Broadcasting Act 1990

Limit on the holding of licences to provide television multiplex services U.K.

F1 5 (1) No one person may at any time hold more than three licences to provide television multiplex services.

(2) For the purposes of sub-paragraph (1), a person who is a participant with more than a 20 per cent. interest in a body corporate which holds a licence to provide a television multiplex service but does not control that body shall be treated as holding the licence held by that body.

(3) No one person may at any time, in relation to each of five or more licences to provide television multiplex services, be either the holder of the licence or a participant with more than a 10 per cent. interest in a body corporate which holds the licence.

(4) In relation to any person who, under any arrangement with the BBC, provides a television multiplex service for the BBC (on a frequency which is not assigned to the Commission under section 6(1) of the 1996 Act)—

(a) sub-paragraph (1) shall have effect as if the reference to three licences were a reference to two licences, and

(b) sub-paragraph (3) shall have effect as if the reference to five licences were a reference to four licences.

(5) The Secretary of State may by order—

(a) amend sub-paragraphs (1) to (4) by substituting a different numerical limit or percentage for any numerical limit or percentage for the time being specified there,

(b) designate any television multiplex service as a regional multiplex service for the purposes of this sub-paragraph, and

(c) prescribe restrictions on the holding by any one person of two or more licences to provide regional multiplex services whose coverage areas are to a significant extent the same.

(6) The Secretary of State shall not designate any television multiplex service as a regional television multiplex service for the purposes of sub-paragraph (5) unless less than half of the population of the United Kingdom is resident within the proposed coverage area of the service.

Textual Amendments

F1 Sch. 2 Pt. III substituted (1.11.1996 except so far as relating to paras. 1(2)(b), 2(7) and otherwise 1.4.1997) by 1996 c. 55, s. 73, Sch. 2 Pt. III para. 10 (with s. 43(1)(6)); S.I. 1996/2120, art. 5, Sch. 2; S.I. 1997/1005, art. 4