Broadcasting (Amendment) Act 2007

Determination of applications for award of multiplex contracts.

9.— (1) The Commission shall, in accordance with the provisions of this Act consider every application for a multiplex contract received by it pursuant to a notice under section 8 for the purpose of determining the most suitable applicant, if any, to be awarded a multiplex contract.

(2) In the consideration of applications received by it and in determining the most suitable applicant to be awarded a multiplex contract, the Commission shall have regard to—

(a) the character of the applicant or, if the applicant is a body corporate, the character of the body and its directors, manager, secretary or other similar officer and its members and the persons entitled to the beneficial ownership of its shares,

(b) the adequacy of the expertise and experience and of the financial resources that will be available to each applicant and the extent to which the application accords with good economic principles,

(c) the range and type of programme material or compilations of programme material proposed to be included in the multiplex by the applicant and how the applicant proposes to secure continued inclusion of such material,

(d) in the case of a television multiplex, the proposals by the applicant for promoting the acquisition by persons in the proposed coverage area of equipment capable of—

(i) receiving all of the television multiplexes available or expected to be available in that area, including the national multiplex referred to in section 3 (2)(a), and

(ii) enabling such persons to keep themselves informed of the choice of programme material included in those multiplexes,

(e) in the event that the Commission has specified a minimum coverage area pursuant to section 8 (5), the extent of the coverage area proposed to be achieved by the applicant,

(f) the technical proposal, including a timetable for implementation, regarding the establishment, maintenance and operation of the proposed multiplex,

(g) the duty imposed on the Commission under section 4 (5), and

(h) any other matters which the Commission considers to be necessary to secure the orderly establishment, maintenance and operation of multiplexes.