Section 10 Award of multiplex licence subject to conditions.

United Kingdom

(1)

F1OFCOM may, when awarding a multiplex licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to—

(a)

any duties which are or may be imposed on them, or on the licence holder, by or under F2this Act, the 1990 Act or Part 3 of the Communications Act 2003 , and

(b)

any information provided to them under section 7(4)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force.

(2)

Where OFCOM determine that any condition imposed by them in relation to a multiplex licence in pursuance of subsection (1) has not been satisfied, section 8 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it.

(3)

Section 8 shall not so have effect if OFCOM decide that it would be desirable to publish a fresh notice under section 7(1) in respect of the grant of the licence.

Annotations

Textual amendments

F1: Words in s. 10 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 82(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2: Words in s. 10(1)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 82(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Notes on Part I

Modifications

C1: 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)
C2: Pt. 1 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 215(10)(c), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C3: Pt. 1 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 241(1), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
C4: Pt. 1 applied in part (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 1 (as amended (12.7.2012) by S.I. 2012/1842, arts. 1, 3; and (20.12.2024) by S.I. 2024/1371, arts. 1(1), 3, 4)
C5: Pt. 1 modified (13.9.2021) by The Television Multiplex Services (Renewal of Multiplex Licences) Order 2021 (S.I. 2021/941), arts. 1, 3, Sch.