The Media Ownership (Local Radio and Appointed News Provider) Order 2003

Cross-media ownership

6.—(1) A person (“the relevant person”) may not hold a local sound broadcasting licence (“the relevant licence”) in any case where, if he were to do so, then, at the time immediately after he became the holder of the relevant licence—

(a) he would be a person of a description falling within paragraph (2); and

(b) the conditions in paragraph (3) would be satisfied in relation to any licence that he holds (“the licence in question”).

(2) The descriptions of persons referred to in paragraph (1) are—

(a) a person who runs a local newspaper which has a local market share of 50 per cent. or more in the coverage area of the service provided under the licence in question;

(b) a person who runs local newspapers which together have a local market share of 50 per cent. or more in that coverage area;

(c) a person who holds the licence to provide any regional Channel 3 service where at least 50 per cent. of the potential audience of the service provided under the licence in question reside within the coverage area for that regional Channel 3 service.

(3) The conditions are that—

(a) the licence in question overlaps with any two other local sound broadcasting licences which also overlap with each other (regardless of who holds the other licences);

(b) one of the licences mentioned in sub-paragraph (a) is the relevant licence; and

(c) the limit on concentration is contravened in the case of the licence in question.

(4) For the purposes of paragraph (3), the limit on concentration is contravened in the case of the licence in question if the first total represents more than 45 per cent. of the second total.

(5) The first total is the aggregate number of points attributable (according to the table in article 8) to—

(a) the licence in question; and

(b) any other local sound broadcasting licences held by the relevant person and of a description mentioned in the first column of the table in article 8.

(6) The second total is the aggregate number of points attributable to the licence in question and all other local sound broadcasting licences of a description mentioned in the first column of the table in article 8 (regardless of who holds them).

(7) Where—

(a) any person holds any local sound broadcasting licence which overlaps with any two other local sound broadcasting licences (regardless of who holds the other licences) which also overlap with each other,

(b) that person becomes a person of a description mentioned in paragraph (2) while he is the holder of such a licence, and

(c) at the time immediately after he becomes a person of that description, the condition in paragraph (3)(c) is satisfied in relation to any such licence that he holds,

that person may not then hold a local sound broadcasting licence in respect of which that condition is satisfied, taking, for the purposes of this paragraph, the references in paragraphs (2) to (6) to the licence in question to be references to the licence held by him mentioned in sub-paragraph (a) or (if there is more than one) each such licence in turn, and the reference in paragraph (5)(b) to the relevant person to be a reference to the person mentioned in sub-paragraph (a).