Common use of Excess Multiplex Capacity Clause in Contracts

Excess Multiplex Capacity. For the purposes of this clause 7, the Multiplex Licensee is considered to have Excess Multiplex Capacity if, at any time after the end of the 12 month period beginning on the Digital Radio Start Up Day for a Designated BSA Radio Area, the Multiplex Capacity available under a Digital Radio Multiplex Transmitter Licence exceeds the aggregate of: (a) on the Digital Radio Start Up Day for a Designated BSA Radio Area, the Multiplex Capacity available under a Digital Radio Multiplex Transmitter Licence exceeds the aggregate of: (i) the fractions of Multiplex Capacity relating to Standard Access Entitlements granted in accordance with clause 6; and (ii) two-ninths of Multiplex Capacity reserved for Digital Community Broadcasters in accordance with clause 6.4(b); or (b) at any time after the end of the 12 month period beginning on the Digital Radio Start Up Day for a Designated BSA Radio Area, the Multiplex Capacity available under a Digital Radio Multiplex Transmitter Licence exceeds the aggregate of: (c) (a) the fraction of Multiplex Capacity relating to Standard Access Entitlements granted in accordance with clause 6; and (d) (b) two-ninths of Multiplex Capacity reserved for Digital Community Broadcasters in accordance with clause 6.4(b).