Part I Independent Television Services

Chapter IIA Restricted services

42B Licensing etc. of restricted services.

(1)

An application for a licence to provide a restricted service shall be made in such manner as F1OFCOM may determine, and shall be accompanied by such fee (if any) as F1OFCOM may determine.

(2)

Subject to F2subsections (3) to (3C), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service.

(3)

In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of F3subsections (1A) to (1C); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section F4is the maximum penalty given by subsection (3A).

F5(3A)

The maximum penalty is whichever is the greater of—

(a)

£250,000; and

(b)

5 per cent. of the qualifying revenue for the licence holder’s last complete accounting period falling within the period for which his licence has been in force (“the relevant period”).

(3B)

In relation to a person whose first complete accounting period falling within the relevant period has not ended when the penalty is imposed, subsection (3A)(b) is to be construed as referring to 5 per cent. of the amount which OFCOM estimate to be the qualifying revenue for that accounting period.

(3C)

Section 19(2) to (6) applies for determining or estimating qualifying revenue for the purposes of subsection (3A) or (3B) above.