In this Part “radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003.

The Secretary of State may, if having regard to developments in broadcasting technology he considers it appropriate to do so, by order amend the definition of “digital sound programme service” in subsection (5).

No order under subsection (6) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

In this section—

• “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003;

• “broadcast” means broadcast otherwise than from a satellite.

In this Part “independent national broadcaster” means any person who is the holder of a national licence (within the meaning of Part III of the 1990 Act).

In this Part, a “simulcast radio service” means a service provided by a person for broadcasting in digital form and corresponding to a service which is a national service within the meaning of Part 3 of the 1990 Act and is provided by that person.

The Secretary of State may by order amend subsection (3)(a) or (b) by substituting for the percentage for the time being specified there a different percentage specified in the order.

Before making an order under subsection (4) the Secretary of State shall consult such persons appearing to him to represent listeners as he thinks fit.

An order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In subsection (3) “programme” does not include an advertisement.

Any licence granted by F57OFCOM under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of this Part.

OFCOM may vary a licence by a notice served on the licence holder.

OFCOM shall not make any other variation of a licence unless the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.

F59Paragraph (a) of subsection (3A) does not affect the operation of section 59(1)(b); and that subsection shall not authorise the variation of any condition included in a licence in pursuance of section 55(1).

A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of F60OFCOM .

Without prejudice to the generality of subsection (5), F61OFCOM shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

The fees required to be paid to F99OFCOM by virtue of subsection (1)(c) shall be in accordance with such tariff as may from time to time be fixed by F99OFCOM ; F103...

A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and F99OFCOM shall publish every such tariff in such manner as they consider appropriate.

Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).

Those provisions shall not so have effect if F70OFCOM decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.

In subsection (4)(f) “acquisition” includes acquisition on hire or loan.

At any time after receiving such an application and before determining it, F122OFCOM may require the applicant to furnish additional information under any of paragraphs (b) to (h) of subsection (4).

Any information to be furnished to F122OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

Where F116OFCOM have published a notice under section 46(1), they shall in determining whether, or to whom, to award the national radio multiplex licence in question, have regard to the extent to which, taking into account the matters specified in subsection (2) and any representations received by them in pursuance of section 46(8)(b) with respect to those matters, the award of the licence to each applicant would be calculated to promote the development of digital sound broadcasting in the United Kingdom otherwise than by satellite.

In subsection (2)(e) “acquisition” includes acquisition on hire or loan.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OFCOM must ensure that the conditions included in national radio multiplex licences (taken together) secure that an amount of digital capacity on the multiplex frequencies is reserved for every independent national broadcaster for the broadcasting of a simulcast radio service provided by that broadcaster.

Where the conditions of a licence for a national radio multiplex service reserve capacity on the frequency made available for that service for the broadcasting of a simulcast radio service provided by an independent national broadcaster, those conditions must also include the condition specified in subsection (1C).

Where conditions are included under this section in a national radio multiplex licence reserving capacity for an independent national broadcaster, OFCOM may include conditions relating to the broadcasting of the simulcast radio service in the licence for the national service provided by that broadcaster.

Where the holder of a national radio multiplex licence and an independent national broadcaster fail to agree as to the payments to be made under a condition included in the licence in accordance with F110subsection (1C) , either of them may refer the matter to F111OFCOM for their determination.

Before making a determination under subsection (4), F111OFCOM shall give the licence holder and the independent national broadcaster an opportunity of making representations to F111OFCOM about the matter.

In this section “the multiplex frequencies” means the frequencies made available for the purposes of licensed national radio multiplex services.

In exercising their powers to grant local radio multiplex licences, F83OFCOM shall reserve to the BBC such digital capacity as F83OFCOM consider appropriate in all the circumstances with a view to enabling every BBC local radio service and every BBC radio service for Wales, Scotland or Northern Ireland to be received in digital form within a coverage area which, so far as reasonably practicable, corresponds with the coverage area for that service as provided otherwise than in digital form.

The circumstances to which F83OFCOM may have regard in performing their duty under subsection (1) include the likely demand for digital capacity by persons providing or proposing to provide local digital sound programme services.

Where F83OFCOM propose to grant a licence to provide a local radio multiplex service, they shall notify the BBC of F83OFCOM ’s proposals for reserving to the BBC digital capacity on the frequency in respect of which the licence is to be granted in respect of the area or locality in which it is to be granted.

Before making any determination under subsection (4), F80OFCOM shall give the BBC an opportunity of making representations to them about their proposals.

