Part I

Independent Television Services
Chapter II

Television Broadcasting on Channels 3, 4 and 5

Channel 3

Procedure to be followed by Commission in connection with consideration of applications for licences.
16
1
Where a person has made an application for a Channel 3 licence in accordance with section 15, OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 17 unless it appears to them—
a
that his proposed service would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
i
the public service remit for that service,
ii
programming quotas,
iii
news and current affairs programmes, and
iv
programme production and regional programming, and
b
that he would be able to maintain that service throughout the period for which the licence would be in force,
and any reference to an applicant in section 17 (except in section 17(12)(b)) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of paragraphs (a) and (b) above are satisfied.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In deciding whether an applicant’s proposed service would comply with the requirements that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
a
the public service remit for that service,
b
programming quotas,
c
news and current affairs programmes, and
d
programme production and regional programming,
OFCOM shall take into account any representations made to them in pursuance of section 15(6)(b) with respect to that service; ....
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt I (ss.1-71) applied (1.10.1996) by 1988 c. 48, s.72, as replaced 1996 c. 55, s. 138, Sch. 9 para. 1; S.I. 1996/2120, art. 4, Sch. 1
Ss. 15-17A excluded (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 16(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(5)(b), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. 1: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
S. 16(2)(3) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(4), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 16(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 16(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(5)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
S. 16(5)-(8) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(6), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 16 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 8(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)