The Small-scale Radio Multiplex and Community Digital Radio Order 2019

4.  Part 2 has effect as if after section 44 there were inserted—

“Persons disqualified from holding small-scale radio multiplex licences

44A.— (1) The following persons are disqualified from holding a small-scale radio multiplex licence—

(a) a person who is not a body corporate;

(b) a body corporate which is the holder of more than 20 per cent of small-scale radio multiplex licences;

(c) a body corporate in which a person is a participant where that person is a participant in bodies corporate holding, taken together, more than 20 per cent of small-scale radio multiplex licences;

(d) a body corporate which is the holder of a national radio multiplex licence or a national sound broadcasting licence;

(e) a body corporate in which the holder of a national radio multiplex licence or a national sound broadcasting licence is a participant with more than a 30 per cent interest;

(f) a body corporate in which the holder of a national radio multiplex licence or a national sound broadcasting licence is a participant where the holder of the national radio multiplex licence or national sound broadcasting licence is a participant in one or more bodies holding, taken together, more than 6 small-scale radio multiplex licences;

(g) a body corporate which is the holder of a local radio multiplex licence where the coverage area of the small-scale radio multiplex licence overlaps with the coverage area of the local radio multiplex licence;

(h) a body corporate in which the holder of a local radio multiplex licence is a participant with more than a 30 per cent interest where the coverage area of the small-scale radio multiplex licence overlaps with the coverage area of the local radio multiplex licence.

(2) A body corporate which is the holder of a small-scale radio multiplex licence is disqualified from holding another small-scale radio multiplex licence where the coverage area of each of the licences overlaps, in Ofcom’s opinion, to a significant extent with the coverage area of the same local radio multiplex service.

(3) Paragraphs (b) and (c) of subsection (1) do not apply where fewer than twenty small-scale radio multiplex licences have been granted.

(4) For the purposes of this section—

(a) any body corporate which is connected with a person which holds a national radio multiplex licence, a national sound broadcasting licence, a local radio multiplex licence or a small-scale radio multiplex licence is to be treated as if it also were a holder of that licence;

(b) one person is to be treated as being connected with another person if the person would be so treated for the purposes of Schedule 2 to the 1990 Act(1);

(c) “participant” has the same meaning as in Schedule 2 to the 1990 Act(2);

(d) any reference to a participant with more than a 30 per cent interest in a body corporate is a reference to a person who—

(i) holds or is beneficially entitled to more than 30 per cent of the shares in that body, or

(ii) possesses more than 30 per cent of the voting power in that body.”.

(1)

See paragraph 3 of Part 1 of Schedule 2. This paragraph was substituted by section 73 of, and paragraph 3 of Schedule 2 to, the 1996 Act.

(2)

See paragraph 1(1) of Part 1 of Schedule 2.