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| |
(b) he runs national newspapers which for the time being together have | |
a national market share of 20 per cent. or more. | |
(2) A person is not to hold a licence to provide a regional Channel 3 service if— | |
(a) he runs a local newspaper which for the time being has a local market | |
share of 20 per cent. or more in the coverage area of the service; or | 5 |
(b) he runs local newspapers which for the time being together have a | |
local market share of 20 per cent. or more in that coverage area. | |
(3) For the purposes of this paragraph, where there is a licence to provide a | |
Channel 3 service, each of the following shall be treated as holding that | |
licence— | 10 |
(a) the actual licence holder; and | |
(b) every person connected with the actual licence holder. | |
Restrictions on participation | |
2 (1) A person who is— | |
(a) the proprietor of a national newspaper which for the time being has | 15 |
a national market share of 20 per cent. or more, or | |
(b) the proprietor of national newspapers which for the time being | |
together have a national market share of 20 per cent. or more, | |
is not to be a participant with more than a 20 per cent. interest in a body | |
corporate which is the holder of a licence to provide a Channel 3 service. | 20 |
(2) A person who is the holder of a licence to provide a Channel 3 service is not | |
to be a participant with more than a 20 per cent. interest in a body corporate | |
which is a relevant national newspaper proprietor. | |
(3) A body corporate is not to be a participant with more than a 20 per cent. | |
interest in a body corporate which holds a licence to provide a Channel 3 | 25 |
service if the first body corporate is one in which a relevant national | |
newspaper proprietor is a participant with more than a 20 per cent. interest. | |
(4) A restriction imposed by this paragraph on participation in a body corporate | |
which is the holder of a Channel 3 licence applies equally to participation in | |
a body corporate which controls the holder of such a licence. | 30 |
(5) Any restriction on participation imposed by this paragraph— | |
(a) on the proprietor of a newspaper, or | |
(b) on the holder of a licence, | |
is to apply as if he and every person connected with him were one person. | |
(6) In this paragraph “a relevant national newspaper proprietor” means a | 35 |
person who runs— | |
(a) a national newspaper which for the time being has a national market | |
share of 20 per cent. or more; or | |
(b) national newspapers which for the time being together have a | |
national market share of 20 per cent. or more. | 40 |
National and local newspapers and their respective national and local market shares | |
3 (1) In this Part of this Schedule references to a national or local newspaper are | |
references to a national or local newspaper circulating wholly or mainly in | |
the United Kingdom or in a part of the United Kingdom. | |
| |
| |
|
| |
| |
(2) Where a newspaper is published in different regional editions on the same | |
day, OFCOM have the power to determine whether those regional editions | |
should be treated for the purposes of this Part of this Schedule as | |
constituting— | |
(a) one national newspaper; | 5 |
(b) two or more local newspapers; or | |
(c) one national newspaper and one or more local newspapers. | |
(3) In the case of a newspaper which would otherwise be neither a national nor | |
a local newspaper for the purposes of this Part of this Schedule, OFCOM | |
have the power to determine, if they consider it appropriate to do so in the | 10 |
light of— | |
(a) its circulation and influence in the United Kingdom, or | |
(b) its circulation or influence in a part of the United Kingdom, | |
that the newspaper is to be treated as a national or as a local newspaper for | |
such of those purposes as they may determine. | 15 |
(4) For the purposes of this Part of this Schedule, the national market share of a | |
national newspaper at any time is the percentage of the total number of | |
copies of all national newspapers sold in the United Kingdom in the relevant | |
six months which is represented by the total number of copies of that | |
newspaper sold in the United Kingdom in that six months. | 20 |
(5) For the purposes of this Part of this Schedule, the local market share of a local | |
newspaper in any area at any time is the percentage of the total number of | |
copies of all local newspapers sold in that area in the relevant six months | |
which is represented by the total number of copies of that newspaper sold in | |
that area in that six months. | 25 |
(6) In sub-paragraphs (4) and (5) “the relevant six months” means the six | |
months ending with the last whole calendar month to end before the time in | |
question. | |
(7) For the purposes of sub-paragraphs (4) and (5), the number of copies of a | |
newspaper sold in the United Kingdom, or in a particular area, during any | 30 |
period may be taken to be such number as is estimated by OFCOM— | |
(a) in such manner, or | |
(b) by reference to such statistics prepared by any other person, | |
as they think fit. | |
(8) In relation to a newspaper which is distributed free of charge (rather than | 35 |
sold), references in this paragraph to the number of copies sold include | |
references to the number of copies distributed. | |
Construction of references to running a newspaper | |
