Section 99 Procedure to be followed by Authority in connection with consideration of applications for national licences.C1

United Kingdom

(1)

Where a person has made an application for a national licence in accordance with section 98, F1OFCOM shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 100 unless it appears to them—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

that he would be able to maintain F3the proposed service F4and any proposed simulcast radio service corresponding to that service throughout the period for which the licence would be in force.

(2)

Any reference to an applicant in section 100 (except in section 100(9)(b)) is accordingly a reference to an applicant in whose case it appears to OFCOM that the requirements of subsection F5(1) above are satisfied.

Annotations

Textual amendments

F1: Words in s. 99 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 39(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2: S. 99(1)(a) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 41(5)(a), 55(3)(e); S.I. 2024/1033, reg. 3(a)
F3: Words in s. 99(1)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(5)(b), 55(3)(e); S.I. 2024/1033, reg. 3(a)
F4: Words in s. 99(1)(b) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 39(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5: Word in s. 99(2) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 41(5)(c), 55(3)(e); S.I. 2024/1033, reg. 3(a)

Modifications

C1: Pt. 3: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 5 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)