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Clause 94

Award of national licence to person submitting highest cash bid

Amendments made : No. 442, in page 71, line 40, leave out the amounts specified in the cash bids submitted by'.

No. 443, in page 71, line 41, leave out are the same,' and insert

have submitted cash bids specifying an identical amount which is higher than the amount of any other cash bid submitted in respect of the licence, then (unless they propose to exercise their power under subsection (3) in relation to the licence)'.

No. 444, in page 71, line 46, after may', insert

disregard the requirement imposed by subsection (1) and'. No. 445, in page 71, line 46, leave out other than the one who' and insert who has not'.

No. 446, in page 71, line 48, leave out do so' and insert award the licence to that applicant'.

No. 447, in page 72, line 1, leave out who submitted the highest bid,' and insert

to whom (apart from this subsection) they would award the licence in accordance with the preceding provisions of this section,'. No. 448, in page 72, line 4, leave out granted' and insert awarded'.

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Column 334

No. 449, in page 72, line 22, leave out subsections (7) and (8). No. 450, in page 72, line 31, leave out

the applicant who submitted the highest bid'

and insert an applicant'.

No. 451, in page 72, line 32, leave out from if' to end of line 37 and insert

that person had not made an application for the licence.'. No. 453, in page 72, line 39, at end insert

, as soon as reasonably practicable after awarding the licence'. No. 453A, in page 72, line 42, leave out

as soon as is reasonably practicable'.

No. 454, in page 72, line 48, leave out

requirements of section 93(1)(a) and (b) were'

and insert

requirement specified in section 93(1)(a) was'.

No. 455, in page 72, line 49 leave out and'.

No. 456, in page 73, line 2, leave out other than the one who' and insert who has not'.

No. 457, in page 73, line 4 at end insert

; and

(d) such other information as the Authority consider

appropriate.'.-- [Mr. Mellor.]

Clause 95

Holder of national licence to give security against failure to maintain proposed service

Amendments made : No. 733, in page 73, line 19, leave out from beginning to and' in line 20.

No. 734, in page 73, line 21, leave out from effect' to end of line 24 and insert

as if he had not made an application for the licence.'. No. 735, in page 73, line 25, leave out subsection (4) and insert--

(4) If at any time after a national licence has been granted to any person but before the licence has come into force--

(a) that person indicates to the Authority that he does not intend to provide the service in question, or

(b) the Authority for any other reason have reasonable grounds for believing that that person will not provide that service once the licence has come into force,

then, subject to subsection (4A)--

(i) the Authority shall revoke the licence,

(ii) the whole, or (if the Authority so determine) a specified part, of any security given by that person under this section shall be forfeited to the Authority, and

(iii) section 94 shall have effect as if he had not made an application for the licence.

(4A) Subsection (4) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless the Authority have served on him a notice stating their grounds for believing that he will not provide the service in question once his licence has come into force ; and they shall not serve such a notice on him unless they have given him a reasonable opportunity of making

representations to them about the matters complained of.'.-- [Mr. Mellor.]

Clause 96

Additional payments to be made inrespect of national licences

Amendment made : No. 736, in page 75, line 29, leave out from beginning to estimating' in line 31.-- [Mr. Mellor.]

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Column 335

Clause 97

Applications for other licences

Amendments made : No. 458, in page 75, line 42, after licence', insert

and specifying the closing date for applications'.

No. 459, in page 76, line 11, leave out and'.

No. 460, in page 76, line 12, after require', insert--

(i)'.

No. 461, in page 76, line 15, at end insert

, and

(ii) as to the arrangements which the applicant proposes to make for, and in connection with, the transmission of his proposed service ; and

(d) such other information as the Authority may reasonably require for the purpose of considering the application.'.

No. 462, in page 76, line 18, leave out or (c)' and insert , (c) or (d)'.

No. 463, in page 76, line 18, at end insert--

(3A) The Authority shall, at the request of any person and on the payment by him of such sum (if any) as the Authority may reasonably require, make available for inspection by that person any information furnished under subsection (2)(b) by the applicants for a local licence.'.

No. 464, in page 76, line 20, leave out (a)'.

No. 465, in page 76, line 22, leave out from question,' to would' in line 24 and insert

they shall, in accordance with subsection (1), publish a notice under that subsection relating to the proposed grant of the further licence to provide that service, unless it appears to them that to do so'.

No. 466, in page 76, leave out lines 28 and 29.

No. 542, in page 76, line 36, at end insert--

(6) In this section and sections 98 and 99 "programme" does not include an advertisement.'.-- [Mr. Mellor.]

Clause 98

Special requirements relating togrant of local licences

Amendments made : No. 467, in page 76, line 39, leave out in particular'.

No. 468, in page 76, line 49, leave out and'.

No. 469, in page 77, line 4, at end insert

; and

(d) the extent to which any application for the licence is supported by such persons.'.-- [Mr. Mellor.]

