(1)Subject to the following provisions of this section, references in Part 2 of the 1996 Act to a radio multiplex service shall have effect as references to any service which—
(a)falls within subsection (2);
(b)is provided for broadcasting for general reception but otherwise than from a satellite; and
(c)is not a television multiplex service.
(2)A service falls within this subsection if—
(a)it consists in the packaging together (with or without other services) of two or more relevant sound services which are provided for inclusion together in that service by a combination of the relevant information in digital form; or
(b)it is a service provided with a view to its being a service falling within paragraph (a) but is one in the case of which only one relevant sound service is for the time being comprised in digital form in what is provided.
(3)The provision, at a time after the commencement of this section, of a radio multiplex service the provision of which is not authorised by or under a licence under Part 2 of the 1996 Act is not to be an offence under section 97 of the 1990 Act.
(4)Accordingly, after the commencement of this section, a licence under Part 2 of the 1996 Act shall be required for the provision of a radio multiplex service only in so far as it is required for the purposes of a limitation falling within subsection (5) which is contained in a wireless telegraphy licence, or is deemed to be so contained.
(5)A limitation falls within this subsection, in relation to a wireless telegraphy licence, if it provides that the only radio multiplex services that are authorised to be broadcast using the station or apparatus to which the licence relates are those that are licensed under Part 2 of the 1996 Act.
(6)Where immediately before the coming into force of this section—
(a)a radio multiplex service is licensed under Part 2 of the 1996 Act; and
(b)that service is one broadcast using a station or apparatus the use of which is authorised by a wireless telegraphy licence,
that wireless telegraphy licence shall be deemed to contain a limitation falling within subsection (5).
(7)In any case where a wireless telegraphy licence is deemed by virtue of subsection (6) to contain a limitation falling within subsection (5) and the person providing the radio multiplex service in question—
(a)ceases to be licensed under Part 2 of the 1996 Act in respect of that service, or
(b)ceases to exist,
OFCOM may revoke the wireless telegraphy licence.
(8)Subsection (7) is not to be construed as restricting the powers of revocation exercisable apart from this section.
(9)In subsection (2) “relevant sound service” means any of the following—
(a)a digital sound programme service;
(b)a simulcast radio service; and
(c)a digital additional sound service.
Commencement Information
I1S. 258 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)