Article 9 Variation of the Multiplex A licence: Channel 5 services
If, but only if, OFCOM reserve digital capacity on Multiplex 2 for the holder of a licence to provide Channel 5 as mentioned in article 8(3)(c), they must also vary the Multiplex A licence in accordance with this article.
OFCOM must vary the Multiplex A licence so that, as from the time when the variations reserving capacity on Multiplex 2 for the holder of a licence to provide Channel 5 take effect, the Multiplex A licence includes such conditions as OFCOM consider appropriate for securing that its holder reserves for the holder of a licence to provide Channel 5 digital capacity equivalent to—
50 per cent. of the digital capacity available on the frequencies on which Multiplex A is broadcast, throughout the British Islands, less
digital capacity sufficient for the broadcasting (as a standard definition television service) of Channel 5, throughout the British Islands.
At any time when there is digital capacity on Multiplex A reserved for Channel 5 services—
the holder of a licence to provide Channel 5, or
the holder of the Multiplex A licence,
or both of them, may refer to OFCOM for determination any question arising as to the amount of digital capacity which is sufficient for the broadcasting of Channel 5 as a standard definition television service.