12(1)The Secretary of State may by order impose requirements, on persons holding local digital sound programme licences, prohibiting the provision by the same person, in the circumstances described in the order, of more than the number of local digital sound programme services that is determined in the manner set out in the order.U.K.
(2)The circumstances by reference to which a person may be prohibited under sub-paragraph (1) from providing a local digital sound programme service, and the factors that may be used for determining the number of such services that he may provide, include, in particular—
(a)whether and to what extent the coverage areas of different local digital sound programme services provided by that person would overlap;
(b)the capacity used by those services on the relevant multiplexes;
(c)the sizes of the potential audiences for those services and the times when those services would be made available;
(d)whether and to what extent members of the potential audiences for those services would also be members of the potential audiences for local digital sound programme services provided by other persons;
(e)in a case in which members of the potential audiences for the services provided by that person would also be members of the potential audiences for local digital sound programme services provided by other persons—
(i)the number of those other persons;
(ii)the coverage areas of their services;
(iii)the capacity used by their services on the relevant multiplexes;
(iv)the sizes of the potential audiences for their services; and
(v)the times when their services are or will be made available.
(3)For the purposes of this paragraph the coverage area for a service provided under a local digital sound programme licence is the area in the United Kingdom within which the relevant multiplex 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.
(4)In this paragraph “the relevant multiplex”, in relation to a service provided under a local digital sound programme licence, means the local radio multiplex service in which the service provided under that licence is or is to be included.
(5)For the purposes of this paragraph a person who holds a licence to provide local digital sound programme services provides such a service if, and only if—
(a)the service is one provided by him and is included in a local radio multiplex service for which he holds a local radio multiplex licence; or
(b)under a contract between that person and a person who holds a licence to provide a local radio multiplex service, the person holding the licence to provide the radio multiplex service is required to include that local digital sound programme service in that multiplex service.
Commencement Information
I1Sch. 14 para. 12 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)