The Media Ownership (Local Radio and Appointed News Provider) Order 2003

Restriction on holding more than two overlapping licences

5.—(1) A person (“the relevant person”) who holds at least two local sound broadcasting licences may not hold a further such licence (“the further licence”) in any case where, if he were to do so, the conditions in paragraph (2) would be satisfied in relation to any licence held by him (“the licence in question”) at the time immediately after he became the holder of the further licence.

(2) The conditions are that—

(a) the licence in question overlaps with any two other local sound broadcasting licences held by the relevant person which also overlap with each other;

(b) one of the licences mentioned in sub-paragraph (a) is the further licence; and

(c) the limit on concentration is contravened in the case of the licence in question.

(3) For the purposes of paragraph (2), the limit on concentration is contravened in the case of the licence in question if the first total represents more than 55 per cent. of the second total.

(4) The first total is the aggregate number of points attributable (according to the table in article 8) to—

(a) the licence in question; and

(b) any other local sound broadcasting licences held by the relevant person and of a description mentioned in the first column of the table in article 8.

(5) The second total is the aggregate number of points attributable to the licence in question and all other local sound broadcasting licences of a description mentioned in the first column of the table in article 8 (regardless of who holds them).