Where a local radio multiplex licence is granted in respect of a frequency and area or locality in respect of which digital capacity is reserved in pursuance of this section, the licence shall include such conditions as appear to F81OFCOM to be appropriate for the purpose of securing that, in consideration of the making by the BBC of such payments as are from time to time agreed between the holder of the licence and the BBCF82or (in default of agreement) determined under this section , the holder of the licence uses such digital capacity as may from time to time be requested by the BBC (not exceeding the amount so reserved) for the broadcasting of services provided by the BBC.

Before making a determination under subsection (7), OFCOM must give the licence holder and the BBC an opportunity of making representations to them about the matter.

At any time after receiving such an application and before determining it F125OFCOM may require the applicant to furnish additional information under any of paragraphs (b) to (g) of subsection (4).

Any information to be furnished to F125OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

Where F130OFCOM have published a notice under section 50(2), they shall in determining whether, or to whom, to award the local radio multiplex licence in question, have regard (in relation to each applicant) to the matters specified in subsection (2).

In considering the matters referred to in subsection (2), F130OFCOM shall take into account any representations made to them in pursuance of section 50(7)(b) with respect to those matters.

F136OFCOM may, before publishing a notice under section 50(2), determine that two or more local radio multiplex licences are on that occasion to be granted to one person.

Where F136OFCOM have so determined, they shall publish a single notice under section 50(2) in relation to the licences.

Nothing in this section applies in relation to the renewal of a local radio multiplex licence.

Subsection (3) shall not apply in the case of any person by virtue of paragraph (b) of subsection (1) unless F132OFCOM have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

Section 47 or 51 shall not have effect as mentioned in subsection (3) if F132OFCOM decide that it would be desirable to publish a fresh notice under section 46(1) or 50(2) in respect of the grant of the licence.

Any financial penalty payable by any body by virtue of subsection (5) shall, in addition to being recoverable from that body as provided by section 71(4), be recoverable by F132OFCOM as a debt due to them from any person who controls that body.

The Secretary of State may, after consulting F36OFCOM , by order amend F31subsection (2A) by substituting a different percentage for the percentage for the time being specified in F32that subsection .

No order under subsection (3) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Any conditions imposed in pursuance of subsection (1)(a) or (b) may be varied by F36OFCOM with the consent of the licence holder (and section 42(3)(b) shall accordingly not apply to any such variation).

OFCOM are not to vary a national radio multiplex licence in accordance with an application under subsection (6) if it appears to them that, if the application were granted, the capacity of the digital sound programme services broadcast under the licence to appeal to a variety of tastes and interests would be unacceptably diminished.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OFCOM may, if the requirements of subsections (3) to (5) are met, vary a national radio multiplex licence by extending the area in which the licensed service is required to be available.

OFCOM must have received an application for the variation from the licence holder.

In the case of a local radio multiplex licence, OFCOM may vary the licence in accordance with the application only if they are satisfied that doing so would not unacceptably narrow the range of programmes available by way of local digital sound programme services to persons living in the area or locality for which, before the proposed variation, the local radio multiplex service is required to be available.

Where a national radio multiplex licence is granted in pursuance of a notice under subsection (1) of section 46 which specified a percentage of multiplex revenue under paragraph (h) of that subsection, the licence shall include conditions requiring the licence holder to pay to F137OFCOM (in addition to any fees required to be so paid by virtue of section 43(1)(c)) in respect of each accounting period of his falling within the period for which the licence is in force, an amount representing such percentage of the multiplex revenue for that accounting period (determined under section 56) as was specified in the notice.

The Secretary of State may by order provide that, in relation to any notice under subsection (1) of section 46 published while the order is in force, no percentage shall be specified under paragraph (h) of that subsection.

Any order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

If, in connection with the inclusion of any advertisements or other programmes whose inclusion is paid for by payments falling within subsection (1)(a)(i), any payments are made to F45the multiplex provider or any person connected with him to meet any payments payable by F45the multiplex provider by virtue of section 55(1), those payments shall be regarded as made in consideration of the inclusion of the programmes in question.

If the amount deducted by way of commission as mentioned in subsection (3) exceeds 15 per cent. of the payment by the advertiser, the amount of the receipt in question shall be taken to be the amount of the payment less 15 per cent.

