Where Ofcom1 has published a tender notice in connection with national radio multiplex licences2, in determining whether, or to whom, to award the national radio multiplex licence in question, it must have regard to the extent to which, taking into account the matters specified in heads (1) to (6) below and any representations received by it3 with respect to those matters, the award of the licence to each applicant would be calculated to promote the development of digital sound broadcasting in the United Kingdom otherwise than by satellite4. The matters to be taken into account for these purposes are5:
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