Communications Act 2003

Part 2Radio multiplex services

Restriction on holding of national radio multiplex licences

7A person is not to hold more than one national radio multiplex licence at the same time.

Restriction on holding of local radio multiplex licences

8(1)A person is not to hold any two local radio multiplex licences at the same time where the coverage area of one of the licensed services overlaps with the coverage area of the other in a way that means that the potential audience for one of them is or includes at least half the potential audience of the other.

(2)For the purposes of this paragraph the coverage area for a local radio multiplex service is the area determined by OFCOM to be the area in the United Kingdom within which that service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this sub-paragraph.

(3)Where a person is in contravention of this paragraph in respect of the holding by him of local radio multiplex licences, that contravention is to be disregarded in relation to any time if—

(a)he held those licences immediately before the commencement of this paragraph;

(b)his holding of those licences immediately before the commencement of this paragraph was not in contravention of paragraph 11(4) of Part 3 of Schedule 2 to the 1990 Act; and

(c)there has not been a relevant change of circumstances between the commencement of this paragraph and that time.

(4)There is a relevant change of circumstances in the case of the person in contravention if another person becomes the holder of the two pre-commencement licences in relation to which the contravention arises.

(5)In sub-paragraph (4) “pre-commencement licence”, in relation to a person and a time, means a local radio multiplex licence held by him immediately before the commencement of this paragraph and still held by him at that time.

Connected persons rules etc.

9For the purposes of this Part of this Schedule, where there is a licence to provide a radio multiplex service, each of the following shall be treated as holding that licence—

(a)the actual licence holder; and

(b)every person connected with the actual licence holder.

Power to amend Part 2 of Schedule

10The Secretary of State may by order repeal or otherwise modify any of the restrictions imposed by this Part of this Schedule.