Broadcasting Act 1990

15 Applications for Channel 3 licences.U.K.

(1)Where [F1OFCOM] propose to grant a licence to provide a Channel 3 service they shall publish, in such manner as they consider appropriate, a notice—

(a)stating that they propose to grant such a licence;

(b)specifying—

(i)if the service is to be a regional Channel 3 service, the area in the United Kingdom for which the service is to be provided,

(ii)if the service is to include the provision of such programmes as are mentioned in section 14(3), the different parts of that area, or (as the case may be) the different communities living within it, for which such programmes are to be provided,

(iii)if the service is to be provided as mentioned in section 14(4), the times of the day or the days of the week (or both) between or on which it is to be provided, and

(iv)if the service is to be a national Channel 3 service, the areas in the United Kingdom for which it is to be provided and the times of the day between which it is to be provided;

(c)inviting applications for the licence and specifying the closing date for such applications; and

(d)specifying—

(i)the fee payable on any application made in pursuance of the notice, and

(ii)the percentage of qualifying revenue for each accounting period that would be payable by an applicant in pursuance of section 19(1)(c) if he were granted the licence.

(2)[F1OFCOM] shall, when publishing a notice under subsection (1), publish with the notice general guidance to applicants for the licence in question which contains examples of the kinds of programme whose inclusion in the service proposed by any such applicant under subsection (3)(b) would be likely to result in a finding by [F1OFCOM] that the service would comply with the requirements [F2that 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.]

(3)Any application made in pursuance of a notice under this section must be in writing and accompanied by—

(a)the fee specified in the notice under subsection (1)(d)(i);

(b)the applicant’s proposals for providing a service that would comply with the requirements [F3that 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]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the applicant’s cash bid in respect of the licence;

(g)such information as [F1OFCOM] 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 [F1OFCOM] may reasonably require for the purpose of considering the application.

[F5(3A)For the purposes of subsection (1)(d)(ii)—

(a)different percentages may be specified for different accounting periods; and

(b)the percentages that may be specified for an accounting period include a nil percentage.]

(4)At any time after receiving such an application and before determining it [F1OFCOM] may require the applicant to furnish additional information under any of [F6paragraphs (b)], (g) and (h) of subsection (3).

(5)Any information to be furnished to [F1OFCOM] under this section shall, if they so require, be in such form or verified in such manner as they may specify.

(6)[F1OFCOM] shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate—

(a)the following matters, namely—

(i)the name of every person who has made an application to them in pursuance of the notice,

(ii)the proposals submitted by him under subsection (3)(b), and

(iii)such other information connected with his application as [F1OFCOM] consider appropriate; and

(b)a notice—

(i)inviting representations to be made to them with respect to any matters published by them in accordance with paragraph (a) (ii) and (iii) above, and

(ii)specifying the manner in which, and the time by which, any such representations are to be so made.

(7)In this Part “cash bid”, in relation to a licence, means an offer to pay to [F1OFCOM] a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period).