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Communications Act 2003

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This is the original version (as it was originally enacted).

Restriction on holding of local sound broadcasting licences

This section has no associated Explanatory Notes

11(1)The Secretary of State may by order impose—

(a)requirements prohibiting the holding at the same time by the same person, in the circumstances described in the order, of more than the number of local sound broadcasting licences that is determined in the manner set out in the order;

(b)requirements prohibiting a person from holding even one local sound broadcasting licence in the circumstances described in the order.

(2)The circumstances by reference to which a person may be prohibited under sub-paragraph (1) from holding a local sound broadcasting licence, and the factors that may be used for determining the number of such licences that he may hold, include, in particular—

(a)whether and to what extent the coverage areas of different services provided by that person under different local sound broadcasting licences would overlap;

(b)the sizes of the potential audiences for those services and the times when those services would be made available;

(c)whether and to what extent members of the potential audiences for those services would also be members of the potential audiences for services provided under local sound broadcasting licences held by other persons;

(d)in a case in which members of potential audiences for services so provided by that person would also be members of the potential audiences for services so provided by other persons—

(i)the number of those other persons;

(ii)the coverage areas of their services;

(iii)the sizes of the potential audiences for their services; and

(iv)the times when their services are or will be made available;

(e)whether that person runs one or more national newspapers, and their national market share;

(f)whether and to what extent the whole or a part of the coverage area for a service for which that person would hold a local sound broadcasting licence is or includes an area in which one or more local newspapers run by him is circulating, and the newspapers' local market share;

(g)whether and to what extent the whole or a part the coverage area for which that person would hold a local sound broadcasting licence is or is included in the coverage area of a regional Channel 3 service for which he also holds a licence.

(3)For the purposes of this paragraph the coverage area for a service provided under a local sound broadcasting licence or a Channel 3 licence is the area in the United Kingdom within which that service is capable of being received at a level satisfying such technical standards as may have been laid down by OFCOM for the purposes of the provisions of an order under this paragraph.

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