4 For the purposes of this Part of this Schedule a person runs a national or local | |
newspaper if— | 40 |
(a) he is the proprietor of the newspaper; or | |
(b) he controls a body which is the proprietor of the newspaper. | |
Coverage area of a Channel 3 service | |
5 For the purposes of this Part of this Schedule the coverage area for a Channel | |
3 service is the area that is determined by OFCOM to be the area of the | 45 |
United Kingdom within which that service is capable of being received at a | |
| |
| |
|
| |
| |
5 level satisfying such technical standards as may have been laid down by | |
them for the purposes of this paragraph. | |
Power to amend Part 1 of Schedule | |
6 The Secretary of State may by order repeal or otherwise modify any of the | |
restrictions imposed by this Part of this Schedule. | 5 |
Part 2 | |
Radio multiplex services | |
Restriction on holding of national radio multiplex licences | |
7 A person is not to hold more than one national radio multiplex licence at the | |
same time. | 10 |
Restriction on holding of local radio multiplex licences | |
8 (1) A person is not to hold any two local radio multiplex licences at the same | |
time where the coverage area of one of the licensed services overlaps with | |
the coverage area of the other in a way that means that the potential | |
audience for one of them is or includes at least half the potential audience of | 15 |
the other. | |
(2) For the purposes of this paragraph the coverage area for a local radio | |
multiplex service is the area determined by OFCOM to be 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 | 20 |
them for the purposes of this sub-paragraph. | |
(3) Where a person is in contravention of this paragraph in respect of the | |
holding by him of local radio multiplex licences, that contravention is to be | |
disregarded in relation to any time if— | |
(a) he held those licences immediately before the commencement of this | 25 |
paragraph; | |
(b) his holding of those licences immediately before the commencement | |
of this paragraph was not in contravention of paragraph 11(4) of Part | |
3 of Schedule 2 to the 1990 Act; and | |
(c) there has not been a relevant change of circumstances between the | 30 |
commencement of this paragraph and that time. | |
(4) There is a relevant change of circumstances in the case of the person in | |
contravention if another person becomes the holder of the two pre- | |
commencement licences in relation to which the contravention arises. | |
(5) In sub-paragraph (4) “pre-commencement licence”, in relation to a person | 35 |
and a time, means a local radio multiplex licence held by him immediately | |
before the commencement of this paragraph and still held by him at that | |
time. | |
Connected persons rules etc. | |
9 For the purposes of this Part of this Schedule, where there is a licence to | 40 |
provide a radio multiplex service, each of the following shall be treated as | |
holding that licence— | |
| |
| |
|
| |
| |
(a) the actual licence holder; and | |
(b) every person connected with the actual licence holder. | |
Power to amend Part 2 of Schedule | |
10 The Secretary of State may by order repeal or otherwise modify any of the | |
restrictions imposed by this Part of this Schedule. | 5 |
Part 3 | |
Local sound programme services | |
Restriction on holding of local sound broadcasting licences | |
11 (1) The Secretary of State may by order impose— | |
(a) requirements prohibiting the holding at the same time by the same | 10 |
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 | 15 |
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— | 20 |
(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; | 25 |
(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 | 30 |
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 | 35 |
(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 | 40 |
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 | 45 |
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| |
|
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| |
(g) 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 | 5 |
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. | |
Restriction applying to local digital sound programme services | |
12 (1) The Secretary of State may by order impose requirements, on persons | |
holding local digital sound programme licences, prohibiting the provision | 10 |
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. | |
(2) The circumstances by reference to which a person may be prohibited under | |
sub-paragraph (1) from providing a local digital sound programme service, | 15 |
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; | 20 |
(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 | 25 |
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— | 30 |
(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 | 35 |
(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 | 40 |
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. | 45 |
(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 | 5 |
the licence to provide the radio multiplex service is required to | |
include that local digital sound programme service in that multiplex | |
service. | |
Powers supplemental to powers under paragraphs 11 and 12 | |
13 (1) An order under paragraph 11 or 12 may make provision for treating— | 10 |
(a) persons who are connected with a person who holds a licence, | |
(b) persons who are associates of a person who holds a licence or of a | |
