# The Television Multiplex Services (Reservation of Digital Capacity) Order 2008, Article 9: Variation of the Multiplex A licence: Channel 5 services


(1) 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.
(2) 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—
(a) 50 per cent. of the digital capacity available on the frequencies on which Multiplex A is broadcast, throughout the British Islands, less
(b) digital capacity sufficient for the broadcasting (as a standard definition television service) of Channel 5, throughout the British Islands.
(3) At any time when there is digital capacity on Multiplex A reserved for Channel 5 services—
(a) the holder of a licence to provide Channel 5, or
(b) 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.

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Source: https://www.legislation.gov.uk/uksi/2008/1420/article/9 (the official version)
Page: https://openlegislation.uk/television-multiplex-services-reservation-of-digital-capacity-order-2008/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.