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Broadcasting Act 1990

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Version Superseded: 24/07/1996

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45 Licensing etc. of non-domestic satellite services.U.K.

(1)An application for a licence to provide a non-domestic satellite service shall—

(a)be made in such manner as the Commission may determine; and

(b)be accompanied by such fee (if any) as they may determine.

(2)Where such an application is duly made to the Commission, they may only refuse to grant the licence applied for if it appears to them that the service which would be provided under the licence would not comply with the requirements of section 6(1).

(3)Section 44(2) shall apply to a licence to provide a non-domestic satellite service as it applies to a licence to provide a domestic satellite service.

(4)Any licence granted by the Commission to provide a non-domestic satellite service shall (subject to the provisions of this Part) continue in force for a period of ten years.

(5)Subject to subsections (6) and (7), 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.

(6)In its application in relation to a licence to provide a non-domestic satellite service, section 41 shall have effect with the omission of subsection (2); 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 shall instead be £50,000.

(7)Section 42 shall apply in relation to such a licence with the omission of subsection (7).

(8)The Secretary of State may by order amend subsection (6) by substituting a different sum for the sum for the time being specified there.

(9)Any order under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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