person who is connected with a person who holds a licence, and | |
(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body which holds a licence or | 15 |
is treated as doing so by virtue of paragraph (a) or (b), | |
as if each of them were also a holder of the licence for the purposes of a | |
requirement imposed under that paragraph. | |
(2) An order under paragraph 12 may make provision for treating— | |
(a) persons who are connected with a person who provides a local | 20 |
digital sound programme service, | |
(b) persons who are associates of a person who provides such a service | |
or of a person who is connected with a person who provides such a | |
service, and | |
(c) persons who (whether alone or together with such persons as may be | 25 |
described in the order) participate in a body who provides such a | |
service or is treated as doing so by virtue of paragraph (a) or (b), | |
as if each of them were also a person providing the service for the purposes | |
of a requirement imposed under that paragraph. | |
(3) An order under paragraph 11 or 12 may also make provision for treating— | 30 |
(a) persons who are connected with each other, | |
(b) persons who are associates of each other, and | |
(c) persons who (whether alone or together with such persons as may be | |
described in the order) participate in a body, | |
as if they and such other persons who are connected with, associates of or | 35 |
paticipators in any of them as may be described in the order were the same | |
person for the purposes of a requirement imposed under that paragraph. | |
(4) An order under paragraph 11 may make provision— | |
(a) as to the circumstances in which a newspaper is to be treated as a | |
national newspaper or a local newspaper for the purposes of a | 40 |
requirement imposed under that paragraph; | |
(b) as to the person or persons who are to be treated for any such | |
purposes as running a newspaper; | |
(c) as to the determination for any such purposes of the area within | |
which a local newspaper is circulating; and | 45 |
(d) as to what is to constitute the national market share or local market | |
share of any newspaper or of a number of newspapers taken | |
together; | |
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| |
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| |
and provision made by virtue of this paragraph may apply, with or without | |
modifications, any of the provisions of paragraph 3 or 4 of this Schedule. | |
(5) Power to make provision with respect to any matter by any order under | |
paragraph 11 or 12 includes power— | |
(a) to make provision with respect to that matter by reference to the | 5 |
making or giving by OFCOM, in accordance with the order, of any | |
determination, approval or consent; and | |
(b) to confer such other discretions on OFCOM as the Secretary of State | |
thinks fit. | |
(6) Sub-paragraph (5) of paragraph 12 applies for the purposes of this | 10 |
paragraph as it applies for the purposes of that paragraph. | |
Transitional provision for orders under paragraphs 11 and 12 | |
14 (1) This paragraph applies where— | |
(a) immediately after the coming into force of an order under paragraph | |
11 or 12, a person (“the person in contravention”) is in contravention, | 15 |
in any respect, of a requirement imposed under that paragraph; and | |
(b) immediately before the coming into force of the order, that person— | |
(i) held one or more relevant licences; but | |
(ii) was not, in that respect, in contravention of a requirement | |
imposed under that paragraph. | 20 |
(2) This paragraph does not apply in the case of the first order to be made under | |
paragraph 11 or 12 if the person in contravention was, immediately before | |
the coming into force of the order, in contravention, in relation to one or | |
more of the relevant licences, of a requirement imposed under Part 3 or 4 of | |
Schedule 2 to the 1990 Act. | 25 |
(3) In sub-paragraphs (1) and (2) the reference to a relevant licence is— | |
(a) in relation to the coming into force of an order under paragraph 11, | |
a local sound broadcasting licence; and | |
(b) in relation to the coming into force of an order under paragraph 12, | |
a local digital sound programme licence. | 30 |
(4) The contravention mentioned in sub-paragraph (1)(a), to the extent that it | |
arises by reason of the coming into force of the order, is to be disregarded (in | |
the case of the person in contravention) in relation to any time which falls— | |
(a) after the coming into force of the order; and | |
(b) before there is a relevant change of circumstances. | 35 |
(5) Where the contravention is one arising under paragraph 11 in the case of a | |
person who held one or more local sound broadcasting licences immediately | |
before the coming into force of the order, there is a relevant change of | |
circumstances if— | |
(a) another person becomes the holder of any of those licences, | 40 |
otherwise than in consequence of a transaction under which the | |
person in contravention ceases to be a holder of the licence; or | |
(b) the person in contravention becomes the holder of another local | |
sound broadcasting licence. | |
(6) A change of circumstances is not a relevant change of circumstances by | 45 |
virtue of sub-paragraph (5)(b) unless the licence of which the person in | |
contravention becomes the holder is one the holding of which, with the | |
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