The Broadcasting (Restrictions on the Holding of Licences) Order 1991

Overlapping areas

13.—(1) Subject to paragraph (5), a person who holds a licence to provide alocal radio service shall not at any time hold a licence to provide alocal radio service to which this article applies; and, subject toparagraphs (3) and (4), such a person shall not be a participant withmore than a 20% interest in a body corporate which is the holder of alicence to provide a local radio service to which this article applies.

(2) This article applies to a local radio service which is—

(a) provided for an area which is substantially the same as that forwhich the service provided by the person mentioned in paragraph (1) isprovided; and

(b) provided on the same frequency band as that service.

(3) A person who holds a licence to provide a local radio service may bea participant with more than a 20% interest in a body corporate which isthe holder of a licence to provide such a local radio service as isdescribed in paragraph (2) if the number of persons over the age of 15resident in the smaller area does not exceed 10% of the number of suchpersons resident in the larger area.

(4) Where such a person as is described in paragraph (3) is aparticipant with more than a 20% interest in a body corporate which isthe holder of a licence to provide such a local radio service as isdescribed in that paragraph he may not be a participant with more than a20% interest in any other such body corporate.

(5) Nothing in this article shall prevent a person from holding licencesto provide local radio services if—

(a) that person was, immediately before the grant of the licences, alocal radio contractor for an area which was substantially the same asthe area in respect of which those licensed services are provided; and

(b) he provided two or more different programme services on differentfrequencies pursuant to his contract.

(6) For the purposes of this article two areas are to be regarded assubstantially the same if at least 50% of the persons over the age of 15 resident in the smaller area are also resident in the larger area.