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2.—(1) OFCOM shall grant a limited number of wireless telegraphy licences for the purposes of establishing digital terrestrial television multiplexes in the frequency band 550 – 606 megahertz in the United Kingdom.
(2) In determining the number of wireless telegraphy licences to be granted OFCOM shall select the number of licences which is most likely to secure—
(a)the optimal use of the electromagnetic spectrum;
(b)the availability throughout the United Kingdom of a wide range of electronic communications services; and
(c)the availability throughout the United Kingdom of a wide range of television and radio services.
(3) In determining to whom to grant a licence OFCOM shall select the person—
(a)whose use of the frequency band OFCOM considers will be the most likely to secure—
(i)the optimal use of the electromagnetic spectrum;
(ii)the availability throughout the United Kingdom of a wide range of electronic communications services; and
(iii)the availability throughout the United Kingdom of a wide range of television and radio services; and
(b)who has provided OFCOM with the information set out in regulation 5 of the Wireless Telegraphy (Licensing Procedures) Regulations 2010(1).
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