Article 8 Applications for the licence

The notice published by the Commission under section 7(1) of the 1996 Act in respect of the C5/S4C multiplex licence shall, in addition to the matters set out in that section, specify the amount of digital capacity reserved in accordance with a direction of the Secretary of State to the Commission under section 28(2)(b)(ii) of the 1996 Act for the broadcasting of Channel 5 in digital form and of S4C Digital on the frequency on which the multiplex service is to be provided.

A application made in pursuance of the notice referred to in paragraph (1) shall, in addition to the matters set out in section 7(4) of the 1996 Act, be accompanied by the applicant’s proposals for the broadcasting of Channel 5 in digital form and of S4C Digital.

Where an application for the C5/S4C multiplex licence has been duly made to the Commission in accordance with section 7 of the 1996 Act and with paragraph (2), they may, without prejudice to section 8 of the 1996 Act, refuse the application if they are not satisfied that the applicant would not charge viewers for the reception of any qualifying service.