Pirates being legalised are still proving to be the exceptions rather than the rule. Ofcom are woefully conservative still in giving licenses to former pirates -
And at least part of the reason for that is lack of precious frequencies
I'm not convinced that the move from FM to DAB for the BBC and commercial stations is really going to 'free up the dial' for lots of diverse community and radically different music programming stations tbh.
I do, quite a few groups have applied for community licences and had their applications denied purely on the grounds of lack of frequencies.
ie they have got through the initial application process, proved they had a workable funding model and were going to be sustainable, proved a community need and then been turned down by the technical guys on the grounds of no available frequencies.