If, in any accounting period of F45the multiplex provider , a programme provider or an additional services provider or a person connected with any of them derives, in relation to any programme to be included in the relevant service, any financial benefit (whether direct or indirect) from payments made by any person other than the licence holder, by way of sponsorship, for the purpose of defraying or contributing towards costs incurred or to be incurred in connection with that programme, the relevant payments shall be taken to include the amount of the financial benefit so derived by F45the multiplex provider or the connected person, as the case may be.

Where, in any accounting period of F45the multiplex provider or a programme provider or additional services provider receives payments falling within subsection (1)(a), (b), (c) or (d) from a person connected with him and it appears to the Authority that the amount which (apart from this subsection) would be the multiplex revenue for that accounting period is less than it would have been if the arrangements between him and the connected person were such as might be expected between parties at arm’s length, F46OFCOM may treat the multiplex revenue as increased by the amount of the difference.

In this section—

• “additional services provider”, in relation to F41a national radio multiplex service , means any person who provides any digital additional service for broadcasting by means of F42that radio multiplex service ;

1. (a)

   “F44multiplex provider ”-

   in relation to a national radio multiplex service for which a person holds a licence under this Part, means the licence holder; and

   in relation to a national radio multiplex service which is not licensed under this Part, means the person who provides that service.

• “programme provider”, in relation to F41a national radio multiplex service , means any person who provides a digital sound programme service for broadcasting by means of F42that radio multiplex service .

This section and section 57 shall have effect as if references in this section to digital sound programme services included references to television licensable content services.

In a case falling within subsection (7) or (8) of section 56, F52OFCOM may treat the share of multiplex revenue attributable to any person for the accounting period of F53the multiplex provider as increased by such amount as they consider appropriate to take account of the circumstances mentioned in that subsection.

In this section “additional services provider” F54, multiplex provider and “programme provider”, in relation to F55a national radio multiplex service , have the same meaning as in section 56.

A radio multiplex licence shall (subject to the provisions of this Part and to section 111 of the 1990 Act as applied by section 59(8)) continue in force for a period of twelve years.

A national radio multiplex licence granted (or renewed under this section) before the commencement of this subsection may be renewed (or further renewed) in accordance with this section for a period ending with 31st December 2035.

An application for the renewal of a radio multiplex licence under subsection (2) may be made by the licence holder not earlier than four years before the date on which it would otherwise cease to be in force and not later than F67the day falling three months before the relevant date.

An application for the renewal of a national radio multiplex licence under subsection (2A) may be made by the licence holder not later than the relevant date.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where any such application is made F69..., F63OFCOM may postpone consideration of it by them for as long as they think appropriate having regard to subsection (10).

Where an order under section 55(2) is in force on the relevant date, no percentage of multiplex revenue shall be payable as mentioned in subsection (8)(a) during the period for which the licence is to be renewed.

Where F63OFCOM have granted a person’s application under this section, they shall formally renew his licence from the date on which it would otherwise expire; but in the case of a national multiplex licence they shall not so renew his licence unless they have notified him of any percentage specified by them under subsection (8) and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms.

Where a radio multiplex licence has been renewed under this section, the licence as renewed shall include such further conditions as appear to F63OFCOM to be appropriate for securing the implementation of any supplementary technical plan and supplementary proposals submitted under subsection (4)(a).

In this section “the relevant date”, in relation to a radio multiplex licence, means the date which F63OFCOM determine to be that by which they would need to publish a notice under section 46(1) or 50(2) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the service formerly provided under that licence.

Nothing in this section prevents the holder of a radio multiplex licence from applying for a new licence on one or more occasions in pursuance of a notice under section 46(1) or 50(2).

The holder of a local radio multiplex licence may apply to OFCOM for a renewal of that licence if that person has completed the works necessary to ensure that, as a minimum, coverage of the multiplex service in the area or locality in which the licence is granted complies with the coverage plan for that area or locality.

A licence renewed under this section is to expire on 31st December 2030.

An application for a renewal of a licence must be made not later than the day falling three months before the relevant date.

At any time before determining the application, OFCOM may require the applicant to provide a technical plan supplementing those (if any) submitted under sections 50(4)(b) and 58(4)(a)(i).

Where OFCOM have granted a person’s application they must formally renew the person’s licence from the date on which the application is granted.

In this section—

• “coverage plan”, in relation to an area or locality in which a local radio multiplex licence is granted, means a plan produced by OFCOM which sets out the coverage on local Digital Audio Broadcasting which OFCOM have assessed is broadly equivalent to relevant existing FM local commercial radio coverage in that area or locality

• “the relevant date” shall be determined in accordance with section 58.

