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: (a) on the Digital Start Up Day, the Multiplex Capacity available exceeds the aggregate of: (i) the fraction 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 Start Up Day, the Multiplex Capacity available exceeds the aggregate of: (i) the fraction 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).