Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p28
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 70008–72644

the renewal of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to renew a supplementary radio licence 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 renew the licence:
     (a) the Tribunal is satisfied that the licensee has failed to comply with the undertaking (if any) given under subsection 83 (1) or 86 (4), as the case may be, in relation to the licence to be renewed;
     (b) the Tribunal is satisfied that the licensee:
         (i) is no longer a fit and proper person to hold the licence; or
         (ii) no longer has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence;
     (c) the Tribunal is satisfied that a condition of the licence has not been complied with;
     (d) the need for the commercial viability of the service provided pursuant to the licence.
"(5) The Tribunal may refuse to renew a supplementary radio licence if it is satisfied that the licensee has unreasonably or repeatedly delayed paying an amount payable by the licensee under the Radio Licence Fees Act 1964.".
(2) Section 86 of the Principal Act continues to apply, after the commencement of this subsection and until 1 March 1989, in relation to the renewal of a re-broadcasting or re-transmission licence as if the amendment made by subsection (1) had not been made.
31. After section 86d of the Principal Act the following sections are inserted:

Renewal of public licence
"86e. (1) The Tribunal shall not refuse to renew a public licence unless it is required to do so by subsection (2), (3) or (4).
"(2) The Tribunal shall refuse to renew a public licence if the licensee has failed to give an undertaking under subsection 86 (4).
"(3) The Tribunal shall refuse to renew a public licence if the Tribunal is satisfied that the renewal of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to renew a public licence 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 renew the licence:
     (a) the Tribunal is satisfied that the licensee has failed to comply with an undertaking (if any) given under subsection 83 (1) or 86 (4), as the case may be, in relation to the licence to be renewed;
     (b) the Tribunal is satisfied that the licensee:
         (i) is no longer a fit and proper person to hold the licence; or
         (ii) no longer has the financial, technical and