requires OFCOM to impose a licence condition on that radio station requiring it to nominate a suitable multiplex service as soon as it is reasonably possible to do so.