The Independent Analogue Broadcasters (Reservation of Digital Capacity) Order 1996

Applications for the Licence

3.—(1) Where the Commission propose to grant the C3/C4 multiplex licence, they shall publish, in such manner as they consider appropriate, a notice—

(a) inviting an application for the licence and specifying the closing date for such an application;

(b) specifying the frequency on which the service is to be provided and the area or areas in the United Kingdom in which the frequency is to be available;

(c) stating that no percentage of multiplex revenue would be payable by the applicant in pursuance of section 13 of the 1996 Act if he were granted the licence, and

(d) containing general guidance as to requirements to be met by proposals as to the matters referred to in paragraphs (i) and (ii) of sub-paragraph (2)(a) and in sub-paragraph (2)(e), and such other general guidance as they consider appropriate.

(2) An application for the C3/C4 multiplex licence may be made only by a body corporate controlled by the Channel 3 companies and Channel Four taken together and must be in writing and accompanied by—

(a) a technical plan relating to the service which the applicant proposes to provide and indicating—

(i) the proposed coverage area of the service,

(ii) the timetable in accordance with which that coverage would be achieved, and

(iii) the technical means by which it would be achieved;

(b) the applicant’s proposals as to the number of digital programme services to be broadcast, as to the characteristics of each of those services and as to the areas in which they would be provided;

(c) the applicant’s proposals as to the timetable in accordance with which the broadcasting of each of those services would begin;

(d) the applicant’s proposals as to the broadcasting of digital additional services;

(e) the applicant’s proposals for promoting or assisting the acquisition, by persons in the proposed coverage area of the service, of equipment capable of receiving all the multiplex services available in that area;

(f) the applicant’s proposals for the broadcasting and reception of the Channel 3 services and Channel 4 in digital form and of the qualifying teletext service;

(g) such information as the Commission may reasonably require as to the applicant’s present financial position and his projected financial position during the period for which the licence would be in force; and

(h) such other information as the Commission may reasonably require for the purpose of considering the application.

(3) At any time after receiving such an application and before determining it, the Commission may require the applicant to furnish additional information under paragraph (2).

(4) Any information to be furnished to the Commission under paragraphs (2) and (3) shall, if they so require, be in such form or verified in such manner as they may specify.

(5) The Commission shall, as soon as reasonably practicable after the date specified under paragraph (1) as the closing date for an application, publish in such manner as they consider appropriate—

(a) the name of the person who has made that application to them;

(b) the proposals submitted by him under sub-paragraph (2)(b); and

(c) such other information connected with his application as the Commission consider appropriate.