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

PART III RADIO

Introductory

11.—(1) In addition to the limits on the holding of licences to providenational, local and restricted radio services set out in paragraph 2(1)of Part III of Schedule 2 to the Act (no person to hold more than onelicence for national radio, 20 licences for local radio or six licencesfor restricted radio services) there shall be the limits set out in thisPart; and for this purpose particular categories of radio services shallbe ascribed points according to the table set out below.

TABLE III

Category of service	Points
National radio	25
Category A local radio	15
Category B local radio	8
Category C local radio	3
Category D local radio	1
Restricted radio service provided otherwise than for a particular event	1

(2) For the purpose of the table a local radio service falls—

(a) into category A if the number of persons over the age of 15resident in the area for which the service is provided exceeds 4.5million;

(b) into category B if the number of such persons exceeds 1 million butdoes not exceed 4.5 million;

(c) into category C if the number of such persons exceeds 400,000 butdoes not exceed 1 million; and

(d) into category D if the number of such persons does not exceed400,000.

(3) In the case of a service provided on an amplitude modulated (AM)frequency the relevant number of points applicable to the service byvirtue of the table shall be reduced by one third.

(4) A service which, on the day on which the licence to provide it isgranted, falls into a particular category for the purposes of the tableshall continue to be regarded as falling into that category as long asany increase or decrease in the relevant number of persons over the ageof 15 (which would otherwise take the service outside that category)does not exceed 10%.

(5) A person who is a participant with more than a 20% interest in abody corporate which is the holder of a licence to provide a servicefalling within any of the categories set out in the table, but who doesnot control that body, shall, for the purposes of the limits set out inarticle 12, be treated as the holder of a licence to provide a serviceto which one half of the points (which would otherwise be applicable tosuch a service) are ascribed.

(6) In this Part references to the area for which a particular serviceis provided are references to the measured coverage area determined bythe Radio Authority for that service.

Limits

12.—(1) Subject to the following paragraphs, a person shall not at any timehold licences to provide national, local or restricted radio servicessuch that the total number of points applicable to such services,calculated in accordance with article 11, exceeds 15% of the totalnumber of points so calculated applicable to all such services inrespect of which licences have been granted and have not ceased to haveeffect.

(2) Such a person as is described in paragraph (1) may hold licencessuch that the total number of points applicable to the services to whichthey relate exceeds 15% of the total number of points applicable to allsuch services if the excess is solely attributable to a reduction in thenumber of points applicable to all such services.

(3) A person shall not at any time hold more than two licences toprovide local radio services falling into category A.

(4) Subject to paragraph (3), a person shall not at any time hold morethan six licences to provide local radio services falling into categoryA or B.

(5) Subject to paragraph (3), a person who holds a licence to provide anational radio service shall not at any time hold more than fourlicences to provide local radio services falling into category A or B.

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.