Clause 99

Requirements as to quality and coverage of national and local services

Amendment made : No. 470, in page 77, line 7, leave out quality and'.-- [Mr. Mellor.]

Clause 100

Party political broadcasts

Amendments made : No. 471, in page 77, line 30, leave out or local licence may' and insert licence shall'.

No. 543, in page 77, line 42, at end insert--

(2A) Any rules made by the Authority for the purposes of this section may make different provision for different cases or circumstances.'.-- [Mr. Mellor.]

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Column 336

Clause 101

Power to require scripts etc. or publication of apology

Amendments made : No. 472, in page 78, line 24, leave out an' and insert a correction or'.

No. 473, in line 26, leave out an' and insert a correction or'. No. 474, in line 32, leave out an' and insert a correction or'.-- [Mr. Mellor.]

Clause 102

Power to impose financial penalty or suspend or shorten licence period

Amendment made : No. 412, in page 78, line 40, after pay', insert , within a specified period,'.-- [Mr. Mellor.]

Clause 103

Power to revoke licences

Amendment made : No. 413, in page 80, line 21, leave out from particular,' to end of line 23 and insert

, or

(b) that, in connection with his application for the licence, the holder of such a licence withheld any material information with the intention of causing them to be misled,'.-- [Mr. Mellor.]

Clause 104

Licensable sound programme services

Amendments made : No. 183, in page 80, line 41, leave out simultaneous'.

No. 184, in line 46, at end insert

, and whether the programmes are to be so conveyed for simultaneous reception or for reception at different times in response to requests made by different users of the service.'. No. 544, in page 81, line 8, after who', insert

does either or both of the following things, that is to say-- (a)'.

No. 545, in line 9, at end insert

, or

(b) runs a telecommunication system which is so used,'.-- [Mr. Mellor.]

Clause 106

Additional services

Amendments made : No. 546, in page 81, line 35, leave out on' and insert within'.

No. 547, in line 40, leave out on' and insert within'. No. 185, in page 82, line 13, after taken', insert

for the purposes of this Part'.-- [Mr. Mellor.]

Clause 107

Licensing of additional services

Amendments made : No. 548, in page 82, line 39, leave out on' and insert within'.

No. 549, in line 40, leave out on' and insert within'. No. 477, in page 83, line 8, leave out

under this Part to provide any sound broadcasting'

and insert

to provide a national'.

No. 478, line 12, leave out broadcasting' and insert national'. No. 186, in line 17, after facilities', insert reasonably'.

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Column 337

No. 187, in line 18, at end insert--

(5A) Any person who grants to any other person access to facilities in accordance with conditions imposed under section (5) may require that other person to pay a reasonable charge in respect thereof ; and any dispute as to the amount of any such charge shall be determined by the Authority.'.-- [Mr. Mellor.]

Clause 108

Applications for additional services licences

Amendments made : No. 188, in page 83, line 36, after licence', insert

and specifying the closing date for such applications'. No. 189, in line 40, leave out from beginning to and' in line 41.

No. 190, in page 84, line 8, leave out and the deposit'. No. 191, in line 9, leave out and (ii)'.

No. 550, in line 10, leave out from plan' to indicating' in line 11.

No. 551, in line 12, leave out he' and insert the applicant'. No. 552, in line 14, leave out

he is able to do so'

and insert known to the applicant'.

No. 192, in line 28, leave out subsections (6) to (9).

No. 193, in page 85, line 7, at end insert--

(9A) The Authority shall, as soon as reasonably practicable after the date specified in a notice under this section as the closing date for applications, publish in such manner as they consider appropriate--

(a) the name of every person who has made an application to them in pursuance of the notice ;

(b) particulars of the technical plan submitted by him under subsection (3)(b) ; and

(c) such other information connected with his application as the Authority consider appropriate.'.-- [Mr. Mellor.]

Clause 109

Procedure to be followed by the Authority in connection with consideration of applications for, and awarding of, licences

Amendments made : No 553, in page 85, line 17, leave out he would be able to maintain his proposed service'

and insert

the services proposed to be provided under the licence would be capable of being maintained'.

No. 194, in line 37, leave out subsection (5) and insert (5) If at any time after an additional services licence has been granted to any person but before the licence has come into force-- (a) that person indicates to the Authority that he does not intend to provide the services in question, or

(b) the Authority for any other reason have reasonable grounds for believing that that person will not provide those services once the licence has come into force,

then, subject to subsection (5A)--

(i) the Authority shall revoke the licence, and

(ii) section 94 (as applied by subsection (3) above) shall have effect as if he had not made an application for the licence. (5A) Subsection (5) shall not apply in the case of any person by virtue of paragraph (b) of that subsection unless the Authority have served on him a notice stating their grounds for believing that he will not provide the services in question once his licence has come into force ; and they shall not serve

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