Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p5
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 11176–13902

the first-mentioned licence is transferred to a person in accordance with section 89a, or, where that licence is held by 2 or more persons as co-owners as described in sub-section 81 (6), if the whole of the interest of any of those persons is transferred to a person in accordance with section 89a—the commercial licence referred to in paragraph 89a (1f) (b) held by the person to whom the licence or the interest, as the case may be, is transferred,
    shall be deemed, for the purposes of this Act, to be related to each other and to continue to be so related, notwithstanding the renewal of either or both of those licences.
    "(2b) For the purposes of this Act—
         (a) a commercial translator licence; and
         (b) a commercial licence or a supplementary licence,
    shall be deemed to be associated if the translator station operated by virtue of the commercial translator licence is required by a condition of the licence to receive and re-transmit, without alteration, the programs of the station operated by virtue of the commercial licence or supplementary licence, as the case requires.
    "(2c) A reference in this Part to a consortium shall be read as a reference to an association of companies.".

Grant and renewal
     10. Section 81 of the Principal Act is amended—
     (a) by omitting from sub-section (2) "deciding whether to grant or renew a licence and in";
     (b) by omitting from sub-section (2) "commercial" (second occurring);
     (c) by omitting from paragraph (5) (a) "or commercial television stations" and substituting ", commercial television stations or supplementary broadcasting stations"; and
     (d) by adding at the end thereof the following sub-section:
        "(6) Where a supplementary licence or an associated commercial translator licence is granted to the members of a consortium—
        (a) the persons to whom the licence is granted take the licence in equal undivided shares as owners in common;
        (b) references in the licence, in this Act and in any other law to the licensee or to the holder of the licence shall be read as references to each co-owner of the licence; and
        (c) the performance by a co-owner of the licence of an obligation imposed by the licence, by this Act or by any other law on the licensee or the holder of the licence shall, to the extent of that performance, be deemed to release that co-owner and each other co-owner of the licence from that obligation.".

Applications
11. Section 82 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(6) This section does not apply to a licence in respect of the grant of which an application may be lodged under sub-section 82a (1) or is lodged