Communications Act 2003

8 (1) A person is not to hold any two local radio multiplex licences at the same time where the [F1 protected area] of one of the licensed services overlaps with the [F1 protected 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. U.K.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F3 (6) In this paragraph, in relation to a local radio multiplex service—

• “potential audience” means the persons who have attained the age of 15 years and reside within the protected area for that multiplex service; and

• “the protected area” means—

  (a)

  subject to paragraph (b), the area or locality specified in a notice published under section 50(1) of the 1996 Act as that in which that multiplex service is to be available; or

  (b)

  if different from that area or locality, the area or locality specified in the relevant licence as that in which that multiplex service is to be available.

(7) In sub-paragraph (6), “the relevant licence” means the local radio multiplex licence under which the multiplex service concerned is authorised to be provided.]

Textual Amendments

F1 Words in Sch. 14 para. 8(1) substituted (29.12.2003) by Media Ownership (Local Radio and Appointed News Provider) Order 2003 (S.I. 2003/3299), arts. 1(2), 14(2)

F2 Sch. 14 para. 8(2) repealed (29.12.2003) by Media Ownership (Local Radio and Appointed News Provider) Order 2003 (S.I. 2003/3299), arts. 1(2), 14(3)

F3 Sch. 14 para. 8(6)(7) added (29.12.2003) by Media Ownership (Local Radio and Appointed News Provider) Order 2003 (S.I. 2003/3299), arts. 1(2), 14(4)

Commencement Information

I1 Sch. 14 para. 8 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)