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(1)This section applies where OFCOM, in the exercise of their radio spectrum functions, have reserved frequencies for the broadcasting of television programmes.
(2)OFCOM must, in carrying out those functions, exercise their powers so as to secure, so far as practicable, that the requirement in subsection (3) is satisfied.
(3)The requirement is that sufficient capacity is made available on the reserved frequencies for ensuring, in the case of every licensed television multiplex service, that the qualifying services are broadcast by means of that multiplex service.
(4)“Licensed television multiplex service” means a television multiplex service the provision of which is authorised by a licence under Part 1 of the Broadcasting Act 1996 (c. 55).
(5)“Qualifying service” and “television multiplex service” each has the same meaning as in Part 3 of the Communications Act 2003 (c. 21).
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