SCHEDULES
C1SCHEDULE 10Licensing the public teletext service
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.
Sch. 10 excluded (8.12.2003) by The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 (S.I. 2003/3142), art. 8(1) (with art. 11)