Excess Multiplex Capacity Clause Samples
The Excess Multiplex Capacity clause defines how any additional network or transmission capacity, beyond what is contractually required, is managed between the parties. Typically, this clause outlines whether the provider can allocate or sell the surplus capacity to third parties, or if the customer has any rights to request or purchase this excess. By clarifying the handling of unused or surplus capacity, the clause helps prevent disputes over resource allocation and ensures both parties understand their rights regarding extra network bandwidth.
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).
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).
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 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:
(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).
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) the fraction of Multiplex Capacity relating to Standard Access Entitlements granted in accordance with clause 6; and
(b) two-ninths of Multiplex Capacity reserved for Digital Community Broadcasters in accordance with clause 6.4(b).