Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p11
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 26263–29173

refuse to grant the licence to the person:
               (i) it is not satisfied that the person—
                   (a) is a fit and proper person to hold the licence;
                   (b) has the financial, technical and management capabilities necessary effectively to operate the

                   relevant broadcasting station or television station, as the case may be; and
                   (c) is otherwise capable of complying with the conditions of the licence;
               (ii) where—
                   (a) the licence is a commercial licence (other than a licence for a metropolitan commercial broadcasting station as defined by sub-section 90 (1) or a licence referred to in paragraph 92 (1) (c)) or a supplementary licence; and
                   (b) in the opinion of the Tribunal, in the area to be served in pursuance of the licence, satisfactory reception is being obtained of programs from one or more broadcasting or television stations operated by virtue of a licence or licences of a kind to which sub-sub-paragraph (a) applies,
               the need to avoid undue concentration of influence, whether direct or indirect, on the person and on the company or companies holding the other licence or licences;
               (iii) where, in the opinion of the Tribunal, in the area to be served in pursuance of the licence, satisfactory reception is being obtained of programs from one or more broadcasting or television stations—the need for the commercial viability of that station or those stations;
         (d) it appears to the Tribunal that a licence of the kind contemplated by the matters set out in a notice under paragraph 82 (1) (a) or 82a (3) (a) or in a statement referred to in sub-section 82a (6) should not be granted;
         (e) where the licence is a supplementary licence, the Tribunal, having due regard to the need for the commercial viability of the broadcasting stations and television stations in the area to be served in pursuance of the licence, if granted, determines that an additional commercial broadcasting station to serve that area is reasonably likely to be commercially viable during the period in which the licence, if granted, would be in force; or
         (f) the circumstances are such that, if it granted the licence to the person—
               (i) the Tribunal would have reasonable grounds for believing that a person would be contravening section 90c or 92 in circumstances that would constitute an offence against that section;
               (ii) a person would be contravening section 90f or 92c; or
               (iii) a condition specified in section 90g or 92d would be contravened.

    "(7) For the purposes of paragraph (6) (f), the Tribunal may disregard a contravention of section 90c or 92 by a person if it is satisfied that—
         (a) as soon as practicable after the grant of the licence the person will take all