Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p13
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 31391–34247

if—
         (a) the licensee has failed to give an undertaking under sub-section (10);
         (b) the Tribunal is satisfied that the renewal of the licence would be contrary to a provision of this Act;
         (c) 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:
               (i) the Tribunal is satisfied that the licensee has failed to comply with the undertaking (if any) given under sub-section (10) or 83 (5), as the case may be, in relation to the licence to be renewed;
               (ii) the Tribunal is satisfied that the licensee—
                   (a) is no longer a fit and proper person to hold the licence; or
                   (b) no longer has the financial, technical and management capabilities necessary effectively to operate the broadcasting station or television station, as the case may be, to which the licence relates;
               (iii) the Tribunal is satisfied that a condition of the licence has not been complied with;
               (iv) the need for the commercial viability of the station operated by virtue of the licence; or
         (d) the circumstances are such that, if the Tribunal renewed the licence—
               (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.
    "(11c) For the purposes of paragraph (11b) (d), 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 renewal of the licence concerned, the person will take all reasonable steps with a view to causing the contravention to cease; or
         (b) the contravention will not result in the person being, within the meaning of Division 2 or 3, as the case requires, of Part IV, in a position to control the company holding the licence.
    "(11d) Subject to sub-section (11), the Tribunal may refuse to renew a licence for a commercial broadcasting station or commercial
    television station or a supplementary licence if it is satisfied that the licensee has failed to pay an amount payable by him under the Broadcasting Stations Licence Fees Act 1964 or the Television Stations Licence Fees Act 1964, as the case requires."; and
     (c) by adding at the end thereof the following sub-sections:
    "(14) Where a supplementary licence and a related commercial licence expire on or about the same date, the Tribunal may, if it thinks fit, hold a joint inquiry into the renewal of—
         (a) the supplementary licence and the