Nothing in this section prevents the holder of a local radio multiplex licence from applying for a new licence on one or more occasions in pursuance of a notice under section 50(2).

The regulations may, in particular, amend or modify this Part of this Act.

A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

The power to make regulations under this section may not be exercised after 31 December 2015 (but this does not affect the continuation in force of any regulations made under this section before that date).

The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a national radio multiplex licence shall not exceed F106the maximum penalty given by subsection (2A).

In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (2A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the share of multiplex revenue attributable to him for that accounting period.

Section 57(1) and (3) applies for determining or estimating the share of multiplex revenue attributable to a person for the purposes of subsection (2A) or (2B) above.

The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a local radio multiplex licence shall not exceed F107£250,000 .

F105OFCOM shall not serve on any person any notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), F105OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

Where F105OFCOM serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

Subject to subsection (9), section 111 of the 1990 Act (power to revoke licence granted under Chapter II of Part III of the 1990 Act) shall have effect in relation to a radio multiplex licence as it has effect in relation to a licence under Chapter II of Part III of the 1990 Act.

At any time after receiving such an application and before determining it, F118OFCOM may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

Any information to be furnished to F118OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

Where an application for a digital sound programme licence is made to F118OFCOM in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 42(2)(a) or 44(1).

Section 89 of the 1990 Act (disqualification from being licence holder or concerned with the provision of a programme service if convicted of a transmitting offence) shall apply in relation to a licence under this section as it applies to a licence under Part 3 of that Act, but with the omission of paragraph (b) of subsection (3) of that section and of the word “or” immediately before that paragraph.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to the provisions of this Part and to section 111 of the 1990 Act as applied by section 62(10), a digital sound programme licence shall continue in force until it is surrendered by its holder.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a national digital sound programme licence shall not exceed F17the maximum penalty given by subsection (2A).

In F18subsection (2A) “relevant accounting period”, in relation to a F23relevant multiplex service, means the last accounting period of the multiplex provider .

Where, in the case of any F24relevant multiplex service , the first accounting period of the F25multiplex provider throughout which the holder of the digital sound programme licence provides a digital sound programme service for broadcasting by means of F26that relevant multiplex service (“the first period”) has F19not ended when the penalty is imposed, then for the purposes of this section the share of multiplex revenue attributable to the holder of the digital sound programme licence in relation to F26that relevant multiplex service for the relevant accounting period shall be taken to be the amount which F21OFCOM estimate to be the share of multiplex revenue attributable to him for the first period.

A determination or estimate for the purposes of subsection (2A) or (5) above of the share of multiplex revenue attributable to a person in relation to national radio multiplex services is to be in accordance with section 57(2) and (3).

A determination or estimate for the purposes of subsection (2A) or (5) above of the share of multiplex revenue attributable to a person in relation to television multiplex services or general multiplex services is to be in accordance with section 15(2) and (3).

The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a local digital sound programme licence shall not exceed F20£250,000 .

F21OFCOM shall not serve on any person any notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), F21OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

Where F21OFCOM serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

Subject to subsections (11) and (12), F165sections 109, 111 and 111B of the 1990 Act (enforcement) shall apply in relation to a digital sound programme licence as they apply in relation to a licence under Chapter II of Part III of the 1990 Act.

In its application in relation to a digital sound programme licence, section 109(1) of the 1990 Act shall have effect with the substitution for the reference to a direction under Part III of that Act of a reference to a direction under this Part.

It is hereby declared that any exercise by F21OFCOM of their powers under subsection (1) in respect of any failure to comply with any condition of a digital sound programme licence shall not preclude any exercise by F21OFCOM of their powers under section 109 of the 1990 Act in respect of that failure.

In this section “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003.

An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

At any time after receiving such an application and before determining it, F138OFCOM may require the applicant to furnish such additional information as they may consider necessary for the purpose of considering the application.

Any information to be furnished to F138OFCOM under this section shall, if they so require, be in such form or verified in such manner as they may specify.

Where an application for a digital additional services licence is made to F138OFCOM in accordance with the provisions of this section, they shall grant the licence unless precluded from doing so by section 42(2)(a) or 44(1).

Subject to the provisions of this Part and to section 111 of the 1990 Act as applied by section 66(10), a digital additional services licence shall continue in force until it is surrendered by its holder.

Subject to subsection (4), the amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a digital additional services licence shall not exceed F3the maximum penalty given by subsection (2A).

