SCHEDULES

C1SCHEDULE 10Licensing the public teletext service

Annotations:

Part 1Applications for and award of licence

Determination of applications

I15

1

This paragraph applies where, in response to a notice under paragraph 1, a person has made an application for a licence to provide the public teletext service.

2

OFCOM must not proceed to consider whether to award the applicant the licence in accordance with the following provisions of this paragraph unless it appears to them—

a

that the applicant’s technical plan, in so far as it involves the use of an electronic communications network, contains proposals that are acceptable to them;

b

that the applicant’s proposals with respect to the matters mentioned in paragraph 3(1)(c) to (e) are acceptable to them; and

c

that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force.

3

In determining whether it appears to them as mentioned in sub-paragraph (2), OFCOM must take account of any representations made to them in response to the invitation published under paragraph 4.

4

Sections 17 and 17A of the 1990 Act (award of licence to highest cash bidder and financial conditions) apply in relation to a licence to provide the public teletext service as they apply in relation to a Channel 3 licence, but with the modifications set out in sub-paragraphs (5) and (6).

5

In the application of section 17 of the 1990 Act in accordance with sub-paragraph (4)—

a

any reference to an applicant is to be construed as a reference to an applicant in whose case it appears to OFCOM as mentioned in sub-paragraph (2);

b

the provisions of subsection (4) down to the end of paragraph (b) are to be omitted;

c

in subsection (7)(a), the reference to section 19(1) of the 1990 Act is to be construed as a reference to paragraph 7 of this Schedule;

d

subsection (12) shall have effect with the substitution of the following paragraph for paragraph (b)—

b

the name of every other applicant in whose case it appeared to OFCOM as mentioned in paragraph 5(2) of Schedule 10 to the Communications Act 2003;

e

in subsection (14), the references to a notice under section 15(1) of the 1990 Act and a notice under Part 1 of that Act shall each have effect as a reference to a notice under paragraph 1 of this Schedule.

6

In the application of section 17A of the 1990 Act in accordance with sub-paragraph (4)—

a

the reference in subsection (1)(b) to section 15(3)(g) of the 1990 Act shall have effect as a reference to paragraph 3(1)(g) of this Schedule; and

b

the reference in subsection (3) to a notice under section 15(1) of the 1990 Act shall have effect as a reference to a notice under paragraph 1 of this Schedule.