Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p19
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 47619–50369

radio licence to a person unless it is required to do so by subsection (2), (3), (4), (5) or (7).

"(2) The Tribunal shall refuse to grant a supplementary radio licence to a person if the person has failed to give an undertaking in accordance with subsection 83 (1).
"(3) The Tribunal shall refuse to grant a supplementary radio licence to a person if the Tribunal is satisfied that the grant of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to grant a supplementary radio licence to a person if it appears to the Tribunal, having regard only to the following matters or circumstances, that it is advisable in the public interest to refuse to grant the licence to the person:
     (a) the Tribunal is not satisfied that the person:
         (i) is a fit and proper person to hold the licence;
         (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
         (iii) is otherwise capable of complying with the conditions of the licence;
     (b) where the licence's service area overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or licences.
"(5) The Tribunal shall refuse to grant a supplementary radio licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82a (4) (a) should not be granted.
"(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82a (4) (a) is a reference to such matters as affected by any determination under subsection 83f (1).
"(7) The Tribunal shall refuse to grant a supplementary radio licence to a person if the Tribunal, having due regard to the need for the commercial viability of radio services provided pursuant to other non-limited licences that have service areas that overlap the service area of the supplementary radio licence, determines:
     (a) that an additional radio service provided pursuant to a commercial radio licence having the same service area as that of the supplementary licence is reasonably likely to be commercially viable during the period in which the supplementary licence, if granted, would be in force; and
     (b) that, having considered:
         (i) the need for an adequate and comprehensive service to be provided pursuant to such an additional licence; and
         (ii) whether, in the Tribunal's opinion, there is or would, if the supplementary licence were granted, be an