Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p44
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 107784–110611

or management capabilities necessary effectively to operate the television station to which the licence relates;
          (iii) if—
              (a) the licence to which the transaction relates is not a licence referred to in paragraph 92 (1) (c); and
              (b) in the opinion of the Tribunal, in the area served in pursuance of that licence, satisfactory reception is being obtained of programs from one or more broadcasting or television stations operated by virtue of another licence or licences,
          the Tribunal is satisfied, having regard to the need to avoid undue concentration of influence, whether direct or indirect, on the companies holding those licences, that approval of the transaction should be refused in whole or in part in so far as it affects the applicant,
then, subject to this section, the Tribunal, by notice in writing served on the applicant—
     (d) where paragraph (a) applies by reason that, if the application were an application of a kind referred to in that paragraph, the Tribunal would be required to refuse the application by reason of the operation of sub-paragraph 89a (1d) (d) (ii) or (iii)—shall refuse approval of the whole transaction in so far as it affects the applicant;
     (e) where paragraph (a) applies otherwise than as described in paragraph (d) or where paragraph (b) applies—may refuse approval of the whole transaction in so far as it affects the applicant; or
     (f) where paragraph (c) applies—shall, as the case requires—
          (i) refuse approval of the transaction, in so far as it affects the applicant, to the extent that it relates to specified interests or interests of a specified amount, and approve the remainder of the transaction in so far as it affects the applicant; or
          (ii) refuse approval of the whole transaction in so far as it affects the applicant.
"(3) In sub-paragraph (2) (c) (iii) (except in sub-sub-paragraph (a)), 'licence' means—
     (a) a licence for a commercial television station, other than a licence referred to in paragraph 92 (1) (c); or
     (b) a licence for a commercial broadcasting station, other than a metropolitan commercial broadcasting station as defined by sub-section 90 (1).

"(4) This sub-section applies in relation to a person, in relation to a transaction, if—
     (a) the person is a prescribed party, within the meaning of section 92f, to the transaction;
     (b) as a result of the transaction, the person will become, or has become, as the case requires, the legal owner of shares in—
          (i) the company holding the licence to which the transaction relates (in this sub-section referred to as the 'licensee'); or
          (ii) another company that is the legal owner of shares in the licensee and is, by reason only of that shareholding, deemed, by virtue of sub-section