Where the holder of a digital additional services licence has not provided any digital additional services for broadcasting by means of a F9relevant multiplex service , the amount of any penalty imposed on him under subsection (1)(a) shall not exceed F4£250,000 .

In F5subsection (2A) “relevant accounting period”, in relation to a F10relevant multiplex service, means the last accounting period of the multiplex provider .

Where, in the case of any F11relevant multiplex service , the first accounting period of the F14multiplex provider throughout which the holder of the digital additional services licence provides a digital additional service for broadcasting by means of F12that relevant multiplex service (“the first period”) has F6not ended when the penalty is imposed, then for the purposes of this section the share of multiplex revenue attributable to the holder of the digital additional services licence in relation to F12that relevant multiplex service for the relevant accounting period shall be taken to be the amount which F7OFCOM estimate to be the share of multiplex revenue attributable to him for the first period.

A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue attributable to a person in relation to national radio multiplex services is to be in accordance with section 57(2) and (3).

A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue attributable to a person in relation to general multiplex services is to be in accordance with section 15(2) and (3).

F7OFCOM shall not serve on any person any notice under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

Where a licence is due to expire on a particular date by virtue of a notice served on any person under subsection (1)(b), F7OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date, if they are satisfied that, since the date of the earlier notice, his conduct in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

Where F7OFCOM serve a notice on a BBC company under any provision of this section, they shall send a copy of the notice to the Secretary of State.

Subject to subsections (11) and (12), section 109 (power to require scripts etc. or broadcasting of correction or F13statement of findings or not to repeat programme) and section 111 (power to revoke licences) of the 1990 Act shall apply in relation to a digital additional services licence as they apply in relation to a licence under Chapter II of Part III of the 1990 Act.

In its application in relation to a digital additional services licence, section 109(1) of the 1990 Act shall have effect with the substitution for the reference to a direction under Part III of that Act of a reference to a direction under this Part.

It is hereby declared that any exercise by F7OFCOM of their powers under subsection (1) in respect of any failure to comply with any condition of a digital additional services licence shall not preclude any exercise by F7OFCOM of their powers under section 109 of the 1990 Act in respect of that failure.

If F139OFCOM or the BBC are required to submit a report under subsection (1)(b), they shall submit the report within twelve months of the date of the requirement.

In this section “sound broadcasting service” has the same meaning as in Part III of the 1990 Act.

The Secretary of State may by order amend any of the provisions specified in subsection (2) by substituting a different sum for the sum for the time being specified there.

No order is to be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

In this Part (unless the context otherwise requires)—

• “ancillary service” has the meaning given by section 63(2);

• F114...

• “digital additional service” has the meaning given by section 63(1), and “digital additional services licence” means a licence to provide such services;

• “digital sound programme service” has the meaning given by section 40(5), and “digital sound programme licence” means a licence to provide such services;

• F112“ general multiplex service ” has the same meaning as in Part 3 of the Communications Act 2003;

• “independent national broadcaster” has the meaning given by section 41(1);

• “licence” means a licence under this Part, and “licensed” shall be construed accordingly;

• “local digital sound programme service” and “national digital sound programme service” shall be construed in accordance with section 60(1) and “local digital sound programme licence” and “national digital sound programme licence” mean a licence to provide local digital sound programme services and a licence to provide national digital sound programme services respectively;

• “local radio multiplex service” and “national radio multiplex service” shall be construed in accordance with section 40(4), and “local radio multiplex licence” and “national radio multiplex licence” mean a licence to provide a local radio multiplex service and a licence to provide a national radio multiplex service respectively;

• F160“ radio multiplex licence ” means a licence to provide a radio multiplex service;

• F113“ radio multiplex service ” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003;

• “the radio transfer date” has the same meaning as in the Communications Act 2003;

• “simulcast radio service” has the meaning given by section 41(2);

• “technical service” has the meaning given by section 63(3).

• F156“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;

• F115“ television multiplex service ” has the meaning given by section 241 of the Communications Act 2003.

Any reference in this Part to an area in the United Kingdom does not include an area which comprises or includes the whole of England; and nothing in this Part shall be read as precluding a local radio multiplex service from being provided for an area or locality that is to any extent comprised in the area or locality for which another local radio multiplex service is to be provided.

Where the person who is for the time being the holder of any licence (“the present licence holder”) is not the person to whom the licence was originally granted, any reference in this Part (however expressed) to the holder of the licence shall be construed, in relation to any time falling before the date when the present licence holder became the holder of it, as including a reference to a person who was previously the holder of the licence.